[Adopted 2-4-1942 as Art. 3 of Ch.
5 of the General Ordinances]
[Amended 11-17-1948; 8-16-1961 by Ord. No. 11-1961]
Every owner, lessee, occupant and other person
having charge of any building or lot of ground fronting or abutting
upon a sidewalk, including any unpaved area used as a sidewalk or
walkway, on any public street or public place in the City of Rye shall,
within 24 hours after the cessation of every fall of snow or the formation
of any ice on the sidewalk in front of or adjacent to said building
or lot of ground, remove or cause the said snow or ice to be removed
or cleared entirely from the said sidewalk; provided that in case
the snow or ice on any sidewalk in front of or adjacent to said building
or lot of ground shall be frozen so hard that it cannot practically
be removed, the owner, lessee, occupant or other person having charge
thereof shall, within the time hereinabove specified, cover and strew
the said sidewalk or cause it to be covered and strewn with sifted
ashes, sand or some other similar material and shall, as soon thereafter
as weather will permit, thoroughly clean said sidewalk and remove
the said ice and snow therefrom.
A.
In addition to any penalty that may be imposed for any violation of § 167-47 hereof, if the sidewalk in front of or adjacent to any building or lot of ground as aforesaid shall not be cleaned of snow or ice or covered with ashes, sand or some other similar material before the expiration of the time hereinabove specified for cleaning or covering the same, then and in that event the City may proceed to so clean or cover the said sidewalk as provided in § 167-47 hereof, and the cost or expense of doing said work shall be ascertained and a report thereof shall be forthwith filed in the office of the Clerk of said City.
B.
Cost of
work a lien on premises. The cost of said work, as the same shall
appear from the report on file in said City Clerk's office, may be
sued for and recovered from said owner, lessee, occupant or other
person having charge of said building or lot of ground by the City
and shall be a lien upon premises abutting said sidewalk so reported
to have been cleaned or covered as aforesaid. If the said cost is
not paid on or before the first day of April next following, the amount
thereof shall be levied as part of the tax to be collected upon the
premises against which said cost shall be a lien as aforesaid. The
same shall be included within the completed tax roll and collected
as part of the taxes against the said premises.
C.
Penalties. Any person violating any provision of § 167-47 hereof shall, upon conviction thereof, be liable to a fine for each offense of not less than $50 nor more than $100. Each day such violation is permitted to continue shall constitute a separate offense. The provisions of this section shall be inapplicable to snow deposited on the sidewalk by the City in the course of plowing streets.
[1]
Editor's Note: This local law also provided that it would
take effect 3-1-2011.
The owner of any building or lot shall keep
or cause to be kept the sidewalk abutting upon said building or lot
free from obstructions and nuisances of every kind and shall sweep
and remove or cause to be swept or removed therefrom all garbage,
refuse, filth, dirt and other offensive material and shall keep such
sidewalk free from garbage, refuse, filth, dirt or other offensive
material.
[Added 10-21-1964 by Ord. No. 14-1964; amended 6-18-1980 by Ord. No. 3-1980; 12-18-1991 by L.L. No. 22-1991; 1-22-1997 by L.L. No. 2-1997]
A.
It shall be the duty of the Department of Public Works
to require the owner of property abutting upon a street to repair
or replace any sidewalk in front thereof that is required to be repaired
or replaced. Where the owner of such property shall fail to neglect
to repair or replace such sidewalk for five days after notice to do
so has been served upon the owner, either personally or by mailing
the same to the name of the last known owner thereof as the same appears
on the assessment roll of the City of Rye for the last calendar year,
the Department of Public Works shall repair or replace such sidewalk,
and a statement for 100% of the cost incurred thereby shall be served
upon the owner, either personally or by mailing the same to the name
of the last known owner thereof as the same appears on said assessment
roll. If the owner of the property shall fail to pay the same within
15 days after demand, the City Assessor shall, in the preparation
of the next assessment roll, assess such amount upon such property,
and the same shall be levied, collected and enforced in the same manner
as taxes upon said property for City purposes are levied, collected
and enforced.
B.
In the event that personal injury or property damage shall result from the failure of any owner or other responsible person to comply with the provisions of this section and § 167-47 above, the owner and such other person shall be liable to all persons injured, or whose property is damaged directly or indirectly thereby, and shall be liable to the City to the extent that said City is required by law or by any court to respond in damages to any injured party.
