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.
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.
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.