[Adopted as Ch. 43 of the 1971 Code]
All sidewalks hereafter constructed within the
Town but outside of the corporate limits of the Village of Woodridge,
New York, shall be built in accordance with certain sidewalk specifications
to be on file with the Town Clerk. The specifications shall state
the materials to be used, the grades and the width of the sidewalk
to be constructed and shall be so filed by the Commissioner of Public
Works.
No sidewalks shall be constructed along any
state highway in the Town unless the State Department of Transportation
shall consent thereto and approve the plans and specifications relating
thereto.
No sidewalks shall be constructed along any
county road in the Town unless the County Superintendent of Highways
shall consent thereto and approve the plans and specifications relating
thereto.
The Town Board shall hereafter and in its own
discretion adopt orders from time to time directing owners of the
respective lots and parcels of land in front of which it is desired
that sidewalks be built, relaid or repaired, to construct the same
to conform with the provisions of this article.
The order so adopted shall provide for a time
limit within which the work is to be completed by the owner.
The Town Clerk shall publish a notice of the
order so adopted in the official papers at least twice, the first
publication of which shall be at least 15 days before the time specified
for the completion of the work.
If within the time specified in the order and
notice the sidewalks required to be built, relaid or repaired shall
not have been so built, relaid or repaired, then the Town Board may
cause the same to be done and audit and pay the expense of doing the
same and assess the expense thereof against the property benefited
as a whole, or any five or less annual installments in the same manner
as street improvements constructed pursuant to § 200 of
the Town Law.
If such expense be assessed in installments,
there shall be assessed as part of each installment except the first,
as interest, an amount not exceeding 6% of such installment, such
rate to be fixed by the Town Board in the order providing for the
assessment.
[Amended 2-25-2013 by L.L. No. 1-2013]
A.
General obligation. It shall be the obligation of each and every
property owner or occupant to keep the sidewalk fronting and/or abutting
on his or her premises free and clear of snow and ice at all times.
It shall further be the obligation of each and every property owner
or occupant to keep the sidewalk fronting and/or abutting on his or
her premises free and clear of rubbish, debris, dirt and any other
obstructions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B.
Snow and ice. The owner or occupant of the premises abutting and/or
fronting any street where a sidewalk has been laid shall keep the
sidewalk in the front and/or side of the premises free and clear of
ice, snow and other obstructions at all times. In the event of a snow-
or ice storm, the sidewalk shall be cleared of said snow or ice within
six hours of the termination of the storm or snowfall. In the event
that said clearing does not take place in the period aforesaid, then
and in that event the Town of Fallsburg or person, firm, agent or
corporation designated by the Town of Fallsburg shall clear the same,
and the cost of such clearing and removal shall be charged against
the property owner.
C.
Rubbish, debris, dirt, etc. In the event that the owner or occupant
permits rubbish, debris, dirt or other obstructions to accumulate
upon said sidewalk, then and in that event, upon mailing of notice
to remove said rubbish, debris, dirt or other obstruction upon said
sidewalk to the address contained upon the assessment roll of the
Town of Fallsburg, or upon personal service to any occupant of said
premises, the owner shall have 48 hours within which to clear the
sidewalk or the Town or person, firm, agent or corporation designated
by the Town of Fallsburg shall remove the same and charge the cost
against the property.
D.
Charges. The charges for removal of snow and ice and/or sanding and
salting, and the removal of debris shall be 1 1/2 times the direct
cost incurred by the Town to cover administration and overhead expenses
in carrying out said service for each incident.
E.
Collection and enforcement of charges.
(1)
All unpaid delinquent charges and penalties shall constitute a first
lien on the real property and on the first day of November of each
year, the Supervisor shall present to the Town Board a statement setting
forth the amount of each lien for services in arrears, the real property
affected thereby and the name of the person in whose name the real
property is assessed.
(2)
The Town Board shall levy the amounts contained in such statement
against the real property liable at the same time and in the same
manner as Town taxes, and such amounts shall be set forth in a separate
column in the annual tax rolls. The amount so levied shall be levied
and enforced in the same manner and at the same time as may be provided
by law for the collection and enforcement of Town taxes.
[Amended 7-13-2020 by L.L. No. 5-2020]
Any person, firm, corporation, organization or group who violates any provision of § 257-9 of this article shall be subject to a fine set by resolution of the Town Board.
