[HISTORY: Adopted by the Town Board of the Town of Ogden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1971 by L.L. No. 2-1971 (Ch. 169, Art. I, of the 1995 Code)]
[Amended 9-28-2016 by L.L. No. 3-2016]
No person, firm or corporation or the owner, tenant or occupant
of any premises abutting on any Town highway shall throw, place or
deposit any water, snow, ice or mud, mulch, stone, dirt, brush or
any other obstruction into or upon any Town highway in the Town of
Ogden, it being the intent and purpose of this section to prohibit
all persons from throwing, casting, placing or depositing water, snow,
ice, mud, mulch, stone, dirt, brush or any other obstruction which
accumulated within the private property belonging to said person upon
the highways, including the entire right-of-way of said highways of
the Town of Ogden.
A.
In case such water, snow, ice, mud, mulch, stone, dirt, brush or any other obstruction shall not be removed from such highways or shall be cast, deposited thereon or placed upon said highways by the owner or owners, tenant or tenants, occupant or occupants of any said premises, as provided in § 248-1 above, the same shall be removed at once under the direction of the Superintendent of Public Works, and the cost of such removal as nearly as can be ascertained shall be certified by the Superintendent of Public Works to the Town Board.
[Amended 9-28-2016 by L.L. No. 3-2016]
B.
The Town Board shall examine such certification and, if found to
be correct, shall cause such cost to be charged against the real property
abutting the Town highway at the point of violation.
[Amended 9-28-2016 by L.L. No. 3-2016]
C.
The amount so charged shall become a lien and a tax upon such real
property and shall be added to and collected in the same way as the
taxes next to be levied and assessed upon such premises and shall
bear interest and be enforced and collected in the same manner as
other taxes.
D.
The imposition and collection of a fine or fines imposed by this
article shall not constitute any bar to the right of the Town of Ogden
to collect the cost as certified for the removal of said water, snow,
ice or mud in the manner herein authorized.
[Amended 12-13-1995 by L.L. No. 9-1995]
A violation of any of the provisions of this article shall be
punishable by a fine of not more than $250 or imprisonment for a term
of not more than 15 days, or both, for each offense. Each day's
continued violation shall constitute a separate offense.
[Adopted 6-18-1977 by L.L. No. 4-1977 (Ch. 169, Art. II, of the 1995
Code)]
[Amended 12-13-1995 by L.L. No. 9-1995]
It is the intent of this article to implement the requirement
of giving written notice of defects, in accordance with § 50-e
of the General Municipal Law and § 65-a of the Town Law,
in order that the Town of Ogden may be apprised of the same and given
a reasonable opportunity to correct the same so as to better protect
lives and properties within the Town of Ogden.
No civil action shall be maintained against the Town of Ogden
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk or crosswalk being
defective, out of repair, unsafe, dangerous or obstructed or for damages
or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any sidewalk, crosswalk, street,
highway bridge or culvert unless written notice of the defective,
unsafe, dangerous or obstructed condition or of the existence of the
snow or ice, relating to the particular place, was actually given
to the Town Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of or to cause the snow or ice to
be removed or the place otherwise made reasonably safe.
Any person desirous of giving a written notice in accordance
with this article shall either:
A.
Cause such written notice in duplicate to be delivered personally
to the Town Clerk, who shall file the original and acknowledge receipt
of the same on the duplicate thereof, returning the duplicate to the
person filing the same; or
B.
Cause such written notice, in duplicate, to be mailed to the Town
Clerk, postage prepaid, by either certified or registered mail, return
receipt requested, upon receipt of which the Town Clerk shall file
the original and acknowledge receipt of the same or the duplicate
thereof, returning the duplicate to the person who mailed the same
at the address provided.
The written notice hereunder shall contain at least the following
information:
A.
Name and mailing address of the person giving the notice.
B.
A precise statement as to the nature and extent of any defective
or dangerous condition, need of repair, unsafe or obstructed condition
or the existence of snow or ice upon any street, highway, bridge,
culvert, sidewalk or crosswalk within the Town of Ogden.
C.
The approximate date that such condition first became known to the
person giving the notice.
D.
The exact location of such condition, giving wherever possible reference
to a street address or addresses, utility pole numbers or such other
geographic reference as will aid the Town in properly locating such
condition.
Immediately upon receipt of a notice under this article, the
Town Clerk shall cause the original thereof to be filed in a separate
file maintained by the Town Clerk solely for this purpose, and the
Town Clerk shall cause a copy of such notice to be directed to the
department head whom the Town Clerk deems responsible for the correction
of such condition.
[Added 12-13-1995 by L.L.
No. 9-1995]
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices received pursuant to this article, as required
by § 65-a, Subdivision 4, of the Town Law.
This article shall supersede, in its application to the Town
of Ogden, Subdivisions 1 and 3 of § 65-a of the Town Law.
