Every owner, lessee, occupant and other person having charge of any building or lot of ground in the Village of Valatie, New York, fronting or abutting upon any sidewalk in said Village shall, within 12 hours after the cessation of every fall of snow or the formation of any ice on the sidewalk abutting said building or lot of ground, remove or cause said snow or ice to be removed or cleared entirely from said sidewalk abutting said building or lot of ground; provided, however, that the time between the hours of 7:00 p.m. and 7:00 a.m. shall not be included in the above period of 12 hours, and also provided that, in case the snow or ice on any sidewalk abutting said building or lot of ground shall be frozen so hard that it cannot practically be removed, the owner, lessee, occupant or other person or persons having charge thereof shall, within the time and places hereinabove specified, cover or cause said abutting sidewalk to be covered and strewn with sand or some similar material and shall, as soon thereafter as the weather will permit, thoroughly clean said sidewalk and remove said ice and snow therefrom. A building or lot of ground shall be deemed to front upon any sidewalk which is located upon public land situated between a public highway or right-of-way and such building or lot of ground.
[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 2-9-1971 (Ch. 110 of the 1980 Code). Amendments noted where applicable.]
[Amended 4-22-1980 by L.L. No. 1-1980]
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.
[Amended 4-17-2007 by L.L. No. 1-2007; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In case the sidewalk abutting or fronting on any building or lot of ground as aforesaid shall not be cleared or cleaned of snow or ice or covered with sand or some suitable material as herein provided, before the expiration of the time above limited for cleaning or covering the same, then and in that event the Village may forthwith proceed to so clean or cover said sidewalk either itself or by a contractor as provided by this chapter, and the cost or expense of doing said work on the sidewalk abutting or fronting on any building or lot of ground shall be ascertained, and a report thereof shall be forthwith filed in the office of the Clerk of said Village. In addition to the costs of cleaning or covering, the Village will assess an administrative fee in an amount as established by resolution of the Board of Trustees that shall be charged in addition to the cost of cleaning and covering. This administrative fee will be assessed for each occasion that the sidewalk is cleared or covered by the Village or by a contractor.
[Amended 4-17-2007 by L.L. No. 1-2007]
The cost of said work, plus any administrative costs added pursuant to § 282-3, as the same shall appear from the report on file in the said Village Clerk's office, may be sued for by said Village and recovered from said owner, lessee, tenant, occupant or other person having charge of any said building or lot of ground and shall be a lien upon the premises abutting said sidewalk or sidewalks so reported to have been cleaned or covered as aforesaid. If said cost is not paid on or before the first day of March next following, the Board of Trustees shall levy the amount thereof as a part of the tax to be collected upon the premises against which said cost shall be a lien as aforesaid. The same shall be included within the completed tax roll and collected as part of the taxes against said premises.