[Added 11-15-2011 by L.L. No. 14-2011]
A. Every owner,
lessee, tenant, occupant, or other person in charge of any property
within the Town, except one- or two-family dwellings, adjacent to
which there is a fire hydrant, shall remove the snow and ice from
around the hydrant for a distance of two feet, and between the sidewalk
and curb, and to keep the fire hydrant free from snow and ice throughout
the winter, within four hours after snow has ceased to fall. The period
between 9:00 p.m. and 7:00 a.m. shall not be included in computing
such requirements.
B. It shall be the duty of the owner, lessee, tenant, occupant, or other person in charge of any property within the Town, except one- or two-family dwellings, adjacent to which there is a fire hydrant, to notify the Town or its Highway Department if the fire hydrant cannot be cleared within the timeframe set forth in Subsection
A hereinabove.
C. Upon the failure of the owner, lessee, tenant, occupant, or other person in charge of any property within the Town, except one- or two-family dwellings, adjacent to which there is a fire hydrant, to remove the snow and ice from around the fire hydrant in accordance with Subsection
A hereof, the Town or its agent may provide for the removal thereof at the expense of the owner of the adjacent premises.
D. In a case
where the Town or the Town's agent has removed such snow and ice in
response to a failure to comply, the owner of the adjacent premises
shall pay to the Town the costs and expenses of any such snow removal
work so performed within 14 days of service of a demand for payment
issued by the Town Attorney's office.
E. Upon the
failure of the owner to pay such costs, the Town Superintendent of
Highways shall certify the costs of any such snow removal work and
provide same to the Town Attorney. Such costs and expenses shall be
assessed against and recovered from the real property subject to action
pursuant to this chapter, as designated by a resolution of the Town
Board, and the expenses so assessed shall constitute a lien and charge
on the real property on which they are levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges. The provisions of this
section, with respect to costs shall be in addition to any penalty
imposed for violation of or noncompliance with any provision of this
Code.
F. The owner
shall have an opportunity to contest the removal costs and expenses
set forth in the demand for payment issued by the Town Attorney's
office upon written request made to the Town Attorney within 10 days
of service of the demand for payment being issued by the Town.