[Adopted 4-27-1982 by L.L. No. 3-1982]
The Town Board may from time to time by resolution require the construction
or repair of sidewalks or curbs along streets, roads, highways and parkways
in the Town of Niagara, as well as the construction of sidewalks along state
highways within the Town of Niagara and the repair of sidewalks constructed
by the state along state highways in the Town of Niagara at the expense of
the abutting owners or otherwise upon such notice and pursuant to the authority
of the requirements of § 130, Subdivision 4, and § 200-a
of the Town Law of the State of New York, as amended.
A.
It shall be the duty of all owners, occupants or persons
charged with control of stores, shops and other commercial premises, including
parking areas adjacent thereto, in the Town of Niagara to keep and maintain
the sidewalks adjacent thereto and such parking areas free and clean of all
paper, debris and other refuse of any nature whatsoever, and it shall be unlawful
for any person to sweep into the gutters any paper, debris and refuse of any
nature whatsoever, and it shall be the duty of all such owners, occupants
or persons to provide, keep and maintain adequate receptacles for the deposit
of paper and refuse and debris of a similar nature by customers, patrons and
employees of the aforesaid shops, stores and other commercial enterprises.
B.
It shall be unlawful for any person to deposit, drop,
throw or otherwise dispose of paper, debris and refuse of any nature whatsoever
upon the sidewalks, street, parking areas or other public places in the Town
of Niagara.
No sidewalk, curb or gutter shall be constructed or permitted to be constructed or repaired along any street, road or highway or parkway in the Town of Niagara, unless such construction shall be by the Town Engineer and in conformity with all of the specifications and requirements established by rules and regulations of the Town Board and Chapter 135, Development Specifications, of the Code of the Town of Niagara.
All sidewalks, curbs, gutters or driveways constructed on any privately
owned streets, highways or parkways of a new development shall be subject
to these regulations and comply in all respects with the regulations covering
streets, the titles of which are vested in the town. Failure to comply with
these regulations shall constitute sufficient cause for the town to reject
any proffered dedication of such streets or withhold the issuance of a building
permit.
No sidewalk, curb or gutter shall be constructed or repaired, or work
thereon commenced, until the owner of the premises in front of which sidewalk,
curb or gutter is to be constructed or repaired, or the authorized agent of
the owner, shall have obtained a permit therefor. Applications for such permit
shall be made in writing to the Town Superintendent of Highways in such form
as my be required by the Town Board. No permit shall be issued without the
approval of the Town Superintendent of Highways endorsed thereon, unless so
directed by resolution of the Town Board. Such permit shall specify the lines
or grades of such sidewalk, curb or gutter and such other direction as circumstances
may require. The permit here required to be issued by the Town Superintendent
of Highways shall be in addition to the permit required pursuant to regulations
for street openings or obstructions, if any.
Each applicant must file an insurance policy or certificate with the
Superintendent of Highways insuring the Town of Niagara in the sum of $100,000/$300,000
for personal liability and $50,000 for property damage.
The applicant must file a performance bond with the Superintendent of
Highways in at least the amount of the job to be performed under the permit.
Except as otherwise provided by law, or where permits as above are granted
for work done at the direction of the Town Superintendent of Highways, each
application for such permits shall be accompanied by a fee as set forth from
time to time by resolution of the Town Board for each installation to be paid
to the town. The fee and permit herein required shall be in addition to permits
required, if any, for any excavation, road opening and curb cut.
A.
Whenever the Town Board adopts an order or orders directing
the abutting owners of the respective lots or parcels of land in front of
which it is desired that sidewalks or curbs be built, relaid or repaired to
construct the same in accordance with this article, the Town Board shall specify
the place, manner and time within which such construction or repair shall
be done, which time shall not be less than 20 days from the date of such order.
B.
The Town Clerk shall publish a notice thereof in a paper
to be designated by the Town Board at least twice; the first publication of
which shall be at least 15 days before the time specified before the completion
of the work, and he or she shall serve a copy of such notice by registered
mail upon the owner or owners, as shown by records of the Town Assessor, of
the land in front of which it is desired that such construction or repair
shall be done.
Whenever a notice or notices referred to in § 212-12 of this article has been or have served upon such owner or owners of the respective lots or parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired, and such owner or owners shall not cause the construction or repair to be made to the sidewalk or curb as required by the notice, the Superintendent of Highways is hereby authorized and directed to cause the construction and repair to be made as required by notice. The Superintendent of Highways is hereby authorized to perform such work or repair with his or her own forces or cause a contract or contracts to be let therefor and to pay therefor out of the funds to be appropriated by the Town Board for such purposes.
A.
Whenever the owner or owners shall build, relay or repair the sidewalks or curb called for by said notice, he or she shall obtain a permit therefor as provided in § 212-2 of this article. If the location where the construction or repair is to be made shall be upon a state highway, where the sidewalks or curbs have been constructed by the state, the permit shall be obtained from the Highway Division of the State Department of Public Works in accordance with the rules and regulations of that Department.
B.
The Superintendent of Highways may require such bonds
or deposits and issue such permit subject to such terms and conditions as
he or she may consider necessary for the protection of the town property.
Whenever such construction or repair is made by contract let therefor, under the provisions of § 212-2 of this article, the provisions of this article, in respect to obtaining a permit and the powers of the Superintendent of Highways on the issuance of a permit, shall apply to the contractor for such work.
The town shall be reimbursed for the cost of building, relaying or repairing any sidewalk or curb, when made as provided in § 212-13 of this article, by the owner or owners or the respective lots and parcels of land in front of which such construction or repair was made, by assessment and collection from the lots or parcels of land termed benefited by such construction or repair, so much of the actual and complete cost upon and from each such lot or lots as shall be in just proportion to the amount of benefit which the improvements shall confer upon the same and collected in the same manner and at the time as other ad valorem town charges.
[Amended 12-18-2001 by L.L. No. 2-2001]
A.
Clearing of sidewalks in commercial and residential districts.
(1)
In case of snowfall, sleet or ice storms, all sidewalks
and similar paved areas used for public pedestrian traffic fronting in any
commercially zoned district shall be maintained free of snow and ice. A minimum
width of 48 inches shall be maintained clear and unobstructed. The pedestrian
areas must be maintained as above within four hours after the storm subsides;
however, if the storm subsides between the hours of 9:00 p.m. and 5:00 a.m.,
the deadline for compliance shall be extended to 9:00 a.m. following this
time period.
(2)
In residentially zoned districts of the Town, the pedestrian
areas must be maintained as provided above and within 10 hours after the storm
subsides. If any property owner allows such condition to exist, he/she shall
be guilty of a municipal infraction and a warning for the first violation
shall be issued.
B.
In cases where, in the judgment of the Superintendent of Highways, a condition constitutes an immediate and imminent danger to life, health, or safety of pedestrians or the traveling public, or by virtue of noncompliance with Subsection A, then the Superintendent or other authorized Town personnel or agent may clear snow and ice from a sidewalk or similar paved area, by orally advising the occupant of the property that the sidewalk shall be immediately cleared, by Town personnel.
C.
In the event that the owner or occupant of the structure does not comply, as provided in Subsections A and B above, the Town shall cause the sidewalk or paved area to be made safe; and the cost thereof shall assessed against the owner. In the event that the cost of such work is not paid within 30 days following billing, the Town shall cause the cost to be assessed the property pursuant to law.
No person, firm, association or corporation who is the owner, occupant
or lessee of any premises abutting on any street, road, highway or parkway
in the unincorporated area of the Town of Niagara, Niagara County, New York
shall place, keep, permit or suffer to be placed or kept on any sidewalk in
front of, adjoining or adjacent to such premises any goods, wares, merchandise,
boxes, barrels, display signs or material things of any kind or description,
or in any manner obstruct any such sidewalk, or in any manner obstruct or
interfere with the use of any such sidewalk, but nothing contained in this
article shall prevent persons from placing goods, wares, merchandise or household
furniture on the sidewalk temporarily while loading or unloading the same,
provided that it be done without unnecessary delay and provided that such
goods, wares or merchandise are not allowed or permitted to remain on such
sidewalk within the prohibited area for a longer period than one hour.
Newspaper vending machines may be placed adjacent to sidewalks in a
manner as to not obstruct or block such sidewalks. They may not be placed
between the sidewalk and a right-of-way.
Retail merchants may, after applying to the Superintendent of Highways
for a permit, conduct outdoor sales of merchandise adjacent to a right-of-way
or sidewalk on the following conditions:
A.
Retail merchants shall obtain a permit for such outdoor
sale which shall be issued by the Superintendent of Highways, after payment
of a public fee as set forth from time to time by resolution of the Town Board
for each day that said outdoor sale is to be conducted.
[Amended 5-19-1998 by L.L. No. 3-1998]
B.
In no event shall a merchant conduct an outdoor sale
for more than three consecutive days or a total of six days per month.
C.
Merchandise at outdoor sales shall be situated so as
to allow pedestrians to freely move on sidewalks at least three abreast. No
merchandise shall be placed on any city, town or state right-of-way or in
a manner which obstructs vehicular or pedestrian traffic, nor shall merchandise
be placed in a manner which blocks an entrance or exit to any structure or
obstructs the vision of any vehicles on any public road or on any private
driveway which connects with a public road.
[Amended 5-19-1998 by L.L. No. 3-1998]
In addition to other remedies provided by law, each violation of provisions
of this article shall subject the owner, general agent, contractor, tenant,
occupant or any other person causing the violation or in charge of the property
abutting upon the sidewalk or curbing where any violation has been committed
to a fine or penalty of not more than $250 and/or 15 days in jail, for each
such offense. Each day that a violation remains in existence shall be deemed
and constituted as a separate and distinct offense hereunder.
[Added 12-18-2001 by L.L. No. 2-2001]
In addition to or in the alternative to the foregoing, the Town Superintendent
of Sanitation or Highway or the Town Police Department or any other authorized
person may, in his/her discretion, impose a civil penalty for violation of
any provision of article or upon the failure of any firm, person, or corporation
to comply with article in accordance with the following schedule and procedure:
A.
Each alleged violator shall be given written notice of the violation and the appropriate section of article; the Superintendent may issue a warning in his or her discretion, unless the condition constitutes an imminent danger as set forth in § 212-17B.
B.
A fine of $10 per occurrence for a violation of § 212-17 or any provision relating to a residential dwelling or lot.
C.
A fine of $50 per occurrence for any violation relating
to a commercial or industrial structure or lot, or $2 per lineal foot of sidewalk,
whichever is greater.
D.
The alleged violator shall be given 10 days from the
date of notice to pay such civil penalty or contest the same. In the event
that the alleged violator contests the same, he shall be given a hearing before
the Superintendent of Highways or his designee and be notified of the time
and place of the same. The Superintendent or his designee shall make a decision
within five days of such hearing, in writing, and shall notify the alleged
violator of the decision, which shall be the final decision of the Town.
E.
All civil penalties not paid shall be collected in accordance
with law, and imposed and assessed on properties pursuant to § 130
of the Town Law.
