[Adopted 2-3-1994 by L.L. No. 1-1994]
The purpose of this Article shall be to preserve
the public peace and good order in the village, to contribute to the
public welfare, safety and good order of its people and to contribute
to the safe conveyance of its people over the streets and sidewalks
of the village by establishing certain regulations for the removal
of snow and ice from the streets and sidewalks of the village that
are consistent with the rights and privileges of other residents of
the village. It is further noted that certain snow removal practices
are a vexation and annoyance not only to the traveling public but
to the owners and occupants of adjoining lands. It is for these reasons
and others that the Board of Trustees of the Village of Elmira Heights
is compelled to legislate upon the subject matter.
It shall be the duty of the owner and occupant,
jointly, of every parcel of real estate adjoining a public sidewalk,
whether the parcel of real estate is occupied by a structure or not,
to keep such sidewalks adjoining such property free from snow and
ice for the full paved width of such sidewalk.
Snow and ice shall be removed within 24 hours
after the end of a snowfall. Sidewalks in front of commercial establishments
and commercial parking lots shall be kept free of snow and ice at
all times.
In case snow and ice on any sidewalk shall be
frozen so hard that it cannot be removed without injury to the sidewalk,
it shall, within the time specified in § 195-24, be strewn
and kept strewn with ashes, sand, sawdust or other suitable material
so as to be no longer dangerous to life and limb. As soon as practical
thereafter, the sidewalk shall be completely cleared of snow, ice
and other materials strewn thereon as provided in this Article.
Whenever the owner or occupant of every parcel
of real estate adjoining a public sidewalk fails to remove the snow
and ice from such sidewalk adjoining such property within the time
specified in this Article or within four hours after notice of the
Superintendent of Public Works of the Village of Elmira Heights to
remove the same, it shall be the duty of the Superintendent of Public
Works to remove said snow or ice from such sidewalk and notify the
Village Clerk of the expense incurred by the amount of labor, equipment
and materials used.
The Village Clerk shall promptly present to
the owner or occupant of each parcel a bill for the removal of snow
and ice as certified by the Superintendent of Public Works. If not
paid within 30 days, the cost thereof shall be assessed against the
property and become a lien thereon, collectible in the same manner
as delinquent village taxes.
The owners or occupants of buildings adjacent
to public sidewalks shall prevent the falling of snow, ice or water
from such building upon said public sidewalks.
No person, firm or corporation shall deposit,
throw, place or strew nor shall any person, firm or corporation cause
to be deposited, thrown, placed or strewn any snow or ice upon any
street, avenue or roadway within the Village of Elmira Heights.
A.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any street, avenue
or roadway within the Village of Elmira Heights or from one street,
avenue or roadway onto any other street, avenue or roadway within
the Village of Elmira Heights.
B.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any terrace or
parcel of land within six feet of any street, avenue or roadway in
such a manner as to cause the height of the snow and ice so piled,
gathered, plowed or forced to exceed three feet six inches in height
above the existing natural grade of said terrace or parcel of land
within six feet of said street, except that it shall be unlawful to
cover a fire hydrant with snow or ice.
C.
No person, firm, corporation, property owner or occupant
shall remove snow or ice from any parcel of real estate and place
it upon another parcel of real estate without the express permission
of the owner of the parcel of real estate upon which the snow or ice
is to be placed.
D.
Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway or to an excess height as indicated in Subsection B shall forthwith remove the same at his or her or its expense upon the request of the Superintendent of Public Works of the Village of Elmira Heights.
E.
Whenever any person, firm or corporation neglects
or refuses to remove any snow or ice piled, gathered or plowed up
by him or her or it in violation of this section four hours after
a request to do so by the Superintendent of Public Works of the Village
of Elmira Heights, it shall be the duty of the Superintendent of Public
Works to remove said snow or ice from such street or terrace and notify
the Village Clerk of the expense incurred by the amount of labor,
equipment and materials used.
F.
The Village Clerk shall promptly present to the violator of this section a bill for the removal of snow and ice as provided for in Subsection E as certified by the Superintendent of Public Works. If not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent village taxes.
