[HISTORY: Adopted by the Town Board of the Town of North
East as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-1976 by Ord. No. 1-76 (Ch. 42 of the 1979 Code)]
No civil action shall be maintained against the Town of North
East for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, guardrail, culvert, sidewalk or crosswalk
being defective, out of repair, unsafe, dangerous or obstructed, or
for damages or injuries to person or property sustained solely in
consequence of the existence of snow or ice upon any sidewalk, crosswalk,
street, highway, bridge, guardrail or culvert, unless written notice
of the defective, unsafe, dangerous or obstructed condition or of
the existence of the snow or ice, relating to the particular place,
was actually given to the Town Clerk of the Town of North East and
there was a failure or neglect, within a reasonable time after the
receipt of such notice, to repair or remove the defect, danger or
obstruction complained of or to cause the snow or ice to be removed
or the place otherwise to be made reasonably safe.
[Adopted 3-13-1986 by L.L. No. 1-1986 (Ch. 82, Art. I, of
the 1979 Code)]
Every owner or occupant of property shall keep the existing
sidewalks adjoining his premises free of snow, ice, dirt, filth, weeds
and other obstructions.
Any owner or occupant of premises who has been notified by the Town Clerk or the Superintendent of Highways that the contiguous sidewalks are in violation of § 147-2 hereof, except with regard to snow and ice, and who shall fail to correct the condition within 30 days of the sending of such notice by certified mail to the address shown on the most recent tax assessment roll shall be in violation of this article. In addition to the penalties otherwise enforceable for general violation of this article, the Town may thereafter correct the prohibited condition and assess the cost thereof against the owner of the adjacent property. Such cost, if not paid, shall be assessable against the property as a tax thereon.
In the case of snow and ice, no such thirty-day notice is required,
and if, within 24 hours after the cessation of every fall of snow
or the formation of any ice, the owner or occupant of any premises
shall fail to clear such sidewalk of snow and ice, he shall be in
violation of this article. In addition, the Town may clear such sidewalk
of snow and ice if they are not cleared by the owner or occupant within
said 24 hours and assess the cost thereof against the owner of the
adjacent property. Such cost, if not paid, shall be assessable against
the property as a tax thereon.
A.
In addition to the foregoing, any person committing an offense against
the provisions of this article shall, upon conviction, be guilty of
a violation pursuant to the Penal Law of the State of New York punishable
by a fine not exceeding $250 or imprisonment not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
shall constitute, for each day the offense is continued, a separate
and distinct violation.
B.
In addition to the foregoing, the Town Board may also maintain an
action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of this article.
