[Adopted 2-23-1982 by L.L. No. 2-1982]
Editor's Note: This local law also repealed former Article II, Sidewalk Use, adopted 1-26-1950, as amended.
This article shall be known and may be cited as the "Sidewalk Ordinance of the Town of New Castle."
[Amended 8-13-2019 by L.L. No. 13-2019]
The owner and occupant of premises abutting on any street where a sidewalk has been laid (hereinafter in this article referred to as the "owner" and "occupant") shall keep the sidewalk in front of such premises free and clear from snow, ice, dirt and other materials and obstructions and shall, within six hours after the snow ceases to fall or after the deposit of any dirt or other materials and obstructions upon such sidewalk, remove the snow, ice, dirt and other materials and obstructions from such sidewalk; provided, however, that the time between the hours of 10:00 p.m. and 5:00 a.m. shall not be included in such six-hour period.
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement of such sidewalk, such owner or occupant may, within the time specified in the preceding section, cause such sidewalk to be strewn with sand or similar suitable material and shall thoroughly clean such sidewalk as soon thereafter as the weather shall permit.
[Amended 7-13-2004 by L.L. No. 6-2004]
No owner or occupant or other person 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 nor shall be in any manner obstruct any such sidewalk or in any manner obstruct or interfere with the use of any such sidewalk. Nothing contained in this article shall prevent such persons from placing foods, wares or merchandise 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 sidewalks within the prohibited area for a period longer than one hour. Nothing contained in this article shall prevent such persons from the placement of a sidewalk sign on a sidewalk, provided a sign permit is obtained and such sign is placed in accordance with the requirements in Chapter 60.
[Amended 8-13-2019 by L.L. No. 13-2019]
Upon failure of such owner or occupant to comply with the provisions of § 111-12 and/or § 111-13 of this article, the Commissioner of Public Works, the Building Inspector, the Town Police or their designees shall notify the owner or occupant of such violation and may cause such snow, ice, dirt or other materials and obstructions to be removed or covered with suitable material and shall, in such event, forthwith file a report of the cost or expenses thereof with the Town Clerk. The Town Clerk shall promptly present the owner or occupant with an invoice indicating the cost of labor for said coverage or removal. If the invoice is not paid within 30 days of receipt, said cost and expense, as the same shall appear from said report, shall be a lien upon the premises abutting said sidewalk so reported to have been cleaned or covered as aforesaid until paid, as provided in § 111-20.
The decision by the Commissioner of Public Works or his or her employees to remove or not to remove snow, ice, dirt or other materials shall not impose any liability upon the Town. Nothing in this article shall require the Commissioner of Public Works to remove snow, ice dirt, or other materials from any sidewalks. Any such act by the Commissioner of Public Works, as provided for in this section, shall be within the sole judgment of said Commissioner, which judgment shall be final.
The Town Board may, from time to time, by order, require the repair of sidewalks along streets, roads, highways and parkways in the Town and, with the consent of the County Superintendent of Highways or the State Commissioner of Transportation, as the case may be, abutting on a county or state highway, 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.
[Added 8-13-2019 by L.L. No. 13-2019]
The owner and occupant of premises abutting on any street where a sidewalk has been laid shall keep the sidewalk in front of such premises in good repair and in a safe condition for pedestrians at all times.
Notwithstanding any other provision of law, the owner of real property abutting any sidewalk shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonable safe condition. Failure of such owner to maintain such sidewalk in a reasonable safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other obstructions from the sidewalk.
Notwithstanding any other provision of law, the Town shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks in a reasonable safe condition. This section shall not be construed to apply to the liability of the Town as a property owner.
All sidewalks constructed along any privately owned street, highway or parkway of a new development shall be subject to these regulations and comply in all respects with the regulations covering Town roads. Failure to comply with these regulations shall constitute sufficient cause for the Town to reject any dedication of such a street.
Whenever the Town Board adopts an order directing the abutting owners of the respective lots or parcels of land in front of which it is desired that sidewalks be relaid or repaired in accordance with this article, the Town Board shall specify the place, manner and time within which the repair shall be completed, which time shall not be less than 30 days from the adoption of the Town Board's order.
The Town Clerk shall publish a notice of the Town Board's orders pursuant to Subsection A of this section, 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 for the completion of the work, and he shall serve a copy of the notice by certified mail within five days of adoption of order upon the owner or owners and by first class mail upon the occupant or occupants of the land in front of which it is desired that such repair shall be done.
Whenever a notice to repair a sidewalk pursuant to an order of the Town Board has been served upon an owner of a lot or parcel of land in front of which it is desired that sidewalks be relaid or repaired and the owner shall not cause the 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 repair to be made as required by notice.
The Superintendent of Highways is hereby authorized to perform such work or repair with his own forces, or cause a contract to be let therefor, and to pay for the work out of the funds to be appropriated by the Town Board for such purposes.
The Town shall be reimbursed for the cost of relaying or repairing any sidewalk when made by the Superintendent of Highways pursuant to this article by the owner of the respective lot or parcel of land in front of which the repair was made, by assessment upon and collection from the lot or parcel of land termed benefited by the repair; so much of the actual and complete cost upon and from each lot as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the property, as determined by the Town Board, and collected in the same manner and at the same time as other special assessment and ad valorem Town charges.
Whenever expenditures are made by the Town for repairing sidewalks or removing from sidewalks ice, snow or other accumulations thereon, which under this article are assessable upon the land affected or improved thereby, the Board shall serve a notice of at least 10 days upon the owner or owners of such property, stating that such expenditure has been made, its purpose and amount and that at a specified time and place it will meet to make an assessment of the expenditure upon such land. The Board shall meet at the time and place in such notice specified. It shall hear and determine all objections that may be made to such assessment, including the amount thereof, and shall assess upon the land the amount which it may deem just and reasonable, not exceeding, in case of default, the amount stated in the notice. All the provisions of the Westchester County Tax Law covering the enforcement and collection of unpaid taxes and assessments, not inconsistent herewith, shall apply to the collection of such unpaid cost or expense. In addition to the levy of the assessment, an action to recover the amount may be maintained by the Town against the owner or occupant liable therefor.
No sidewalk shall be constructed or permitted to be constructed or repaired along any street, road, highway or parkway in the Town unless such construction shall conform to the following specifications: All sidewalks shall be constructed with a minimum of four inches of Portland Cement Concrete Sidewalk Standard New York State Department of Transportation Specification Item 608.01 (January 3, 1978, as amended). The subgrade shall be at least six inches thick and conform to the New Castle Road Specifications for Subgrade, Chapter 109, Article VIII. The width shall be the same as existing or as ordered by the Town Engineer or by the Town Board pursuant to § 111-18.
The requirements of this article shall be in addition to the permit required for street openings and obstructions and shall be in addition to any permit required for any excavation or curb cut permit if any is required.
Any person committing an offense against the provisions of this article shall be guilty of a violation 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 against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Amended 3-27-2012 by L.L. No. 1-2012]
No sidewalk shall be constructed, repaired or work thereon commenced until the owner of the premises in front of which the sidewalk is to be constructed or repaired or the authorized agent of the owner shall have obtained a permit therefor. Applications for the permit required by this section shall be made, in writing, to the Town Engineer in such form as may be required by the Town Board and also submitted in an electronic file format. No permit required by this section shall be issued without the approval of the Town Engineer, endorsed on the application therefor, unless so directed by resolution of the Town Board.
Whenever a sidewalk repair is made by contract let therefor by the Town Board, the provisions of § 111-24 shall not apply to the contractor for the work.
A permit issued pursuant to § 111-24 shall specify the lines of grades of the sidewalk to be constructed or repaired and such other directions as the circumstances may require and in form satisfactory to the Town Engineer.
Each applicant for a permit required by § 111-24 must file an insurance policy or certificate with the Town Engineer insuring the Town in the sum of $300,000 for personal injury and $50,000 for property damages.