[Adopted 11-1-1993 by L.L. No. 3-1993 (Ch. 127, Art. II, of the 1992
Code)]
The purpose of this article shall be to preserve the public
peace and good order in the Village, to contribute to the public welfare,
safety and good order of its people and to contribute to the safe
conveyance of its people over the streets and sidewalks of the Village
by establishing certain regulations for the removal of snow and ice
from the streets and sidewalks of the Village that are consistent
with the rights and privileges of other residents of the Village.
It is further noted that certain snow-removal practices are an annoyance
and potential danger not only to the traveling public but to the owners
and occupants of adjoining land. It is for these reasons and others
that the Board of Trustees of the Village of Woodridge is compelled
to legislate upon the subject matter.
It shall be the duty of the owner and/or occupant, jointly,
of every parcel of real estate adjoining a public sidewalk, whether
the parcel of real estate is occupied by a structure or not, to keep
such sidewalks adjoining such property free from snow and ice for
the full paved width of such sidewalk.
Snow and ice shall be removed within 24 hours after the end
of a snowfall. Sidewalks in front of commercial establishments and
commercial parking lots or in the commercial area of the Village shall
be kept free of snow and ice at all times between the hours of 9:00
a.m. and 5:00 p.m.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 344-34, be strewn and kept strewn with ashes, sand, salt, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practicable thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon.
[Amended 3-1-2010 by L.L.
No. 1-2010]
A.
If snow or ice shall remain on all sidewalks on Mountaindale Road
from the intersection of Broadway and Glen Wild Road to Village line;
Broadway from the intersection of Glen Wild Road and Mountaindale
Road to the intersection with Green Avenue and Roosevelt Avenue; Green
Avenue Extension from the intersection with Broadway and Roosevelt
Avenue to Greenfield Road; Green Avenue from Maple Avenue to Dairyland
Road; Roosevelt Avenue from the intersection with Broadway and Green
Avenue to Fallsburg end of old steam laundry property; Highland Avenue
Spur from Broadway to Tuttle Avenue, for more than 24 hours after
the cessation of snowfall or the formation of ice, the Village may
provide for the removal thereof at the expense of the property owner
or occupant of the abutting premises without further notice to the
property owner. The charge to be collected for the removal of snow
or ice from a sidewalk or for clearing the area around a fire hydrant,
or for covering the sidewalk with salt, ashes, sand or other dissolving
or disintegrating material, shall be the greater of $50 or $0.75 per
linear foot for the length of the sidewalk cleared or treated by the
Village on such occasion.[1] Notwithstanding the foregoing, where practicable, the
Village shall attempt to notify the owner or occupant of his obligation
to remove the snow and ice before the Village proceeds to remove it.
[Amended 11-21-2016 by L.L. No. 6-2016]
B.
Any duly appointed law enforcement officer of the Village of Woodridge,
including the Building Inspector and the Code Enforcement Officer,
is authorized to enforce this section of this chapter by submitting
a written report thereof to the Board of Trustees within 10 days of
said correction or removal of snow or ice. Said report shall describe
the actions taken and shall include a compilation of all costs and
expenses incurred by the Village. At the next regularly scheduled
meeting of the Board of Trustees, the Board shall confirm said costs
and expenses, together with the administrative fee of $100,[2] as an assessment against the real property involved, by
duly adopted resolution. The property owner shall be given written
notice by any duly appointed law enforcement officer of the Village
of Woodridge of the actions taken and a compilation of all costs and
expenses, including the administrative fee, at least 10 days before
the aforementioned Board of Trustees meeting, wherein the property
owner shall be given the opportunity to be heard regarding the charge
to be imposed and to assert any objections thereto.
C.
A notice shall be deemed sufficient if delivered to the owner or
occupant in person or by certified mail to the property postal address
and, if different, to the last known address of the owner appearing
on the most recent tax rolls of the Village.
D.
Upon the adoption of a resolution by the Board of Trustees, the charge
shall be billed to the owner of the premises abutting the sidewalk
and mailed to him by the Village Treasurer or Village Clerk within
five business days following the adoption of the resolution, and if
not paid in full to the Village Treasurer or Village Clerk by the
tax collection date next following, a lien upon the premises abutting
the sidewalk shall be collected by the Village Treasurer as an assessment
upon said premises on the next real property tax statements issued
by the Village Treasurer as provided by law. A copy of said resolution
shall be mailed to the address of the resident involved, as said address
appears upon the latest assessment roll of the Village of Woodridge.
E.
The collection of this charge shall not preclude the Village from
pursuing any other civil or criminal remedies which may be available
to enforce the violation of this chapter.
F.
It shall at all times be the obligation and responsibility of the
property owner and occupant of every parcel of real estate adjoining
a public sidewalk to maintain the sidewalk adjoining such parcel free
from snow and ice, and the property owner and occupant shall be responsible
for any injuries sustained by third parties resulting from their failure
to properly do so. Notwithstanding the fact that the Village may remove
or cause to be removed the snow and ice from the sidewalk if the property
owner or occupant shall fail to do so, the nonfeasance or malfeasance
of the Village to remove the snow and ice shall not create any liability
on behalf of the Village.
No person, firm or corporation shall deposit, throw, place or
strew, nor shall any person, firm or corporation cause to be deposited,
thrown, placed or strewn, any snow or ice upon any street, avenue
or roadway within the Village of Woodridge.
Any person firm or corporation violating any provision of this
article shall be guilty of a violation and upon a first conviction
pay a fine not to exceed $50. For each offense thereafter, the fine
shall not exceed $100 for each such offense. For purposes of this
section, each day shall constitute a separate violation.
