[Adopted 10-20-1994 by L.L. No. 1-1994; amended in its entirety; 1-19-2001 by L.L. No. 2-2001]
[Added 2-17-2005 by L.L. No. 7-2005]
Any owner of a vehicle that is parked on a Town highway or road in violation of this article will also be subject to prosecution for such violation. A violation of this article is an offense punishable by a fine not to exceed $50. This fine shall be separate from, and in addition to, any charges and expenses imposed by the Town to remove a vehicle that is parked on a town highway or road in violation of this article.
Every owner or occupant of a house, building or lot of land in the Town of Amenia, and every agent of such owner who owns real estate in but does not reside in the Town of Amenia, and every person having charge of any unoccupied house, building or lot of land in the Town of Amenia shall at all times remove or cause to be removed any snow and ice from the sidewalk abutting such property, and said owner, occupant, agent or person in charge shall also treat the sidewalks abutting such property with ashes, sand or other material in such manner as to reasonably enable a person to walk thereon with safety.
Every owner or occupant of a house, building or lot of land in the Town of Amenia, and every agent of such owner who owns real estate in but does not reside in the Town of Amenia, and every person having charge of any unoccupied house, building or lot of land in the Town of Amenia shall remove and treat the snow and ice on the entire sidewalk abutting their properties within eight hours after the cessation of a snow, ice, hail, sleet or similar storm causing an accumulation of snow or ice between the hours of 8:00 a.m. and 8:00 p.m. or, if such storm ceases between the hours of 8:00 p.m. in the evening and 8:00 a.m., then within 10 hours after the expiration of such period.
It shall be unlawful for any person to plow, pile, throw, place, or deposit or to in any other way force any snow or ice upon or across any public street, road or highway in the Town of Amenia, except that whenever the paved portion of the sidewalk extends to the curb, the owner of the abutting property, his employees or agents may throw, place or deposit in the public street, road or highway adjacent thereto, the snow from the sidewalk area only.
Upon the failure of the owner, occupant, agent or person in charge to remove or treat snow and ice on the entire sidewalk abutting property in the Town of Amenia within the time limitations as are set forth in § 101-14, the Town Superintendent of Highways may, if he or she has available the necessary help and equipment, remove and treat the snow and ice from such sidewalk.
Nothing in this article shall require the Town Superintendent of Highways to remove or treat snow and ice on the sidewalks of property not owned by the Town, and any such act as provided for in this section shall be entirely according to his or her judgment, which shall be final. The removal or treatment of snow or ice by the Town Superintendent of Highways or his or her employees or his or her failure to do so shall not impose any liability upon the Town.
It shall be the duty of the owner, occupant, agent or person in charge of a house, building or lot of land in the Town of Amenia adjacent to which there is a fire hydrant to remove snow and ice from around the hydrant for a distance of two feet and between the sidewalk or the curb and to keep the fire hydrant free from snow and ice throughout the winter, within the same time limitations as are set forth in § 101-14.
In the event that the Town Superintendent of Highways removes or treats the snow and ice on a sidewalk in front of a house, building, or lot of land in the Town of Amenia pursuant to § 101-16A of this article, the owner of such house, building, or lot of land shall be charged a fee by the Town for such removal of the snow and ice from the sidewalk. Such fees may be imposed on an owner for costs incurred by the Town for labor and hauling charges and any other miscellaneous services as may be appropriate as is in the estimation of the Highway Department and the Town Board.
The Building Inspector of the Town of Amenia is authorized to enforce this article. On each occasion that the Town removes or treats snow and ice on a sidewalk in the Town of Amenia pursuant to this article, the Building Inspector shall send to the owner or occupant of such property a statement identifying the charges to be imposed, together with a notice to appear in the Town Court of the Town of Amenia on a specified date and time to be heard regarding the charge to be imposed and to assert any objections thereto.
The notice required by this section shall be deemed sufficient if delivered to the owner or occupant in person or by certified mail to the property postal address or to the last known address of the owner appearing on the most recent tax rolls of the Town of Amenia.
In the event the owner or occupant is found liable by the court for the charge, or fails to appear on the date and time specified in the notice, and fails to pay the charge due within 10 days thereafter, the charge shall be a lien upon the premises abutting the sidewalk and shall be imposed on the owner of such house, building or lot by adding such charge to the owner's land taxes annually.
The collection of this charge shall not preclude the Town of Amenia from pursuing any other civil or criminal remedies which may be available to enforce a violation of this article.
Any person, corporation, partnership, club, or association which violates this article will be deemed to be a civil violator and will be fined not less than $50 nor more than $100 for each and every violation. Each day of continued violation shall constitute a separate offense. This penalty is in addition to any charges imposed by the Town pursuant to § 101-18 of this article.