[Adopted 1-20-1988 by L.L. No. 1-1988 (Ch. 37D of the 1972 Code)]
This article shall be known and may be cited
as the "Sidewalk Maintenance Local Law of the Town of New Windsor."
The owner of premises abutting on any street
where a sidewalk has been laid (hereinafter in this article referred
to as the "owner" and "occupant") shall keep the sidewalk in front
of such premises free and clear from slippery snow, ice, dirt and
other substances, such as materials and obstructions, and shall, within
12 hours after the snow ceases to fall or other slippery condition
occurs or after the deposit of any dirt or other materials or obstructions
upon such sidewalk, remove the snow, ice, dirt and other materials
and/or obstructions from such sidewalk. This section is applicable
to all premises regardless of whether said premises is occupied by
a structure or not.
In case the snow and ice on the sidewalk shall
be frozen so hard that it cannot be removed without injury to the
pavement of such sidewalk, such owner may, within the time specified
in the preceding section, cause such sidewalk to be strewn with sand
or similar suitable material and shall thoroughly clean such sidewalks
as soon thereafter as the weather shall permit. In no event may the
owner or his agent use salt or any other substance that will cause
damage and/or deterioration to the sidewalk.
No owner or occupant or other person shall place,
keep, permit or suffer to be placed or kept on any sidewalk in front
of, adjoining or adjacent to such premises any goods, wares, merchandise,
boxes, barrels, display signs or material things of any kind or description,
nor shall he in any manner obstruct any such sidewalk or in any manner
obstruct or interfere with the use of any such sidewalk. Nothing contained
in this article shall prevent such persons from placing foods, wares
or merchandise on the sidewalk temporarily while loading or unloading
the same, provided that it be done without unnecessary delay, and
provided that such goods, wares or merchandise are not allowed or
permitted to remain on such sidewalks within the prohibited area for
a period longer than one hour.
Upon failure of such owner or occupant to comply with the provisions of § 252-2 and/or 252-3 of this article, the Highway Superintendent may cause such snow, ice, dirt or other materials and obstructions to be removed or covered with suitable material and shall, in such event, forthwith file a report of the cost or expenses thereof with the Town Clerk. Said cost and expense, as the same shall appeal from said report, shall be a lien upon the premises abutting said sidewalk so reported to have been cleaned or covered as aforesaid until paid, as provided in § 252-10.
The Town Board may, from time to time, by order,
require the repair of sidewalks along streets, roads, highways and
parkways in the Town and, with the consent of the County Superintendent
of Highways or the State Commissioner of Transportation, as the case
may be, abutting on a county or state highway, at the expense of the
abutting owners or otherwise, upon such notice and pursuant to the
authority of the requirements of § 130, Subdivision 4, and
§ 200-a of the Town Law of the State of New York.
All sidewalks constructed along any privately
owned street, highway or parkway of a new development shall be subject
to these regulations and comply in all respects with the regulations
covering Town roads. Failure to comply with these regulations shall
constitute sufficient cause for the Town to reject any dedication
of such a street.
A.
Whenever the Town Board adopts an order directing
the abutting owners of the respective lots or parcels of land in front
of which it is desired that sidewalks be relaid or repaired in accordance
with this article, the Town Board shall specify the place, manner
and time within which the repair shall be completed, which time shall
not be less than 30 days from the adoption of the Town Board's order.
B.
The Town Clerk shall publish a notice of the Town Board's orders pursuant to Subsection A of this section in the official newspaper at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work, or the Clerk may serve a copy of the notice by certified mail within five days of adoption of order upon the owner or owners and by first class mail upon the occupant or occupants of the land in front of which it is desired that such repair shall be done.
A.
Whenever a notice to repair a sidewalk pursuant to
an order of the Town Board has been served upon an owner of a lot
or parcel of land in front of which it is desired that sidewalks be
relaid or repaired and the owner shall not cause the repair to be
made to the sidewalk or curb as required by the notice, the Highway
Superintendent is hereby authorized and directed to cause the repair
to be made as required by notice.
B.
The Highway Superintendent is hereby authorized to
perform such work or repair with his own forces or cause a contract
to be let therefor and to pay for the work out of the funds to be
appropriated by the Town Board for such purposes.
A.
The Town shall be reimbursed for the cost of relaying
or repairing any sidewalk when made by the Highway Superintendent
pursuant to this article by the owner of the respective lot or parcel
of land in front of which the repair was made, by assessment upon
and collection from the lot or parcel of land termed benefited by
the repair; so much of the actual and complete cost upon and from
each lot as shall be in just proportion to the amount of the benefit
which the improvement shall confer upon the property, as determined
by the Town Board, and collected in the same manner and at the same
time as other special assessment and ad valorem Town charges.
B.
Whenever expenditures are made by the Town for repairing
sidewalks or removing from sidewalks ice, snow or other accumulations
thereon, which under this article are assessable upon the land affected
or improved thereby, the Board shall serve a notice of at least 10
days upon the owner or owners of such property, stating that such
expenditure has been made, its purpose and amount and that at a specified
time and place it will meet to make an assessment of the expenditures
upon such land. The Board shall meet at the time and place in such
notice specified. It shall hear and determine all objections that
may be made to such assessment, including the amount thereof, and
shall assess upon the land the amount which it may deem just and reasonable,
not exceeding, in case of default, the amount stated in the notice.
All the provisions of law relating to the enforcement and collection
of unpaid taxes and assessments, not inconsistent herewith, shall
apply to the collection of such unpaid cost or expense. In addition
to the levy of the assessment, an action to recover the amount may
be maintained by the Town against the owner or occupant liable therefor.
No sidewalk shall be constructed or permitted
to be constructed or repaired along any street, road, highway or parkway
in the Town unless such construction shall conform to the following
specifications:
A.
All sidewalks shall be constructed with a minimum
of four inches of portland cement [Concrete Sidewalk Standard, New
York State Department of Transportation Specifications Item 608.1
(January 3, 1978, as amended)].
C.
The width shall be the same as existing or as ordered
by the Town Engineer or by the Town Board.
The requirements of this article shall be in
addition to the permit required for street openings and shall be in
addition to any permit required for any excavation or curb cut permit
if any is required.
Any person committing an offense against the
provisions of this article shall be guilty of a violation 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 continuation of
an offense against the provisions of this article shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
No sidewalk shall be constructed, repaired or
work thereon commenced until the owner of the premises in front of
which the sidewalk is to be constructed or repaired or the authorized
agent of the owner shall have obtained a permit therefor. Applications
for the permit required by this section shall be made in writing to
the Town Engineer in such form as may be required by the Town Board.
No permit required by this section shall be issued without the approval
of the Town Engineer, endorsed on the application therefor, unless
so directed by resolution of the Town Board.
Whenever a sidewalk repair is made by contract let therefor by the Town Board, the provisions of § 252-14 shall not apply to the contractor for the work.
A permit issued pursuant to § 252-14 shall specify the lines of grades of the sidewalk to be constructed or repaired and such other directions as the circumstances may require and shall be in form satisfactory to the Town Engineer.
Each applicant for a permit required by § 252-14 must file an insurance policy or certificate with the Town Engineer insuring the Town in the sum of $1,000,000 for personal injury and $50,000 for property damages.
