[Adopted 7-6-2010 by L.L.
No. 3-2010; amended in its entirety 10-3-2023 by L.L. No. 4-2023]
It is the intent and purpose of this article to protect the
health, safety and welfare of pedestrians on sidewalks and streets
and of motorists using streets within the Town by placing responsibility
for the maintenance of sidewalks upon property owners and occupants
of land containing or adjacent to sidewalks.
The owners and/or occupants of any real property, whether vacant or improved by any structure, containing, abutting and/or bordering on paved sidewalks along public and private streets shall remove all ice, snow, debris and/or other obstructions or substances from the sidewalks in the Town or, in the case of ice which may be so frozen to same, shall thoroughly cover same with salt, sand or like material within 24 hours after the cessation of every fall of snow or the formation of any ice thereon and shall otherwise maintain such sidewalk in a safe and proper condition. In the event a homeowners' association is established pursuant to Ch. 140 of the Town Subdivision of Land Law to maintain common areas, including sidewalks, within approved subdivisions, then the responsibilities established by this article shall rest with such homeowners' association.
No owner or occupant of any real property, whether vacant or
improved by any structure, abutting and/or bordering on any street
in the Town shall throw, place or deposit any snow or ice into or
upon any such street.
A.
The failure of an owner or occupant of any real property to remove
snow and/or ice from paved sidewalks or the failure to cover ice thereon
with salt, sand, or like material in accordance with this article
within 12 hours after such owner or occupant shall have been served
with a copy of a notice to comply with the provisions of this article
shall constitute a violation as same is defined in § 10.00
of the Penal Law.
B.
Service of a copy of the notice to comply in accordance with this
article may be made by personal service or may be made by substituted
service by leaving a copy of the same at the premises. Service of
a copy of a notice to comply and an appearance ticket, pursuant to
this article, shall be made by the Code Enforcement Officer and/or
Assistant Code Enforcement Officer.
A.
Any person being found guilty of a violation of this article shall
be subject to a fine not to exceed $250 or imprisonment not to exceed
15 days, or both.
B.
In addition, upon the failure of an owner or occupant to comply with
this article after having been duly served with a copy of a notice
to comply in accordance herewith, the Superintendent of Highways shall
cause the same to be done and shall charge such expense as hereinafter
set forth:
(1)
Upon the completion of the cleaning of snow and ice from sidewalks
under the direction of the Superintendent of Highways, the premises
in front of which such work shall have been done shall be subject
to a charge to be fixed and determined by the Superintendent of Highways
with the approval of the Town Board.
(2)
During the month of May in each year, the Superintendent of Highways
shall make a list of all such charges and file the same in his office
and give public notice of such filing by publication in the official
paper on two separate occasions that said list has been made and filed
and that for 10 days from the date of the publication of said notice
said list may be examined by any person interested therein and that
upon a day and hour stated in such notice, and at least 10 days after
the publication thereof, he will attend at his office to hear any
objections to said list and pass upon all objections and, if need
be, alter and correct said list.
(3)
After said hearing and making the necessary corrections, if any,
he shall attach thereto his certificate that such hearing has been
had and that such list is now complete and shall file the same with
the Receiver of Taxes, whereupon the Receiver of Taxes shall mail,
to each owner of real property included in such list whose name and
address he is able to ascertain, a statement of the amount of charges
against the property.
(4)
Upon the filing of said list with the Receiver of Taxes, the several
sums mentioned in said list shall be deemed to be assessed against
each of the properties as a lien, and the Receiver of Taxes shall,
when extending the next general tax upon the Town assessment roll,
place unpaid amounts thereon as against the property of the person
named in said list, and such amounts shall be collected at the same
time, in the same manner and by the same proceedings as other taxes
on said roll. The failure to mail any statement or failure of the
addressee to receive the same shall not in any manner affect the validity
of the lien or the penalties imposed by law with respect thereto.
Each day after a person has been served with a copy of a notice
to comply in accordance with this article and fails to comply with
the provisions of this article shall constitute a separate offense.
This article is hereby adopted pursuant to the provision of
§ 10 of the New York State Municipal Home Rule Law and § 10
of the New York State Statute of Local Governments. It is the intent
of the Town Board, pursuant to § 10 of the New York State
Municipal Home Rule Law, to supersede the provisions of Article 7
of the New York State Highway Law, including but not exclusive of
§§ 140 and 151 relating to the maintenance and repair
of sidewalks constructed by the state, county, or Town and the charges
therefor.
