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.
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.
[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.
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.
[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.