[Amended by L.L. No. 10-1999]
As used in this article, the following definitions
will apply:
A parcel of real property shall be deemed to abut a sidewalk
which is located on an adjoining state, county or Village right-of-way,
notwithstanding that the property line does not cross or touch the
sidewalk.
Shall refer to any person who has lawfully entered upon and
is in the possession of real property as a tenant, manager, person
having charge of any building or any use thereof, or who has an interest
in the land which he possesses.
Shall refer to any person having legal interest in real property.
Shall refer to any person making use of a sidewalk for foot
passage.
Shall refer to an individual, partnership, association, corporation,
executor, administrator, trustee, guardian, receiver or other person
having a legal interest in real property.
Shall refer to a walkway along the margin of a street or
highway designed and prepared for the use of pedestrians, to the exclusion
of motor vehicles.
A.
The owner or occupant of any real property, whether
vacant or improved by any buildings, abutting any sidewalk in the
Village of New Paltz shall keep such sidewalk free and clear of snow
and ice at all times.
B.
Within 24 hours after cessation of every fall of snow
or the formation of any ice on the sidewalk abutting the premises,
the owner or occupant shall remove or cause the same to be removed
or cleared entirely from the said sidewalk to a minimum width of 30
inches. If the snow or ice shall be frozen so hard that it cannot
practicably be removed, the owner or occupant shall, within the time
above specified, cause the sidewalk to be covered and strewn with
salt, ashes, sand or other dissolving or disintegrating material and
shall, as soon thereafter as the weather will permit, thoroughly clean
the sidewalk and remove the ice and snow therefrom.
C.
Where a sidewalk has not been set aside along the margin of a street or highway adjoining that portion of business or commercial premises used for access and parking, including but not limited to individual stores, shopping centers and gasoline service stations, the owner or occupant shall clear a path at least 30 inches in width throughout the length of the premises free from snow and ice for use by pedestrians as a walkway in compliance with the provisions of Subsections A and B of this section.
D.
The owner or occupant of any real property, whether
vacant or improved by any buildings, in front of which or adjacent
to which property there is a fire hydrant, shall cause snow to be
removed for a distance of 30 inches around the hydrant and between
the hydrant and the street and to keep the fire hydrant and access
to the street free from snow throughout the winter.
E.
The owner or occupant of any real property, whether
vacant or improved by any buildings, located at an intersection of
two streets shall clear a path at the intersection at least 30 inches
in width through any piles or accumulation of snow or ice on the sidewalk
or street so as to enable pedestrian access from the sidewalk at the
corner to the cleared portion of the roadway.
F.
If snow or ice shall remain on a sidewalk and/or around
a fire hydrant for more than 24 hours after the cessation of snowfall
or the formation of ice, the Village may provide for the removal thereof
at the expense of the owner or occupant of the abutting premises.
The charge to be collected for the removal of snow or ice from a sidewalk
or for covering the sidewalk with salt, ashes, sand, or other dissolving
or disintegrating material shall be at the rate set annually by resolution
of the Board of Trustees (administrative fee) plus an amount set annually
by resolution of the Board of Trustees per linear foot for the length
of the sidewalk cleared or treated by the Village on each such occasion.
The charge to be collected for the removal of snow or ice from around
a fire hydrant and between the hydrant and the street shall be at
the rate set annually by resolution of the Board of Trustees (administrative
fee) plus a charge set annually by resolution of the Board of Trustees
per fire hydrant.
[Amended 7-23-2008 by L.L. No. 5-2008; 10-22-2014 by L.L. No.
13-2014]
A.
The Building Inspector of the Village of New Paltz
is authorized to enforce this article by sending a statement to the
owner or occupant of the premises cleared or treated by the Village
on each such occasion together with a notice to appear in the Town
Court of the Town of New Paltz on a date and time specified in the
notice to be given the opportunity to be heard regarding the charge
to be imposed and to assert any objections thereto.
B.
A notice shall be deemed sufficient if delivered to
the owner or occupant in person or by certified mail to the property
postal address and, if different, to the last known address of the
owner appearing on the most recent tax rolls of the Village.
C.
In the event the owner or occupant is found liable
by the Court for the charge or fails to appear on the date and time
specified in the notice and fails to pay the charge due within 10
days thereafter, the charge shall be a lien upon the premises abutting
the sidewalk and shall be collected by the Village Treasurer as an
assessment upon said premises on the real property tax statements
issued by the Village Treasurer on the tax collection date next following
as provided by law.
D.
The collection of this charge shall not preclude the
Village from pursuing any other civil or criminal remedies which may
be available to enforce the violation of this article.
