[The purpose of this article shall be to preserve the public
peace and good order in the Village of Rhinebeck and to contribute
to the public welfare, safety and good order of its people and to
contribute to the safe conveyance of its people over the streets and
sidewalks of the Village by establishing certain regulations for the
repair and maintenance of sidewalks and the removal of snow and ice
from the streets and sidewalks of the Village that are consistent
with the rights and privileges of other residents of the Village.]
A.
It shall be the duty of all owners of real property, improved or
unimproved, within the corporate limits of the Village of Rhinebeck
which abuts sidewalks or having sidewalks thereon to maintain, repair
and keep the same in a reasonably safe condition to allow the general
public to travel thereupon without danger to their person or property.
B.
The owner of any real property in the Village, which is improved by or adjacent to a public sidewalk or walkway shall be exclusively liable, severally or jointly, as the case may be, for any and all injury or damage to person or property caused by reason of the omission or failure to keep and maintain said sidewalk or walkway in good condition for the safe and suitable use for pedestrian travel in accordance with the provisions of the Subsection A.
C.
For purposes of this chapter, the maintenance and repair of sidewalks
does not include removal of a sidewalk and any removal of a sidewalk
is specifically prohibited.
Whenever the owner of a parcel of real property adjoining a
public sidewalk fails to maintain, repair and keep the same in a reasonably
safe condition to allow the general public to travel thereupon without
danger to their person or property, the Village of Rhinebeck reserves
the right, after written notice to the owner, to repair said sidewalk
and notify the Village Clerk of the expense incurred by the amount
of labor, equipment and materials used in said repair.
The Village Clerk shall promptly notify the owner of each affected
parcel of the cost of the repair in writing by certified mail, return
receipt requested, which cost shall be certified by the foreman of
the Highway Department of the Village and approved by the Mayor or
a Village Trustee. If the cost of said repair is not paid within 90
days after notification, the cost thereof shall be assessed against
the property in question and added to the parcel's tax bill and
shall become a lien thereon, collectible in the same manner as delinquent
Village taxes.
Any individual(s) or entity violating the foregoing § 98-1A shall be guilty of a violation and shall be subject upon conviction to a fine not exceeding $250 and a sentence of imprisonment not to exceed five days in jail for each such violation. Each week's continued violation shall constitute a separate additional violation.
A.
Duty
of owners and occupants. It shall be the duty of the owner or occupant
of any real property in the Village, which is improved by or adjacent
to a public sidewalk or walkway or, if the owner is not in possession,
then the owner and the occupant in possession of any such premises,
whether such premises are occupied by a structure or not, to keep
such sidewalk or walkway reasonably free from snow and ice for the
full width thereof.
B.
The owner of any real property in the Village, which is improved by or adjacent to a public sidewalk or walkway or, if the owner is not in possession, then the owner and the occupant in possession of any such premises, shall be exclusively liable, severally or jointly, as the case may be, for any and all injury or damage to person or property caused by reason of the omission or failure to keep and maintain said sidewalk or walkway in good condition for the safe and suitable use for pedestrian travel in accordance with the provisions of Subsection A of this section and § 98-6 following.
Snow and ice shall be removed within 24 hours after the end
of a snowfall. In addition, sidewalks in front of commercial establishments
and commercial parking lots shall be kept free from snow and ice at
all times between the hours of 9:00 a.m. and 5:00 p.m.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 98-6, be strewn and kept strewn with ashes, salt, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as reasonably possible thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this article.
Whenever the owner or occupant of a parcel of real property
adjoining a public sidewalk fails to remove the snow and ice from
such sidewalk adjoining such parcel within the time specified in this
article or within four hours after notice by the Village of Rhinebeck
to remove same, the Village reserves the right to remove said snow
or ice from such sidewalk and notify the Village Clerk of the expense
incurred by the amount of labor, equipment and materials used in said
removal.
The Village Clerk shall promptly notify the owner or occupant
of each affected parcel of the cost of removal of snow and ice in
writing by certified mail, return receipt requested, which cost shall
be certified by the foreman of the Highway Department of the Village
and approved by the Mayor or a Village Trustee. If the cost of said
removal is not paid within ninety (90) days after notification, the
cost thereof shall be assessed against the property in question and
added to the parcel's tax bill and shall become a lien thereon,
collectible in the same manner as delinquent Village taxes.
The owners or occupants of buildings adjacent to public sidewalks
and walkways shall take reasonably adequate measures to protect the
public from the falling of snow, ice or water from such buildings
upon those sidewalks.
No individual or entity of any kind shall deposit, throw, place
or strew, nor shall any individual or entity cause to be deposited,
thrown, placed or strewn, any snow or ice upon any street, avenue
or roadway within the Village of Rhinebeck.
Any individual(s) or entity violating the foregoing §§ 98-5, 98-6, 98-10 or 98-11 shall be guilty of a violation and will be subject upon conviction to a fine not exceeding $250 and a sentence of imprisonment not to exceed five days in jail for each such violation. Each week's continued violation shall constitute a separate additional violation.
