[Amended 5-10-1999 by L.L. No. 2-1999; 12-11-2006 by L.L. No.
4-2006]
A.
Duty of property owner and occupant. 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.
B.
Time limit. Snow and ice shall be removed within 24
hours after the end of a snowfall. 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.
C.
Severe icing. In cases where 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 B, be strewn and kept strewn with environmentally safe, snow/ice melt, sand or other suitable material, so as to be no longer dangerous to life and limb. As soon as practicable thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this section.
D.
Removal by Village. Whenever the owner or occupant
of a 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 section or within 24 hours after notice
by the Superintendent of Public Works to remove same, it shall be
the duty of the Superintendent of Public Works to remove said snow
and ice from such sidewalk and notify the Village Clerk of the expense
incurred by the amount of labor, equipment and materials used. The
charge shall be a flat fee of $50 for each incident.
E.
Collection of costs for removal by Village. The Village
Clerk shall promptly present to the owner or occupant of each parcel
a bill in the amount of $50 for each incident 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, added to its tax bill and become a lien thereon, collectible
in the same manner as delinquent Village taxes.
F.
Snow, ice and water falling from buildings. 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.
G.
Placing of snow and ice on another's property. 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 and ice is to be
placed.
H.
Penalties for offenses. Any person, firm or corporation
who or which shall violate any subsection of this section shall, upon
conviction thereof, be subject to a fine of no less than $50 for each
offense. Each day that a violation continues shall be considered a
separate offense.
[Amended 3-9-2015 by L.L.
No. 1-2015]
A.
All owners and occupants of lots abutting on any of the streets in
Cuba Village, New York, are hereby required to keep the sidewalks
in front of such premises in a safe condition for public travel and
to repair and remedy all defects therein. Any person violating this
section shall be liable to any and all damages sustained by any person
or persons by reason of their failure to comply with the provisions
of this section. In addition to any penalty provided, the Superintendent
of Public Works may cause any such sidewalk not in safe condition
for public travel to be repaired after notice, in writing, has been
served upon the owner or occupant of said premises requiring the same
to be repaired within no more than 30 days from the time said notice
is so served, and in case of failure to comply, said Superintendent
of Public Works may make such repairs and charge the cost of the same
to the owner of such property, the amount to be collected from said
property owner by and in the name of said Cuba Village, New York.
[Amended 10-8-2018 by L.L. No. 5-2018]
B.
The Village assumes no liability for personal injury or property damage claims arising as a result of defects and/or disrepair of public sidewalks. Liability for personal injury and/or property claims, settlements, verdicts, awards or judgments shall lie exclusively with the owner of the parcel of real property adjoining said sidewalk and/or occupants as tenants or otherwise if applicable. The undertaking of the Village to take corrective or remedial action upon default of the owner shall not relieve the owner of any responsibilities imposed by this article or Article II of this chapter, which prescribed rules and regulations for snow and ice removal from sidewalks. The failure or omission by the Village to undertake to provide services shall not create any liability attributable to the Village. With respect to any dangerous conditions for which the Village may be liable, it shall be entitled to receive the notice of defects required in accordance with Article I Chapter 5. Any duty on the part of the Village pursuant to this article is a general duty of the Village. No person is authorized to create, imply, assume or infer a special duty by the Village.
C.
Exceptions. The provisions of this section shall not apply to any
sidewalks which have been damaged by the Village-owned trees, within
Village of Cuba rights-of-way.
[Added 2-10-1997; amended 3-14-2011 by L.L. No. 1-2011; 3-9-2015 by L.L. No. 2-2015]
A.
The standards adopted by the Board of Trustees are:
(1)
Adjacent slabs of sidewalk: will mirror the Americans With Disabilities
Act[1] (ADA), which specifies a difference of no more than 1/4
inch with a one-half-inch difference being allowed if the higher edge
has a one-quarter-inch bevel.
[Amended 10-8-2018 by L.L. No. 6-2018]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2)
A sidewalk is judged deficient if, in the judgment of certain
Village officials, the deteriorated condition of the sidewalk poses
a potential hazard to pedestrians. Sidewalk replacement and new construction
must comply with Local Law No. 9-1997, Specifications for sidewalk
construction in Cuba Village.[2]
D.
Official(s) will walk the above areas (as many quadrants/areas as
possible annually) and identify all sidewalks requiring repairs per
adopted established standards.
E.
Individual files for each property identified as requiring repairs
will be created noting the date of inspection, a sketch or photo showing
defects existing, and any other related information.
[Amended 10-8-2018 by L.L. No. 7-2018]
[Amended 8-11-2022 by L.L. No. 1-2022]
All owners and occupants of lots abutting on
any streets in Cuba Village, New York, are hereby required to cut
and remove, at least once each month during the growing season, all
brush, noxious weeds, long grass in excess of eight inches in height
and other rank growths between the sidewalk in front of or along the
side of said premises and the center of the street or streets bordering
on said premises. If any property owner shall fail to cut and remove
any such brush, noxious weeds, long grass or any other rank growth,
as above provided, the same shall be cut and removed by the Superintendent
of Public Works of said Cuba Village and the expense thereof assessed
upon the lands whereon the same are found.
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense shall constitute, for each day the offense is continued,
a separate and distinct violation.
