[Adopted 12-16-2015 by L.L. No. 2-2015]
The owner or occupant of every property within the Town Center
District shall at all times pave, keep and maintain the existing sidewalks
adjoining his/her property in a safe, passable condition and the sidewalk
free from snow, ice, dirt, filth, weeds and all other obstructions.
In the event that personal injury or property damage shall result
from the failure of the owner or occupant to comply with the provisions
of this article, the owner and occupant shall be liable to all persons
injured, or where property is damaged directly or indirectly thereby,
and shall be liable to the Town of Milton to the extent that the Town
of Milton is required by the court to respond in damages to any injured
party.
The Town reserves the right, but shall not be obligated to do
so, to plow or clear any sidewalk within the Town Center District
for the purpose of making it passable by the public in the interest
of public safety. However, in doing so, the property owner shall not
be relieved of its/their obligations hereunder.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Town Board of the Town of Milton hereby declares that it would
have passed this article or the remainder thereof had such invalid
application or invalid provision been apparent.
The fines and penalty provisions of §
180-72 shall apply to all violations of this article.
In the event of any inconsistencies between this article and the provisions of §
180-39.4 pertaining to sidewalk maintenance, or any other sections of Town Law, the provisions of this article shall control.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State.
[Adopted 2-15-2017 by L.L. No. 1-2017]
As used in this article, the following terms shall have the
meanings indicated:
OWNER
The owner of record or any other person, persons, firm, corporation
or entity in actual possession of or otherwise having charge, care
or control of any property within the Town Center, including, but
not limited to, an executor, administrator, trustee, guardian, heir,
distributee, bank, lending institution, or agent.
It shall be unlawful for any owner, lessee or occupant, or any
agent, servant, representative or employee of any such owner, lessee
or occupant, having control of any occupied or unoccupied property,
building lot or plot of land, or any part thereof, in any section
of the Town Center District to permit or maintain on any such lot
or plot of land or on or along both sides of the sidewalk, the street
or alley adjacent to the same, between the property line and the curb
or middle of the alley, or for 10 feet outside of the property line
and up to the edge of the roadway if there is no curb, any growth
of weeds, grass or other vegetation of any kind to be a height greater
than six inches, on the average, on a vacant lot, or to a height greater
than six inches, on the average, on an improved lot, or any accumulation
of dead weeds, grass or brush. It shall also be unlawful for any such
person or persons to cause, suffer or allow poison ivy, ragweed or
other poisonous plants or plants detrimental to health to grow on
any such lot or plot of land in such manner that any part of such
ivy, ragweed or other poisonous weed shall extend upon, overhang or
border any public place, it being the intent to require the owner,
lessee, or occupant to maintain at all times all lawn areas within
the Town Center in accordance with this article.
It shall be the duty of any owner, lessee or occupant of any
such lot of land in the Town Center to cut and remove or cause to
be cut and removed all such weeds, grass or other vegetation, including
poisonous or harmful vegetation, as often as may be necessary to comply
with the provisions of this article, provided that cutting and removing
such weeds, grass and vegetation at least once in every two weeks
between May 15 and October 15 shall be deemed to be compliance with
this chapter.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Town Board of the Town of Milton hereby declares that it would
have passed this article or the remainder thereof had such invalid
application or invalid provision been apparent.
This article shall take effect immediately upon filing in the
office of the New York Secretary of State.