[Adopted 7-19-1982 by L.L. No. 10-1982]
The purpose of this article is to regulate the repair and maintenance
of sidewalks located within the business and industrial districts
of the Town of Orangetown.
[Amended 7-15-1991 by L.L. No. 9-1991; 10-9-2007 by L.L. No.
8-2007]
As used in this article, the following terms shall have the
meanings indicated:
Those areas within the Town of Orangetown set forth in the
Zoning Code of the Town of Orangetown[1] as:
|
MFR (Multifamily Residence)
| |
|
LO (Laboratory-Office)
| |
|
LIO (Light Industrial-Office)
| |
|
OP (Office-Park)
| |
|
CS (Community Shopping)
| |
|
CC (Retail-Commerce)
| |
|
CO (Commercial-Office)
| |
|
LI (Light Industrial)
|
In addition to their ordinary meaning, shall also mean any
gum, oil, paint or substance of any kind that is affixed to, or stuck
to, a sidewalk, parking area or area in front of land, buildings or
premises.
An individual, partnership, corporation, association, or
any other entity or any agent, servant or employee thereof.
Town of Orangetown.
[Amended 5-8-2006 by L.L. No. 8-2006; 4-13-2010 by L.L. No.
3-2010]
A.
The owner or occupant of lands adjacent to any street or
highway in a business or industrial district shall maintain and repair
the sidewalks adjoining and on the same side of the street or highway
as his lands and shall keep such sidewalks free and clear of and from
snow, ice and all other obstructions. Such owner or occupant and each
of them shall be liable for any injury or damage by reason of omission,
failure or negligence to maintain, repair, or keep free and clear
such sidewalks as required herein.
B.
Notwithstanding any other provision of law, the Town shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain business or industrial district sidewalks in a reasonably safe condition. This subsection shall not be construed to apply to the liability of the Town as a property owner pursuant to Subsection A of this section.
C.
The following are conditions that may constitute a defective
sidewalk or portion of a sidewalk requiring maintenance or repair:
(1)
Unacceptable quality of sidewalk surface, including but
not limited to holes, depressions, breaks, or projections;
(2)
Ridges or gaps between adjoining sidewalk blocks;
(3)
Differences in elevation of the surface of a sidewalk
or of adjoining sidewalk blocks, to include differences in elevation
caused by tree roots;
(4)
Peeling or crumbling of the surface of the sidewalk;
(5)
Tilting of sidewalk or sidewalk blocks, except in the
case of handicap ramps, driveway approaches or other similar situations;
and/or
(6)
Missing portions of surface.
D.
Procedure.
(1)
The Superintendent of the Highway Department or his or
her designated agent shall have jurisdiction for the purposes of ordering
the repair of a defective sidewalk and for taking remedial action
towards repairing the sidewalk.
(2)
Upon receipt of information that a sidewalk may be defective,
the Superintendent or designee shall make an inspection of the sidewalk
and file a report in his or her office.
(3)
If the sidewalk presents a hazard to pedestrians, the
Highway Department should take immediate and reasonable steps to cordon
or otherwise mark or block off the area, so that it is not a danger
to pedestrians.
(4)
If the Superintendent's or designee's investigation confirms
the existence of a defective sidewalk, the Superintendent shall cause
notice to be served upon the adjacent property owner and/or occupant,
either personally or by first class prepaid mail. If, for whatever
reason, the owner or occupant cannot be ascertained, notice shall
be served by posting in a conspicuous place upon the premises.
(5)
The property owner or occupant should contact the Highway Department at the phone number provided on the notice within 14 calendar days of notice in order to coordinate repair or correction. If the property owner or occupant has not contacted the Highway Department within 28 calendar days, and has likewise not contested the order, the Highway Department shall make provision for the securing and repair of the sidewalk and allocate all said expenses against the land that is adjacent to the sidewalk, as per § 32-17, below.
(6)
Contesting the order.
(a)
If the property owner or occupant wishes to contest
the order to correct the defective sidewalk, the property owner or
occupant must request in writing a hearing before the Town Board.
The property owner or occupant must request this hearing within 14
calendar days of receiving notice. During the hearing before the Town
Board, the Superintendent or his or her designated agent will present
evidence of the defective condition of the sidewalk. The protesting
owner or occupant will then be given an opportunity to show that the
sidewalk is not defective.
(b)
The protesting owner or occupant bears the burden
of proof by the preponderance of the evidence.
(c)
The Town Board shall determine, based upon the evidence presented, whether the sidewalk is defective. If the Town Board determines that there is a defect in the sidewalk, the owner or occupant must cure said defect within 14 calendar days of the Town Board's decision. If the defect in the sidewalk is not cured within 14 calendar days of the Town Board's decision, the Town Board is authorized to make provision for the securing and repair of the sidewalk and to allocate all said expenses against the land that is adjacent to the sidewalk, as per § 32-17, below.
(7)
In the event that the owner or occupant corrects the defect
in the sidewalk, the owner or occupant is responsible for the quality
of the finished work. A representative of the Town Highway Department
may inspect the project and may require the owner or occupant to remove
and replace new construction that does not meet basic construction
standards.
E.
Notice provided to the property owner or occupant shall
contain the following:
(1)
A description of the premises to which the sidewalk is
adjacent.
(2)
A statement of the particulars in which the sidewalk is
defective.
(3)
An order that the repair or correction of the defective
portion of the sidewalk shall be completed within 28 calendar days
of service of the notice.
(4)
A request to contact the Highway Department within 14
calendar days of receipt of the notice in order to coordinate repair
of the sidewalk.
(5)
Instructions for the recipient to schedule a hearing before
the Town Board if the recipient does not agree with the findings of
the Highway Department and notice that said hearing must be requested
in writing 14 calendar days from service of written notice.
(6)
A statement that in the event of neglect or refusal to comply with the order to repair or replace the defective sidewalk, the Town Board is authorized to provide that the sidewalk be secured and repaired and that all expenses thereof will be assessed against the land that is adjacent to the sidewalk, as per § 32-17, below.
(7)
A statement informing the owner or occupant that under
Town law, the owner or occupant is liable for any injury or damage
incurred based upon the owner or occupant's failure to remedy the
defective sidewalk.
[Amended 5-8-2006 by L.L. No. 8-2006]
No person owning or occupying any lands, buildings or premises
located in a business or industrial district shall sweep into or deposit
an accumulation of litter in any gutter, street or other public place
within the Town. Persons owning or occupying lands, buildings or premises
in a business or industrial district shall keep the sidewalks and
parking areas on and in front of their lands, buildings and premises
free and clear of litter and debris. Such owner or occupant and each
of them shall be liable for any injury or damage by reason of omission,
failure or negligence to keep any or all of the aforementioned areas
free and clear of the aforementioned litter or debris and shall be
liable for any injury or damage resulting from the sweeping or depositing
of litter in any or all of the aforementioned areas.
In the event that the owner or occupant of any lands, buildings
or premises shall fail to perform sidewalk maintenance or make sidewalk
repairs, as in this article provided; or shall fail to keep the sidewalk
free from ice and snow and all other obstructions, as in this article
provided; or shall fail to keep the sidewalk and parking areas free
and clear of litter and debris, as in this article provided, then
the Town may perform such maintenance, make such repairs, remove such
ice and snow, remove such obstructions and/or clean said sidewalks
and parking areas and charge the cost of same to the owner, which
charge shall become a lien upon such lands, buildings and premises
and, if not paid, shall be added to the Town tax bill next following
the performance of the work.
[Amended 7-15-1991 by L.L. No. 9-1991; 10-9-2007 by L.L. No.
8-2007]
In addition to any other civil penalties, any owner or occupant who shall violate any provision of this article shall be guilty of an offense against this article and shall be punishable by a penalty as set forth in Chapter 41 A of this Code.
[Amended 7-15-1991 by L.L. No. 9-1991; 10-9-2007 by L.L. No.
8-2007]
In addition to enforcement of this article by the Orangetown
Police Department, the Superintendent of Highways of the Town of Orangetown
and/or the Deputy Superintendent of Highways for the Town of Orangetown
and/or the Highway Maintenance Supervisor of the Town of Orangetown
and/or the Director of the Office of Building, Zoning, Planning Administration
and Enforcement, his subordinate Building Inspectors and/or Code Enforcement
Officers shall be authorized to enforce this article and authorized
to issue appearance tickets as the same are defined in Article 150
of the Criminal Procedure Law of the State of New York. Such appearance
tickets are returnable in the Orangetown Justice Court, pursuant to
the rules thereof.
This article shall take effect upon filing with the Secretary
of State.
