[HISTORY: Adopted by the Town Board of the Town of Bedford: Art.
I, 2-4-1992. Amendments noted where applicable.]
[Adopted 2-4-1992]
It is the intent and purpose of this Article to protect the health,
safety and welfare of pedestrians on sidewalks and streets and of motorists
using town streets.
As used in this Article, the following terms shall have the meanings
indicated:
That portion of a town street that is no more than three (3) feet
from a curb or edge of the paved surface of such street.
The owners and/or occupant of premises abutting and/or bordering on paved sidewalks along town streets shall remove all ice and/or snow from the sidewalks in RO, PB-O, PB-O(K), PB-R, NB, CB, RB, and LI Districts, as the same are defined in Chapter 125 of the Town Code, or in the case of ice which may be so frozen to same, to be thoroughly covered with sand, within twelve (12) hours after the same shall fall or be formed thereon.
No owner or occupant of any premises abutting on any town street shall
throw, place or deposit any snow or ice into or upon any such street, with
the exception that the same may be deposited in the gutter, as the same is
defined herein, only in the event that there is no facility to deposit the
same on the premises.
A.
The failure of an owner or occupant of a premises to
remove snow and/or ice from the paved sidewalks or the failure to cover ice
thereon with sand, in accordance with this Article, within twelve (12) hours
after such owner or occupant shall have been served with a copy of a notice
to comply with the provisions of this Article, shall constitute a violation
as same is defined in § 10.00 of the Penal Law.
B.
Service of the copy of the notice to comply in accordance
with this Article may be made by personal service or made by substituted service
by leaving a copy of the same at the premises. Service of a copy of a notice
to comply and an appearance ticket, pursuant to this Article, shall be made
by the Building Inspector and Assistant Building Inspector.
A.
Any person being found guilty of a violation of this
Article shall be subject to a fine not to exceed two hundred fifty dollars
($250.) or imprisonment not to exceed fifteen (15) days, or both.
B.
In addition, upon the failure of an owner or occupant
to comply with this Article, after having been duly served with a copy of
a notice to comply in accordance herewith, the Superintendent of Highways
shall cause the same to be done and shall charge such expense as hereinafter
set forth. Upon the completion of the cleaning under the direction of the
Superintendent of Highways of snow and ice from sidewalks, the premises in
front of which such work shall have been done (irrespective of the street)
the building, structures or other improvements may front on) shall be subject
to a charge to be fixed and determined by the Superintendent of Highways with
the approval of the Town Board. During the month of May in each year, the
Superintendent of Highways shall make a list of all such charges and file
the same in his office and give public notice of such filing by publication
in the official paper [two (2) insertions] that said list has been made and
filed and that for ten (10) days from the date of the publication of said
notice said list may be examined by any person interested therein and that
upon a day and hour stated in such notice, and at least ten (10) days after
the publication thereof, he will attend at his office to hear any objections
to said list and pass upon all objections and, if need be, alter and correct
said list. After said hearing and making the necessary corrections, if any,
he shall attach thereto his certificate that such hearing has been had and
that such list is now complete and file the same with the Receiver of Taxes,
whereupon the Receiver of Taxes shall mail to each owner of real property
included in such list whose name and address he is able to ascertain a statement
of the amount of charges against his property. Upon the filing of said list
with the Receiver of Taxes, the several sums mentioned in said list shall
be deemed to be assessed against the property as a lien, and the Receiver
of Taxes shall, when extending the next general tax upon the town assessment
roll, place unpaid amounts thereon as against the property of the person named
in said list, and such amounts shall be collected at the same time, in the
same manner and by the same proceedings as other taxes on said roll. The failure
to mail any statement or failure of the addressee to receive the same shall
not in any manner affect the validity of the lien or the penalties imposed
by law with respect thereto.
Each day after a person has been served with a copy of a notice to comply,
in accordance with this Article, and fails to comply with the provisions of
this Article shall constitute a separate offense.
Should any paragraph, section or portion of this Article be declared
by a court of competent jurisdiction to be invalid or unlawful, the same shall
not affect the remainder of this Article as a whole or any part thereof other
than the part so declared to be invalid.
This Article shall take effect immediately.
