Definitions; maintenance of sidewalk areas;
snow and ice removal.
A. Definitions. For the purposes of this chapter, the
following terms shall have the meanings indicated:
SIDEWALK AREA
All the area as lies between the face of the curb, or if
there is no curb, then that line where the paved roadway ends and
where the curb would lie if the same existed, and the property line
of the adjacent real property and shall include the curb, sidewalk,
whether paved or otherwise, apron and any grass strip, trees, shrubbery
or other vegetation and any other real property so located, whether
improved or unimproved.
B. Duties of the adjacent owner and occupant. The owner
and the occupant of any real property shall keep the adjacent sidewalk
area in good and safe repair and free from defects, weeds, litter,
rubbish, garbage and obstructions of every kind.
C. Cutting and trimming grass, hedges and shrubbery.
The owner and the occupant of any adjacent real property shall cut
the grass within the sidewalk area to a maximum height of four inches.
All hedges and other shrubbery within said area shall be kept trimmed
at all times so as not to obstruct the free use of the public right-of-way.
D. Snow and ice removal. The owner and the occupant of
any real property shall, within 12 hours after the snow ceases to
fall, remove the snow from the paved public walkway adjacent to such
real property and keep the same free from snow and ice. Should the
snow be frozen so hard that it cannot be removed without damage to
the pavement, the owner and the occupant shall keep the same covered
with ashes, sand or other materials so as to enable persons to walk
thereon with safety.
E. Responsibilities of the owner and occupant in regard
to a portion of the public roadway. In addition to the responsibilities
described above, the owner and the occupant of real property shall
also keep the area adjacent to the sidewalk area up to a distance
of 18 inches distant into the public roadway from the face of the
curb, or the curbline as previously described, free from weeds, litter,
rubbish and garbage of every kind. Any such weeds, litter, rubbish
or garbage shall be properly disposed of pursuant to the requirements
of this Code.
F. Basketball stanchions, backboards and underground
sprinkler systems. No basketball stanchions, backboards or underground
sprinkler system shall be permitted within the sidewalk area.
G. Grass portions of sidewalk area in any residence zone.
No grass portion of the sidewalk area shall be covered by brick, blacktop,
stone or any other materials.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §
116-1 of this article, the owner and the occupant shall be liable to all persons injured or whose property is damaged directly or indirectly thereby and shall be liable to the Village of Hempstead to the extent that said Village is required by law or by any court to respond in damages to any injured party.
[Amended 6-15-2010 by L.L. No. 16-2010; 4-19-2011 by L.L. No.
3-2011]
A. Removal by Village. If the owner or occupant of any
real property shall fail to comply with any of the provisions of this
article, within five business days after being notified by personal
service or by certified mail, return receipt requested, and regular
first-class mail to the last known address of the property owner,
the Village may cause the same to be done, and the expense thereby
incurred shall be a lien upon the real property affected, and the
amount so assessed and levied shall be collected in the same manner
as other taxes.
No person shall pass, leave or cause or permit to be placed or left upon any street or sidewalk area any boxes, papers, goods, wares, merchandise, show stands, dirt, sweepings, litter, garbage or refuse of any kind or character whatsoever, unless the same shall be placed for collection in accordance with the provisions of Chapter
74, Article
II, of this Code.
No goods, wares or merchandise shall be stored,
displayed, offered for sale or sold upon any sidewalk area, fire passageway,
exterior lobby, vestibule or similar area, nor shall any such area
be otherwise encumbered.
No person shall sell or offer to sell any goods,
wares, merchandise or services from premises adjacent to any sidewalk
area to persons standing upon any such sidewalk area, nor shall any
stands, booths or racks for the sale of goods, wares, merchandise
or services be placed upon any sidewalk area.
The Mayor may direct that certain streets shall
be closed to traffic during the making of repairs or otherwise upon
such terms and conditions as the Mayor shall direct, and such streets
shall be suitably marked with signs indicating such closing.