[Adopted 10-17-1988 by L.L. No. 1-1989 (Ch. 39 of the 1971
Code)]
This article shall be known and cited as the "Sidewalk and Landscape
Maintenance Law of the Village of Buchanan, New York."
The Village Board of the Village of Buchanan hereby determines
that it is necessary for the health, safety, appearance and general
welfare of the residents of the Village of Buchanan to provide a method
whereby vacant lots, improved properties, sidewalks and public lands
within the Village of Buchanan are kept clean, kept properly maintained
and kept free from vermin, nuisances, hazards, debris and litter.
For the purpose of this article, the terms used herein shall be defined as set forth in Chapter 137, Property Maintenance, of the Code of the Village of Buchanan. The term "street" shall include all public and private highways, roads and streets.
Every owner, lessee, tenant, occupant or other person having
charge or control of any building or lot of land abutting and/or bordering
on paved sidewalks along streets in the Village of Buchanan shall
keep the sidewalk in front of the premises owned or occupied by him
clean and free from snow, ice, dirt, rubbish, garbage, papers, rags,
scraps, sticks, earth, grass clippings and all other manner of obstructions,
vermin, nuisances, hazards, debris and litter.
Snow and ice shall be removed and cleaned away from sidewalks
or, in the case of ice which may be frozen to the same, shall be thoroughly
covered with sand or ashes within 12 hours after the same shall fall
or be formed thereupon. Said sidewalk shall thereafter be continuously
maintained so that it shall be continuously free of any accumulation
of snow and ice.
No snow, ice, dirt, rubbish, garbage, papers, rags, scraps,
sticks, earth, grass clippings or other refuse or obstructions shall
be thrown, placed, deposited or swept onto the sidewalk, gutter or
street, nor shall any person permit overflow from cesspools or septic
tanks nor shall waste or dirty water be poured or dumped upon any
part of the sidewalk, gutter or street.
Any encroachment upon or encumbrance of any part of the sidewalk,
gutter or street by any stock of food, merchandise, produce, waste
material or any other article or thing that obstructs the sidewalk
is prohibited.
A.
Failure of any owner and/or occupant of such real property to remove
any of the aforementioned accumulations or obstructions from the sidewalks,
gutters or streets in the manner and/or time herein provided shall
constitute a violation.
B.
The Village of Buchanan reserves the right, upon the expiration of
the twelve-hour period, to remove any such accumulations or obstructions
from said sidewalk, gutter or street and charge the cost of the same
to the owner, which charge shall become a lien upon said premises
and, if not paid, be added to the next Village tax billing following
the performance of the work.
Every owner, lessee, tenant, occupant or other person having
charge or control of any property within the Village of Buchanan shall:
A.
Trim, prune or, if necessary, remove all hedges, brush, shrubs and
overhanging limbs of trees or any obstacle upon any corner formed
by the intersection of a highway, road or street so that any persons
driving vehicles upon said highway, road or street shall have clear
and unobstructed vision for a minimum distance of 350 feet from such
intersection measured along such highway, road or street.
B.
Trim, prune or, if necessary, remove all hedges, brush, shrubs and
overhanging limbs of trees or any obstacle upon any curve or bend
along any highway, road or street so that any persons driving vehicles
upon said highway, road or street shall have clear and unobstructed
vision for a minimum distance of 350 feet from such curve or bend
measured along such highway, road or street.
C.
Be responsible for all areas of property from the edge of the paved
surface of any highway, road or street fronting their property, including
any unpaved area within the right-of-way; and maintain grass, ground
covers, trees and shrubbery in a safe and attractive condition, free
of noxious weeds and otherwise free of nuisance, hazard, debris, litter
and unsightly materials. For the purpose of this provision, all grass
and lawn areas shall be trimmed to a height no greater than six inches.
All other ground covers shall be trimmed in a neat and orderly fashion.
D.
Any person, firm or corporation aggrieved by the provisions or enforcement
of this article shall have the right to appeal to the Zoning Board
of Appeals regarding the maintenance of his particular property.
Failure to maintain property as required by this article shall
be deemed an offense.
Any person committing an offense against any provision of this
article shall be guilty of a violation punishable by a fine of not
less than $25 and 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.
Members of the Police Department and/or the Building Inspector
and/or the Code Enforcement Officer, when the position is created,
of the Village of Buchanan shall administer and secure compliance
with this article.
