[HISTORY: Adopted by the Board of Trustees of the Village of Castleton-on-Hudson as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1991 by L.L. No. 5-1991]
Out of concern for the health, safety and welfare of residents, guests and travelers on the sidewalks in the Village of Castleton-on-Hudson, the County of Rensselaer, State of New York, and due to the congestion on such sidewalks and due to the threat of injury to pedestrians as a result of obstruction, encumbrances and occupation of such sidewalks and pursuant to the provisions of the New York State Village Law, the New York State Criminal Procedure Law and the General Municipal Law, the following regulations are hereby enacted.
Pursuant to this article, no person shall in any way obstruct, encumber, occupy or consent to aid or abet the obstruction, encumbrance or occupation of any part of any sidewalk through placement of object(s) upon such sidewalk in the Village of Castleton-on-Hudson, except so far as the same shall be necessary for the erection or repair, upon receipt of a valid building permit and/or other municipal approval as is necessary, of a building or structure, or the grading or improvement of a lot, or for normal purposes of ingress and egress into structures and/or building, travel along such sidewalk, provided always that a passageway shall at all times be kept clear for travelers and pedestrians, and, provided also that all such valid obstructions shall be carefully and properly guarded at all times and properly lighted at all times during the night. Under no circumstances shall any person or persons store or keep personal property on any sidewalk during the night.
This article shall be administered and enforced in accordance with the terms and conditions of the New York State Criminal Procedure Law and shall be enforced by the Village of Castleton-on-Hudson Code Enforcement Officer, the State Police, Rensselaer County Sheriff's Department or the Schodack Town Police.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment. In addition, each day that a violation under this article is allowed to exist shall constitute a separate and distinct violation enforceable under this article.
[Amended 10-27-1997 by L.L. No. 6-1997]
[Adopted 8-15-2011 by L.L. No. 2-2011]
The purpose of this article is to provide for the maintenance and repair of all sidewalks within the Village of Castleton-on-Hudson.
It shall be the duty of the owner or occupant, in whole or in part, of any lot or part of a lot fronting upon any street in the Village to, at all times, keep the gutter and sidewalk in front of the same cleaned, including of all snow and/or ice and in good order and condition and to the true grade thereof and to repair the concrete flagging and bricks or other materials of such sidewalk and materials to such gutter and also to observe and obey any lawful resolution which may be passed by the Village Board with reference thereto and also to observe and obey any notice, printed or written, which may be served upon him by the Department of Public Works Superintendent or by the Code Enforcement Officer directing him to put such sidewalk and gutter in good order and condition and to repair the same.
If the owner shall not repair such sidewalk within 10 days of such notice, per § 175-5, the Village shall cause such repair to be made, and the cost thereof shall be paid by the owner. All grading done on sidewalks repaired by the owners of adjoining lands, pursuant to the aforesaid notice, shall be in accordance with the standard specifications for installation of public sidewalks. Unpaid costs shall become a lien upon the premises benefited thereby and shall be collected as provided by law for the collection of taxes and assessments.
Whenever the owner or occupant of every parcel of real estate adjoining a public sidewalk fails to remove the snow and ice from such sidewalk adjoining such property within 48 hours after such notice to remove the same, the Village shall cause such removal of said snow or ice and the cost thereof shall be paid by the owner.
In addition to the liability for the cost of removal of the snow from sidewalks as provided in § 175-6, failure to remove snow within 48 hours of the end of snowfall shall be punishable by a fine of up to $75 per twenty-four-hour period thereafter.
There shall be no violation of this article if extenuating circumstances, such as amounts deposited by snowplows, the amount of fallen snow or any other circumstances, reasonably preclude or materially inhibits the clearing of the snow or ice.