[HISTORY: Adopted by the Town Board of the Town of Milton
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 132.
[Adopted 12-16-2015 by L.L. No. 2-2015[1]]
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.
A.
In the event that a property owner or occupant fails to maintain said sidewalks as required in § 162-1, hereof (except in regard to snow and ice as provided in Subsection C below), the Code Enforcement Officer shall serve a notice of such failure and/or violation in the following manner:
(1)
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in said property as shown by the records of the Town of Milton Tax
Collector or the Saratoga County Clerk or, if no such person can reasonably
be found, by mailing such owner, by registered mail, a copy of such
notice directed to his/her last known address as shown by the above
records; and
(2)
By personal service of a copy of such notice upon any adult person
residing in or occupying said premises if such person can be reasonably
found; and
(3)
By securely affixing a copy of such notice upon any residence or
other structure located on the property.
B.
The notice shall contain the following:
(1)
A description of the condition of the property needing correction;
(2)
An order outlining the manner in which the property is to be made
compliant with this section;
(3)
A statement that the correction of the sidewalk condition shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time
shall be extended by the Code Enforcement Officer;
(4)
A statement that in the event of neglect, refusal or failure to comply
with the order:
(a)
The Town of Miton is authorized to direct a private contractor
previously approved by the Town Board to correct the prohibited condition;
and
(b)
The total cost thereof shall be assessed against the real property
on which said sidewalk is located and shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged, to be collected in the same manner and at
the same time as other Town of Milton taxes and/or charges.
C.
In the case of snow and ice, no such sixty-day notice is required
and if, within 24 hours after the cessation of every fall of snow
or the formation of any ice, the owner or occupant of any premises
shall fail to clear such sidewalk of snow and ice, he/she shall be
in violation of this section unless such time period be extended by
the Code Enforcement Officer or the Town of Milton, in writing, by
reason of the fact that such ice is too thick to be removed within
such twenty-four-hour period, in which event such snow or ice must
be removed within such reasonable time as determined, in writing,
by the Code Enforcement Officer.
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[1]]
As used in this article, the following terms shall have the
meanings indicated:
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.
A.
If the provisions of the foregoing sections are not complied with,
the Highway Superintendent and/or the Building Inspector or other
authorized Town representative shall serve written notice, either
personally or by certified mail or by any other method of service
as provided for in the Civil Practice Law and Rules, upon the owner,
lessee or occupant or any person having the care or control of any
such lot or land, to comply with the provisions of this chapter.
B.
If the person upon whom the notice is served fails, neglects or refuses
to cut and remove or to cause to be cut and removed such weeds, grass
or other vegetation within five days after receipt of such notice,
or if no person can be found in the Town of Milton who either is or
claims to be the owner of such lot or land or who either represented
or claims to represent such owner, the Town shall cause such weeds,
grass or other vegetation on such lot or land to be cut and removed,
and the actual cost of such cutting and removal and other additional
costs in connection therewith shall be certified by the Town representative
to the Town Clerk and shall thereupon become and be a lien upon the
property on which such weeds, grass and other vegetation were located
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lot or land and shall bear interest
at the same rate as taxes and shall be collected and enforced by the
same officer and in the same manner as taxes.
A.
Any person who shall neglect to cut and remove weeds, grass or other
vegetation as directed in this chapter or who shall fail, neglect
or refuse to comply with the provisions of any notice herein provided
or who shall violate any of the provisions of this article or shall
resist or obstruct the Town thereof shall be subject to a fine of
not more than $500 for the first offense, $750 for the second offense,
and $1,000 for the third or any subsequent offenses; and each day
on which such violation continues shall constitute a separate distinct
offense subject to a separate fine for each day in violation, with
no further or additional notices or written violations needed to be
served.
B.
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.
C.
The Town reserves the right, but shall not be obligated to do so,
to mow, cut or clear the brush, grass or other vegetation covered
under this article and within the Town Center District, for the purpose
of making it in compliance with this article in the interest of the
public safety and welfare. 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.
This article shall take effect immediately upon filing in the
office of the New York Secretary of State.
