[Adopted 3-3-2008 by L.L. No. 4-2008]
A.
Specifications. The construction, reconstruction and repair of sidewalks,
including the materials to be used, the grades and the widths thereof,
must be undertaken in accordance with the Town specifications on file
with the Town Codes Enforcement Officer. Any construction, reconstruction
and/or repair of sidewalks that does not comply with such specifications
are hereby prohibited.
B.
Permit. Any property owner, agent or occupant repairing and/or replacing
a sidewalk or a section thereof, whether acting independently or upon
notice issued as provided in this article, shall obtain a permit from
the Town Codes Enforcement Officer prior to such repair and/or replacement.
Where required, a permit shall also be obtained from the County Superintendent
of Highways for County roads or the State Commissioner of Transportation
for state roads.
A.
It shall be the joint and several obligation of the owner, agent
or occupant of any parcel of real estate upon which a public sidewalk
fronts, whether the parcel of real estate is occupied by a structure
or not, to keep such sidewalks free from snow and ice for the entire
length of the sidewalk fronting such parcel. For purposes of this
article, such obligation exists regardless of whether the sidewalk
is located on private property of the owner, agent or occupant, or
within the road right-of-way.
B.
Snow and ice shall be removed from the sidewalks within 12 hours
after the end of any snowfall; provided, however, that any snow or
ice that has ceased to fall or form after 6:00 p.m. of any evening
may be removed at any time before 9:00 p.m. the following day.
C.
In the event that snow and/or ice on a sidewalk have become so hard
that they cannot be removed without the likelihood of damage to the
sidewalk, the owner, agent or occupant of the premises upon which
a public sidewalk fronts shall cause sand, salt or other appropriate
abrasive element to be put on the sidewalk to make travel thereon
reasonably safe. As soon as the conditions allow, all snow and ice
shall be immediately removed from the sidewalk.
D.
In addition to the prohibition set forth in § 253-10D of this article, no owner, agent or occupant shall cause any snow or ice to be swept, thrown or deposited onto a fire hydrant, any other parcel of real estate without the permission of the owner of that real estate, or into the road right-of-way between the sidewalk and the road or any street, highway or sidewalk.
E.
Any owner, agent or occupant clearing snow and/or ice from a corner
lot shall insure that such snow and/or ice are not piled in a manner
as to endanger pedestrians or obstruct the view of motorists.
F.
Notwithstanding any other statute, ordinance, rule and/or regulation,
any and all snow and/or ice plowed/removed from any highway right-of-way
within the borders of the Town of Onondaga may be plowed/removed to
any adjoining sidewalk, walkway, pathway, tarvia and/or right-of-way
of such highway right-of-way, which, for the purpose of such snow
removal, shall be considered a snow shelf. Highway rights-of-way within
the Town shall include any state, county and/or Town road, and there
shall be no obligation of the Town, county or state to remove any
snow and/or ice from said snow shelf once it is placed there.
A.
Duty to keep sidewalks clean. It shall be the joint and several obligation
of any owner, agent or occupant of any parcel of real estate upon
which a public sidewalk fronts, whether the parcel of real estate
is occupied by a structure or not, to keep such sidewalks free from
all leaves, dirt, filth and garbage, and to keep the sidewalk in good
repair and condition for safe public use for the entire length of
the sidewalk fronting such parcel.
B.
Obstructions. No property owner, agent, occupant or other person
shall place or cause to be placed upon any public sidewalk an obstruction
of any kind as would interfere with the safe use of the sidewalks,
except for temporary loading or unloading, provided that such loading
or unloading is completed without delay.
C.
Compliance of privately owned streets required. All sidewalks constructed
along any privately owned streets of any new development shall be
subject to this article and shall comply in all respects herewith.
Failure to comply with this article in any respect shall constitute
sufficient cause for the Town to reject the proposed dedication of
any street.
A.
Upon becoming aware that any property owner, agent or occupant is
in violation of this article, written notice of such violation shall
be served by the Town Superintendent of Highways, Town Codes Enforcement
Officer or any other law enforcement officer, or by their authorized
agent. Such notice shall be served on such property owner, agent or
occupant personally or by leaving the same at the subject property
with a person of suitable age and discretion or visibly affixing it
to the entrance of the property and thereafter mailing it to the owner
of the property at his last known mailing address as listed on the
tax records for the property. This notice shall describe the violation
and set a time limit for the remedy of the violation.
B.
In the event that notice of the violation is served with regard to
the removal of snow, ice, debris or other obstruction and the violation
is not remedied within the time limit set forth in the notice, the
Town is hereby authorized to remedy the violation.
C.
In the event that notice of the violation is served with regard to
the construction, maintenance, repair, repaving or reconstruction
of a sidewalk and the violation is not remedied within the time limit
set forth in the notice, the Town shall issue an order directing repair
of such violation.
D.
Any work performed by the Town in accordance with this article shall
be reimbursed to the Town by the owner of the property upon which
said sidewalk fronts. The Town shall notify the Town Clerk of the
expenses incurred for the labor, equipment and materials used. The
Town Clerk shall prepare a bill for the owner including these costs,
as well as any other fee incurred by the Town, including but not limited
to reasonable engineering and attorneys' fees. The Town Clerk
shall bill the owner, with such bill to be paid within 30 days of
the date of the bill. Failure of the owner to pay the bill within
that period shall result in the assessment of the total amount of
the bill, including any and all fees and expenses, against the real
property to be collected as part of the annual tax levy. Upon written
request to the Town Codes Enforcement Officer within 10 days of receipt
of the bill, the owner of the property may request a hearing before
the Town Codes Enforcement Officer to appeal all or any part of the
charges imposed.
A.
Notwithstanding any other provision of law, the owner of real property
upon which a public sidewalk fronts, and any agent or occupant to
whom the owner has delegated responsibility for sidewalk maintenance
and snow removal, shall be liable for any injury to property or personal
injury, including death, proximately caused by the failure of such
owner, occupant or agent to maintain such sidewalk in a reasonably
safe condition. Notwithstanding any other provision of law, the Town
shall not be liable for any injury to property or personal injury,
including death, proximately caused by the failure of such owner,
agent or occupant to maintain such sidewalk in a reasonably safe condition.
Failure to maintain such sidewalk in a reasonably safe condition shall
include, but not be limited to, the negligent failure to install,
construct, reconstruct, repave, repair or replace defective sidewalks
and the negligent failure to remove snow, ice, dirt or other material
from the sidewalk.
B.
Nothing in this section shall in any way affect the provisions of
any other law or rule governing the manner in which an action or proceeding
against the Town is commenced, including any provisions requiring
prior notice to the Town of defective conditions.
Any and every violation of the provisions of this article shall
be deemed an offense punishable by a fine not exceeding $250 or 15
days' imprisonment, 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 this article.
