[Adopted 2-16-1972 by L.L. No. 1-1972]
The intent of this article shall be to contribute to the public
welfare and safety of residents of the Town of Onondaga by requiring
owners of apartment and multifamily residential development projects
to clear snow and ice from their access roadways. In winters past,
certain owners, especially certain owners of apartment and multifamily
residential development projects, did not regularly and adequately
clear snow and ice from their access roadways. Consequently, fire
trucks and other emergency vehicles and school buses, as well as residents
thereof, encountered difficulties in reaching their destinations.
The Town Board, in recognition of its responsibility to protect the
lives of the residents of the Town of Onondaga, will require these
owners of apartment and multifamily residential development projects
to have such snow removal and ice control jobs accomplished. For these
reasons, the Town Board is compelled to legislate.
It shall be the duty of every owner of apartment and multifamily
residential development projects in the Town of Onondaga to keep access
roadways located on such lands free from snow and ice or ice conditions
under control. Any dwellings, apartment houses or other structures
must be easily accessible from the public roads. Fire trucks and other
emergency vehicles and school buses, as well as the residents thereof,
should not encounter difficulty reaching the buildings due to negligence
by the owner.
Snow shall be removed and ice conditions controlled within 12
hours after the cessation of the snowfall or creation of an icy condition.
A.
Written notice of violations of the provisions of this article shall
be served by the Town Superintendent of Highways or by his authorized
agent on the owner or manager of the property on which the violation
exists. This notice shall describe the violation and require forthwith
the remedying of conditions constituting it.
B.
In the event the owner or manager cannot, with due diligence, be
found on the premises or at his place of usual residence, the Town
Superintendent of Highways is hereby authorized and directed to cause
the snow to be removed or the ice condition controlled at the expense
of the Town until the owner is found and required to pay as hereinafter
provided.
C.
In the event that notice of violation is served and the violation
is not remedied within four hours, the Town Superintendent of Highways
is authorized to remove the snow and/or control the ice conditions
on said access roadways and notify the Town Clerk of expenses incurred
for the amount of labor, equipment and materials.
The Town shall be reimbursed for the cost of such snow removal
from or ice control on any such access roadways by the owner thereof.
The Town Clerk shall bill these property owners for snow removal or
ice control to be paid immediately and any such costs, if not paid
within 30 days, be assessed against the property and collected as
part of the annual tax levy, or in the statutory manner for the collection
of civil penalties.
The Town Board further notes that certain snow removal practices
are a vexation and annoyance not only to the traveling public but
also to owners or occupants of adjoining lands. Snow from such access
roads shall not be pushed into public roads or onto the lands of adjoining
property owners.
Any and every violation of the provisions of this article shall
be deemed an offense against this article, punishable by a fine not
exceeding $250 or by imprisonment not to exceed 15 days, or both,
for each offense. Each day's continued violation of this article,
after written notice thereof, shall constitute a separate and additional
violation. In addition to the above provided penalty or in lieu thereof,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such local law.
