Village of Island Park, NY Article II Removal of Snow, Ice and Debris

[Adopted by Ord. No. 11; amended 2-19-1948]

§ 510-3 Duty to remove snow and ice.

It shall be the duty of every owner, lessee, occupant or the agent thereof of any one-family dwelling and of every owner or agent thereof of any other building and of every owner or person entitled to possession or the agent thereof of any vacant lot or lots and of every person having charge of any church, school or other public building in the Village of Island Park during the winter season and during the time the snow shall continue on the ground to keep the sidewalks in front of or adjacent to such house, building, lot or lots free from obstruction by snow or ice.

§ 510-4 Time frame for clearing.

No such person shall cause, suffer or allow any snow or ice to collect and remain on any sidewalk fronting on or adjacent to such house, building lot or lots, so as to impede, obstruct or render difficult or dangerous public travel upon such sidewalk later than 10:00 a.m. following the day the same shall have fallen or collected thereon, but in no event later than 24 hours after the same shall have fallen or collected thereon, or for more than two hours after being notified by an officer of said Village or a duly delegated agent thereof.

§ 510-5 Duty to maintain sidewalks.

[Amended 12-22-2016 by L.L. No. 19-2016]

A. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.

B. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk.

C. Notwithstanding any other provision of law, the Village shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks in a reasonably safe condition. This subsection shall not be construed to apply to the liability of the Village as a property owner pursuant to Subsection B of this section.

D. Nothing in this section shall in any way affect the provisions of this article or of any other law or rule governing this matter in which an action or proceeding against the Village is commenced, including any provisions requiring prior notice to the Village of defective conditions.[1]

[1] Editor's Note: See Ch. 362, Notification of Defects.

§ 510-6 Removal by Village.

If the provisions of the foregoing sections or of any of them are not complied with within the time prescribed therein, the Board of Trustees, or its agent, may cause such snow, ice, dirt, filth, weeds or any other obstruction to be removed from said sidewalks, and the actual cost of such removal and other costs incidental to such removal shall be certified by the Village Clerk to the Board of Trustees, and the amount so certified shall thereto be assessed and levied on such land, and the same shall be collected and enforced in the same manner as taxes.

§ 510-7 Penalties for offenses.

[Amended 2-14-2018 by L.L. No. 1-2018]

A. Failure to comply with a violation order, within the time limit stated therein, shall constitute an offense. A person convicted of an offense shall be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both. Each and every week of any such continued failure to comply with a violation order, after such time limit, may constitute a separate offense for which the aforesaid penalties may be cumulatively imposed. Notwithstanding the foregoing, punishment by imprisonment under this subsection shall not exceed one year, regardless of the number of offenses.

B. The penalties heretofore prescribed shall not be imposed upon a person who by operation of law acquires premises containing violations for which a violation order has been issued, for a period of one month after the date of such acquisition of the premises. Nevertheless, the penalties provided shall attach and apply, either upon the expiration date of such one-month period or upon transfer of title to the premises before the expiration of such period, whichever first occurs.

C. The act of the Board of Trustees in assessing and levying the costs of removal against the land adjacent to such sidewalk, pursuant to § 510-6, may be in addition to and in conjunction with the penalty prescribed by this § 510-7, and shall not bar or prevent further action under this section.