[Amended 11-9-2017 by L.L. No. 10-2017]
The Town Board finds that it is impracticable for the Town to
clear and maintain sidewalks within the Town, and that the cost of
providing such a service would be an undue burden to the public. The
Town Board further finds that it is in the public interest for sidewalks
to be kept cleared and maintained during all seasons of the year,
and that it is reasonable to impose a burden on landowners, directly
or indirectly, to bear the cost of clearing and maintaining sidewalks
on or adjacent to their property.
[Amended 9-3-2014 by L.L.
No. 6-2014; 11-9-2017 by L.L. No. 10-2017]
As used in this article, the following terms
shall have the meanings indicated:
BUSINESS LANDOWNERS
Owners of real property who are persons (including corporations, companies, partnerships and trusts) engaged in conducting business on that real property, including such business activities as retail business, restaurant and apartment houses containing in excess of three dwelling units, as such terms are defined in Chapter
167.
BUSINESS OPERATORS
Persons (including corporations, companies, partnerships
and trusts) engaged in conducting business on real property, including
such business activities as retail business, restaurant and apartment
houses, who do not own the land upon which the business is operated.
HOMEOWNER
A person who owns and occupies a dwelling unit, or a person
who owns a structure containing one to three dwelling units, whether
or not occupied by that person, another individual (e.g., a tenant),
or a combination of the two.
SIDEWALK
That portion of a street between the curb lines or the lateral
lines of a roadway and the adjacent property lines intended for the
use of pedestrians (New York State Vehicle and Traffic Law, Title
1, Article 1, Section 144). Includes paved (e.g., concrete or asphalt)
ways used or intended to be used by pedestrians. Said term shall not
include ways located on private property which are not used or intended
to be used by the general public, such as walkways between two private
buildings or walkways leading from a residence to a paved way used
or intended to be used by pedestrians.
SHARED-USE PATHS
A concrete or asphalt bikeway, trail, path, pathway multi-use trail or linear park physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Pedestrians, skaters, wheelchair users, joggers and other nonmotorized users may also use shared-use paths. Furthermore, a shared-use path or trail meeting the statutory definition of a sidewalk is considered a sidewalk for the purpose of the notice provisions of §
139-2.
[Amended 11-9-2017 by L.L. No. 10-2017; 4-5-2021 by L.L. No. 1-2021; 12-19-2022 by L.L. No. 1-2023]
All homeowners and business landowners of real property and all business operators within the Town shall maintain all sidewalks located on or adjacent to the parcel or parcels of real property upon which their home or business is located by keeping all sidewalks free of debris, snow or ice, or other obstructions or substances, and in an otherwise safe condition. In the case of snow and ice accumulation, all homeowners and business owners shall remove the snow and ice from all sidewalks within 48 hours after each storm, shall keep the sidewalks clear of snow and ice, and if necessary, keep the sidewalks safe by sanding and/or salting. When removing snow or ice from a sidewalk or property adjoining a public street, no person shall cause the snow or ice to be placed in the public street. The portion of the sidewalk required to be kept free from snow and ice is the portion thereof which is paved, if any, and if no portion thereof is paved, a space at least four feet in width. A storm ceasing after 7:00 p.m. shall be considered as ceasing at 7:00 a.m. the following morning. The provisions of this §
139-9 shall not apply to homeowners located within the boundary lines of a homeowners' association as described in §
139-10. All business landowners of property containing sidewalks within the Town of Malta shall also maintain said sidewalks by keeping such sidewalks tree from defects, such as cracks, gaps, holes, protrusions or raised sections. within a reasonable time after such defect has developed, said time not to exceed four weeks.
[Amended 11-9-2017 by L.L. No. 10-2017; 4-5-2021 by L.L. No. 1-2021; 12-19-2022 by L.L. No. 1-2023]
All homeowners' associations having duties with respect to real
property located within the Town of Malta shall maintain all sidewalks
located within the boundary lines of the homeowners' association (including
both common areas and real property owned by its members) by keeping
all sidewalks free of debris, snow or ice, or other obstructions or
substances, and in an otherwise safe condition. In the case of snow
and ice accumulation, all homeowners' associations shall remove the
snow and ice from all sidewalks within 48 hours after each storm,
shall keep the sidewalks clear of snow and ice, and if necessary,
keep the sidewalks safe by sanding and/or salting. When removing snow
or ice from a sidewalk or property adjoining a public street, no person
shall cause the snow or ice to be placed in the public street. The
portion of the sidewalk required to be kept free from snow and ice
is the portion thereof which is paved, if any, and if no portion thereof
is paved, a space at least four feet in width. A storm ceasing after
7:00 p.m. shall be considered as ceasing at 7:00 a.m. the following
morning. All such homeowners' associations shall also maintain such
sidewalks by keeping them free from defects, such as cracks, gaps,
holes, protrusions or raised sections, within a reasonable time after
such defect has developed, said time not to exceed four weeks. The
duties of homeowners' associations set forth in this chapter may not
be delegated to members of such homeowners' associations. All other
language in this chapter notwithstanding, homeowners' associations
within Luther Forest PDD are not responsible for the maintenance of
the shared-use path parallel to Dunning Street.
No person may park any portion of any motor
vehicle on any sidewalk at any time, including sidewalks adjacent
to Town, state and county streets, roads or highways.
[Added 12-19-2022 by L.L. No. 1-2023]
A. Where there has been a failure to comply with the requirements of §
139-9 or
139-10, the Code Enforcement Officer or his or her designee may, in his or her discretion, cause said sidewalk to be cleaned of snow and/or ice, the cost of which shall be charged to the owner of the property adjacent thereto, and, if unpaid within the time prescribed, shall be added to the tax bill assessing said property, which shall be and remain a lien against the property upon or adjacent to which the work is done and collected by the Town from the owner of such property in the same manner as taxes are collected. The Town may institute an action at law against such owner, owners or occupants to recover the cost thereof, which remedy shall be in addition to the right to assess the cost as a lien against the property.
B. No costs
assessed herein shall be added to the tax bill nor shall any legal
action be instituted by the Town to recover such costs until the owner(s)
or occupant(s) to be charged have been afforded an opportunity to
be heard at a hearing convened by the Code Enforcement Officer or
his/her designee(s) in accordance with rules promulgated by the Town
to effectuate the same. A defense to an action instituted by the Town
as herein provided shall be the physical impairment of the owner or
occupant.
[Amended 12-19-2022 by L.L. No. 1-2023]
A. Violation of §
139-9 or
139-10 shall be punishable by a fine or fines as follows: (Note: In the case of a homeowners' association, a $50 fine shall be assessed for each home's sidewalk contained therein found to not be in compliance, plus $10 per lot per each day of continuing noncompliance. The court may reduce the fines to the homeowners' association upon a finding that the homeowners' association has made satisfactory provision to ensure that no further violations shall occur.)
(1) For a first violation: $100, plus $50 for each day of continuing
noncompliance following the snow/ice event.
(2) For a second violation within the same calendar year of the first
violation: $200, plus $50 for each day of continuing noncompliance
following the snow/ice event.
(3) For a third violation within the same calendar year of the first
violation: $300, plus $50 for each day of continuing noncompliance
following the snow/ice event.
(4) Each subsequent violation within the same calendar year of the first
violation shall result in a fine of $300, plus $50 for each day of
continuing noncompliance following the snow/ice event.
B. Any fine(s) shall be in addition to any other provisions
for enforcement contained in this chapter, other chapters, the Americans
with Disabilities Act, the Property Maintenance Code of the State
of New York, and any other pertinent legal means.
C. If any fine made for violation of this article is
not be paid within the time set by the Court, the Court Clerk shall
notify the Town in writing of the same, and the unpaid fine shall
be made a lien against the property owned by the violating party on
which, or adjacent to which, the violation occurred and, if the fine
remains unpaid, it shall be transmitted to the county to be relevied
in the manner of an unpaid tax, except that, should the violator be
a homeowners' association, the lien shall apply to all real property
owned by the homeowners' association within the Town.
D. This article may be enforced by the Code Enforcement
Officer of the Town of Malta, the Town Highway Superintendent, or
any peace officer.