No person shall construct or cause or permit
to be constructed a curb or sidewalk unless the same shall be constructed
in accordance with the grade which shall have been obtained from the
Village Engineer.
All curbs and sidewalks shall be of concrete
and constructed pursuant to the street standards of the Village of
Fishkill.[1]
A.
The owner or occupant of every property shall pave,
keep and maintain the existing sidewalks adjoining his premises in
a safe, passable condition and the sidewalk free from snow, ice, dirt,
filth, weeds and other obstructions.
B.
The owner or owners and occupant or occupants of each
and every building and lot of ground in the Village shall, at all
times, keep the sidewalk in front of their respective properties in
repair at their own expense.
C.
Violations.
(1)
Any owner or occupant of premises who has been notified by the Village Code Enforcement Officer that the contiguous sidewalks are in violation of Subsection A or B hereof, except with regard to snow and ice, and who shall fail to correct the condition within 60 days of the sending of such notice to his last known address by mail, shall be in violation of this section. In addition to the penalties otherwise enforceable for general violation of Part 1 of this chapter, the Village may thereafter correct the prohibited condition and assess the cost thereof against the owner of the adjacent property. Such cost, if not paid, shall be assessable against the property as a tax thereon.
[Amended 5-24-2010 by L.L. No. 6-2010]
(2)
In the case of snow and ice, no such sixty-day notice
is required; and if, within 12 hours after the cessation of every
fall of snow or the formation of any ice, the owner or occupant of
any premises shall fail to clear such sidewalk of snow and ice, he
shall be in violation of this section. In addition, the Village may
clear such sidewalks of snow and ice if they are not cleared by the
owner or occupant within the said 12 hours and assess the cost thereof
against the owner of the adjacent property. Such cost, if not paid,
shall be assessable against the property as a tax thereon.
No person shall install, construct, place or
maintain, or permit to be installed, constructed, placed or maintained,
in the area between the curb and property line of premises adjoining
any street, parking field or parking field walk owned or occupied
by him any structure, masonry, stone, sprinkler pipes, sprinkler heads,
garbage receptacles or any similar devices or fixtures.
[Added 9-17-2012 by L.L. No. 11-2012[1]]
No person shall place, leave or deposit or cause
to be placed, left or deposited any litter, dirt, waste, garbage or
rubbish in or upon any street, highway, sidewalk, public place or
public lands lying within the Village. Every person owning or occupying
a place of business within the Village shall keep the sidewalk in
front of his or her premises free of litter. Without limitation on
the foregoing, every such person shall sweep or cause to be swept
and removed any litter on the sidewalk in front of his or her premises
twice each day that his or her premises is open for business.
[1]
Editor’s Note: This local law also repealed former §
135-12, Restrictions on use of sidewalks.