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.
A. Snow and ice shall be removed within 24 hours after
the end of the snowfall or within four hours after notice by the Commissioner
of Public Works. In addition, sidewalks in front of commercial establishments
and commercial parking lots shall be kept free of snow and ice at
all times between the hours of 9:00 a.m. and 5:00 p.m.
B. 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 Subsection
A, be strewn and kept strewn with ashes, sand, sawdust or other suitable material, so as not to be dangerous. As soon as is practicable thereafter. the sidewalk shall be completely cleared of snow and ice.
C. Where there has been a failure to comply with the
requirements of this section, the Commissioner of Public Works or
his designee may, in the Commissioner's discretion, cause the sidewalk
to be cleared of snow and ice. The city shall be reimbursed for the
cost of the work performed or services rendered as provided in this
section by assessment against and collection from the lots or parcels
of land where, or adjacent to where, such work was performed or services
rendered, for so much of the actual and complete cost as incurred
upon or adjacent to and from each lot or lots, and which, if unpaid
within the prescribed time period, and the property owner having had
an opportunity to be heard at a hearing convened by the Commissioner
of Public Works in accordance with rules promulgated by the Board
of Managers to effectuate same, shall remain a lien against such property
and be collected by the city from the owner of such property in the
same manner as taxes are collected. In no event shall such charge
be less than $50.
D. The owners or occupants of buildings adjacent to public
sidewalks shall take measures to protect the public from the falling
snow, ice, or water from such buildings.
E. No person, firm, corporation, property owner or occupant
shall remove snow or ice from any parcel of real estate and place,
throw or cause to be deposited such snow or ice upon any street, avenue
or roadway within the City of Cohoes, nor shall such snow or ice be
placed or caused to be deposited 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.
F. Any person or persons, firm or corporation violating any provisions of this §
244-14 shall be subject to a fine not to exceed $100 or a sentence of community service not to exceed 50 hours, or both. Such penalties may be in addition to any other remedies or actions that may be taken by the city, either as provided herein or as may otherwise be permitted by law. Each day that a violation continues may be charged as a separate offense.
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 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 City of Cohoes to
the extent that the City of Cohoes is required by law or by any court
to respond in damages to any injured party.