Village of Great Neck Plaza, NY Article I Sidewalks

[Adopted 7-31-1930 by Ord. No. 5; amended in its entirety 5-20-1957]

§ 185-1 Responsibility for maintenance and repair.

Every owner or occupant of any house or other building, and every owner or person entitled to possession of any vacant lot, and any person having charge of any church or any public building in the Village of Great Neck Plaza shall, during the winter season or during the time snow shall continue on the ground, keep the sidewalk in front of such lot or house free from obstruction by snow or ice and icy conditions and shall at all times keep such sidewalk in good and safe repair and maintain the same clean, free from filth, dirt, weeds or other obstructions or encumbrances.[1]

[1] Editor's Note: See also Ch. 174, Snow and Ice, Removal of.

§ 185-1.1 Removal of snow and ice.

[Added 11-19-2003 by L.L. No. 7-2003]

The obligation set forth in § 185-1 regarding the removal of snow and ice shall include the following:

A. The owner or occupant of property subject to this obligation shall clean and maintain a four-foot-wide path on the sidewalk free of snow and ice.

B. The owner or occupant of property subject to this obligation shall not only clear the sidewalk of snow and ice but shall also keep such sidewalk free of ice and snow by clearing it as frequently as necessary.

C. The owner or occupant of property which is a corner lot, as defined in Village Code § 225-2, shall further be required to clear and maintain a four-foot-wide path free of snow and ice between the sidewalk and the curb of the street at the corner.

D. The owner or occupant of property which adjoins a sidewalk adjacent to a crosswalk shall further be required to clear and maintain a four-foot-wide path free of snow and ice from the sidewalk to the beginning of the crosswalk of the curb of the street.

E. Fire hydrants and water standpipe connections.

[Added 1-4-2012 by L.L. No. 1-2012]

(1) The owner, occupant and other persons in control of property in the Village which is adjacent to a fire hydrant or on which is located a water standpipe connection shall be required:

(a) To remove snow and ice from around the hydrant for a distance of two feet in each direction;

(b) To remove snow and ice from a circular area (having a three-foot diameter) surrounding the water standpipe connection;

(c) To remove snow and ice from all signs on the property showing the location and address of the water standpipe connection; and

(d) To keep the hydrant, water standpipe connection and other areas described in this subsection free from snow and ice during the winter.

(2) Removal of snow and ice as specified above shall be done within four hours after snow has ceased to fall, except that the period between 9:00 p.m. and 7:00 a.m. shall not be included in computing compliance with such requirement. If, for good cause, a hydrant or water standpipe connection cannot be cleared within the requisite time period, the owner or occupant or other person in control of the affected property shall notify the Village Commissioner of Public Services.

(3) Upon the failure of the owner or occupant or other person in control of the property to comply with the provisions of this subsection, then, in addition to any other fines or penalties, the Village or its agent may provide for the removal thereof at the expense of the noncomplying owner occupant, and/or person in control of the property.

(4) The noncomplying owner, occupant and/or person in control of the property shall reimburse the Village for the costs and expenses of any such snow and ice removal within 14 days of service of a demand for payment by the Village Clerk. The noncomplying owner, occupant and/or person in control of the property shall have an opportunity to contest the removal costs and expenses set forth in the demand for payment issued by the Village Clerk upon written request made to the Village Clerk within 10 days of service of the demand for payment being issued.

(5) Upon the failure of the owner, occupant and/or person in control of the property to pay such costs, the Village Commissioner of Public Services shall certify the costs of any such snow removal work and provide same to the Village Clerk. Such costs and expenses shall be assessed against and recovered from the real property subject to action pursuant to this chapter, as designated by a resolution of the Village Clerk and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges. The provisions of this section with respect to costs shall be in addition to any penalty imposed for violation of or noncompliance with any provision of this code.

§ 185-2 Depositing paper or debris.

It shall be unlawful for any persons to deposit, drop, throw or otherwise dispose of paper, debris or refuse of any nature whatsoever upon the sidewalks, streets, parking areas or other public places in the Village of Great Neck Plaza.

§ 185-3 Obstruction unlawful.

[Amended 4-1-1998 by L.L. No. 4-1998]

A. Obstruction of sidewalks prohibited; exception.

(1) No person, firm, association or corporation which is the owner, occupant or lessee of any premises abutting on any street, road, highway or parkway within the Village of Great Neck Plaza shall:

(a) 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, rubbish, garbage, display signs or material things of any kind or description.

(b) In any manner obstruct or interfere with the use of any such sidewalk.

(c) Maintain, open or operate any sidewalk vault door except in accordance with the provisions set forth in Subsections B and C of this section.

(2) However, nothing contained in this Section shall prevent persons from placing goods, wares, merchandise or household furniture on the sidewalk temporarily while loading or unloading the same, provided that it is done without unnecessary delay, and provided further that such goods, wares, merchandise or household furniture are not allowed or permitted to remain on such sidewalks within the prohibited area for a longer period than one hour.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

SIDEWALK VAULT

Any covered opening in a public sidewalk which affords access to a basement or a basement stair in a building.

UTILITY VAULT

Any covered opening on private or public property adjoining a public street or sidewalk or otherwise accessible to the public which affords access to a water cutoff valve or meter, to a sewage trap, to an electrical transformer or to comparable utility equipment.

C. The opening and maintenance of a sidewalk or utility vault shall conform to the following provisions:

(1) Before the doors or cover of any such vault are opened, barricades must be placed on all sides of the vault. Such barricades shall be continuous, a minimum of three feet in height and shall be safety orange or safety yellow in color.

(2) A sidewalk or utility vault shall be opened from the aboveground side only and under no condition may be opened from the inside of the building to which it is adjacent or to which it provides access.

(3) At all times when the sidewalk or utility vault door or doors are in the open position, they must be attended by a person physically located in the immediate vicinity of the open vault doors to warn pedestrians of a dangerous obstruction and to direct such pedestrians safely around the obstruction.

(4) All such sidewalk and utility vaults shall be constructed and maintained so that, when closed, they are flush with the adjacent sidewalk. No lock, hasp, tongue or latch shall protrude above the surface of the vault door, doors or frame.

(5) All such vault doors shall be maintained in a structurally sound condition and shall be maintained and designed to adequately support the loads to which they are subjected.

§ 185-4 Penalties for offenses.

[Amended 6-19-1996 by L.L. No. 4-1996]

In addition to other remedies provided by law, each violation of the provision of this article shall subject the owner, general agent, contractor, tenant, occupant or any other person in charge of the property abutting upon the sidewalk or curbing where any violation has been committed to a fine or penalty of not more than $250 or to a period of imprisonment not exceeding 15 days, or both.