[Adopted 8-2-2022 by L.L. No. 6-2022]
It is the legislative intent of the Town Board of the Town of Blooming Grove to establish a local law that would properly govern the maintenance and cleaning of all sidewalks within the Town. The Town Board finds and declares it to be in the public's interest to regulate the proper maintenance and cleaning of all sidewalks for the protection of health, safety and welfare of the public and to prevent a public nuisance or public health hazards. The Town Board further finds and declares that all sidewalks that are in the unincorporated areas of the Town are to be owned by the property owners in which the sidewalks exist.
A. 
The Town has determined by inspection of existing surveys and site plans that all sidewalks that exist, as of the adoption of this article, that are located in the unincorporated areas of the Town are owned by the property owner in which they are laid. The Town relies on property owners who own all sidewalks within the unincorporated areas of the Town to maintain the sidewalk adjacent to/on their properties, including, but not limited to, repairs and removal of snow, ice, or debris. Property owners are responsible for installing, repairing and maintaining sidewalks adjoining/on their properties.
B. 
After the enactment of this article, the owner and occupant of premises abutting on any street where a sidewalk has been laid are hereby required to keep the sidewalk in front of said premises free and clear from snow, ice, dirt and other obstruction, and to maintain them in good repair.
Such cleaning must take place within 12 hours from the time the snow, ice, dirt or other obstruction falls or is placed upon such sidewalk. When the ice or snow cannot be so removed by reason of physical conditions, it shall be covered or sprinkled with sand or other suitable material.
In the event of the failure of the owner and occupant of said premises to clean said sidewalk and remove the snow, ice, dirt or other obstruction therefrom within the time above provided for, the Town Board may remove the same and charge the expense thereof to the owners of such premises. Said charge shall become a lien upon the premises benefited thereby until paid and, in addition thereto, the owner and occupant of said premises shall be personally liable for the payment thereof.
A. 
Any person who shall refuse or neglect to comply with any provision of this article shall be guilty of a violation. Each and every violation of this article shall be punishable by a fine not to exceed $75. Each day's continued violation shall constitute a separate violation.
B. 
In addition to all other remedies provided for herein, the Board may also enforce obedience to this article by injunction or by any other remedy available to it by virtue of the judicial process.
The Building Inspector and/or Code Enforcement Officer serving the Town of Blooming Grove shall have the authority to issue appearance tickets for violations of this article.
This article supersedes, and is in derogation of, § 204-8 of the Code of the Town of Blooming Grove, County of Orange, State of New York.
This article shall take effect immediately when it is filed in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
No statement in this article shall be construed to interfere with any additional requirements that may be imposed by any federal, state or local authority having jurisdiction.
This article is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.