[Added 6-10-2010 by L.L. No. 2-2010]
A.Â
Each property in the Town of Stanford, and the residents, inhabitants,
owners, tenants, guests and invitees of each property, whether access
to the same is by a public road, private road, driveway or easement,
is required to keep the same maintained, plowed, cleared, and passable
at all times. Such requirement includes, but is not limited to, snow
and ice removal, culverts, surface, bridges, and grade. This requirement
shall apply to any structure or improvement on the property, whether
occupied or not. The owner, occupant or caretaker shall clear such
access within 24 hours of any accumulation of snow greater than six
inches or ice thicker than 1/4 inch. In addition, in any emergency,
the Town of Stanford may, but is not obligated to, create such suitable
access at the owner's expense, which shall be assessed to the owner
as is set forth herein.
B.Â
In the event that the landowner of the property, through its residents,
inhabitants, owners, tenants, guests and invitees, or contractor to
maintain such property, fails to keep such property maintained, plowed,
cleared, and passable at all times, and an emergency or fire or injury
call is made to such property, the landowner shall be responsible
for the actual cost to the Town of Stanford, its highway department,
emergency staff, or a third-party contractor hired by the Town of
Stanford to provide access to the property. The landowner shall be
given written notice of the claim, and shall have 30 days to pay the
same. If the landowner disputes the claim within 30 days, the Town
Board may hold a hearing, or designate a hearing officer to take testimony
to report back to the Town Board with a recommendation as to any adjustment
of the claim. If the claim is not adjusted, and not paid, after notice
to the landowner and the expiration of the 30 days, the Town of Stanford
may elect to separately enforce the same, or have the amount added
to the landowner's taxes, as part of the assessment.
C.Â
The Town of Stanford may, in addition to the actual charges as set
forth above charged to provide access, impose a fine not to exceed
$250 to cover the administrative costs of enforcing this section.
If the Town of Stanford elects to commence legal action to enforce
any claim hereunder, it shall be entitled to recover from the landowner
its costs and expenses of such action, including reasonable attorney's
fees as may be awarded by the Court.
D.Â
Nothing contained herein shall impose any obligation or responsibility
on the Town of Stanford to maintain, plow, clear or make passable
any access to property for emergency or fire or injury calls, and
no liability shall be attributed to the Town of Stanford if the same
is not done, or the property is not capable of being accessed. Such
requirement includes, but is not limited to, snow and ice removal,
culverts, surface, bridges, and the grade or slope of the property
or any driveway, access or road to the premises.
