Village of Farmingdale, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 7-25-1932 by Ord. No. 34 (Ch. 81 of the 1975 Code)]
Every owner, lessee, tenant, occupant and other person having charge of any building or lot of ground abutting upon any street or public place where the sidewalk is paved shall, within four hours after the snow ceases to fall or after the deposit of any dirt or other material upon said sidewalk, remove the snow or ice, dirt or other material from the sidewalk. The period between 9:00 p.m. and 7:00 a.m. shall not be included in computing such requirement. Any such owner, lessee, tenant, occupant or other person who has charge of any building or lot of ground abutting upon any street or public place for a linear distance of 500 feet or more shall be considered to have complied with this section if such person shall have begun to remove the snow or ice, dirt or other material from the sidewalk before the expiration of said four hours, provided that he shall continue and complete such removal within a reasonable time.
[Added 4-3-1978 by L.L. No. 2-1978[1]]
The owner or other person having charge of any multifamily dwelling consisting of four or more units within the Village of Farmingdale shall, within six hours after the snow ceases to fall, remove the snow from such parking field or parking fields of or appurtenant to such multifamily dwelling. The period between 9:00 p.m. and 7:00 a.m. shall not be included in computing such requirement. Any such owner or other person having charge of such multifamily dwelling shall be considered to have complied with this section if removal of snow from such parking field is commenced at or before the expiration of said six hours hereinabove provided and shall continue and be completed within a reasonable time thereafter. Each twelve-hour period during which the owner or other person having charge of such multifamily dwelling fails to comply with the provisions of this section shall be deemed a separate offense.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Former § 81-1.2, Penalties for noncompliance, as added 4-3-1978 by L.L. No. 2-1978, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever any owner, lessee, tenant, occupant or other person having charge of any building or lot of ground abutting upon any street or public place where the sidewalk is paved shall have failed to comply with the provisions of any ordinance of the Village of Farmingdale for the removal of snow, ice, dirt or other material from the sidewalk on the side of the street on which said building or vacant lot abuts, the Board of Trustees may cause such a removal to be made, meeting the expense thereof from any suitable street cleaning or highway fund. Thereafter, the expense of such removal as to each particular lot of ground shall be ascertained and certified by said Board of Trustees, and the Attorney for the Village of Farmingdale may thereafter be directed and authorized to sue for and recover the amount of such expense. When so recovered, the amount shall be turned over and credited to the general fund of the Village of Farmingdale.
In case the snow or ice on the sidewalk shall be frozen so that it cannot be removed, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid may, within the time specified in § 485-1, cause the sidewalk abutting on the said premises to be strewed with ashes, sand, sawdust or some similar suitable material and shall as soon thereafter as the weather will permit thoroughly clean said sidewalk.
[Added 6-27-1988 by L.L. No. 13-1988]
A. 
No person shall suffer any sidewalk upon premises owned or occupied by said person or adjacent to premises owned or occupied by said person to become out of repair or in an unsafe or dangerous condition. Notice requiring the construction or repair of such sidewalks at the sole cost of the owner or occupant shall be served upon such owner or occupant, either personally or by certified mail, specifying the construction required to be done and requiring such construction to be commenced at a time therein specified not less than 60 days from the service of such notice, except that, if, in the determination of the Board of Trustees, an emergency exists, a shorter time period may be specified.
B. 
The adjoining landowner or occupant shall be responsible for the maintenance and repair of such sidewalks and, upon the breach of such responsibility and duty, shall be responsible to those who are injured thereby.
[Added 11-19-1990 by L.L. No. 2-1990]
[Added 6-27-1988 by L.L. No. 13-1988]
No sidewalk shall be constructed or repaired or be permitted to be constructed or repaired along any street or highway in the Village unless such construction shall conform to lines and grades furnished by the Village Engineer and in accordance with the specifications on file with the Building Department and/or requirements for sidewalk construction required for a new development under the rules and regulations of the Planning Board of the Village of Farmingdale.
[Added 6-27-1988 by L.L. No. 13-1988]
No sidewalk shall be constructed or repaired or work thereon commenced until the owner of the premises in front of which such sidewalk is to be constructed or repaired or the authorized agent of the owner shall have obtained a permit therefor. Applications for such permit shall be made in writing to the Village Clerk-Treasurer in such form as may be required by the Board of Trustees. All permits shall expire within 120 days after the issuance thereof; provided, however, that nothing herein contained shall be deemed to extend the time for the owner to complete construction or repair of said sidewalk except as otherwise herein provided.
[Added 6-27-1988 by L.L. No. 13-1988]
The fee to be paid for a permit to construct or repair a sidewalk shall be determined by the Board of Trustees by resolution.
[Added 6-27-1988 by L.L. No. 13-1988]
During the construction of the sidewalk, the Village may inspect the work and materials being used for which the permit was issued. Such inspection may include checking for compliance with line or grade, workmanship, safety measures and protection of the public and adjoining properties. If the work is not being done in accordance with the requirements of §§ 485-5 through 485-12, the Village may stop the work and order the owner to have the improper work corrected.
[Added 6-27-1988 by L.L. No. 13-1988]
Upon the failure of the owner to make the improvements or repairs to the sidewalk as required by the provisions of §§ 485-5 through 485-12, the Board of Trustees may cause the same to be constructed or repaired and assess upon the abutting owner the expense thereof.
[Added 6-27-1988 by L.L. No. 13-1988]
Any work that is not made in accordance with the requirements of §§ 485-5 through 485-12 shall be removed at the expense of the person who made such repairs or construction or caused the same to be made.
[Added 6-27-1988 by L.L. No. 13-1988]
All assessments of such sidewalk improvements or repair shall be made and collected and taxes levied as provided by law.
[Amended 2-14-1977 by L.L. No. 1-1977; 4-3-1978 by L.L. No. 2-1978[1]]
Any person violating the provisions of this article shall, upon conviction thereof, be punishable by a fine not to exceed $250 or 15 days' imprisonment, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This article shall take effect August 20, 1932, or immediately as to any person or firm served with a copy of this article.