Town of Milton, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Milton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 132.
[Adopted 12-16-2015 by L.L. No. 2-2015[1]]
[1]
Editor's Note: This local law was adopted as Ch. 133, but was renumbered to maintain the organization of the Code.
The owner or occupant of every property within the Town Center District shall at all times pave, keep and maintain the existing sidewalks adjoining his/her property in a safe, passable condition and the sidewalk free from snow, ice, dirt, filth, weeds and all other obstructions.
A. 
In the event that a property owner or occupant fails to maintain said sidewalks as required in § 162-1, hereof (except in regard to snow and ice as provided in Subsection C below), the Code Enforcement Officer shall serve a notice of such failure and/or violation in the following manner:
(1) 
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in said property as shown by the records of the Town of Milton Tax Collector or the Saratoga County Clerk or, if no such person can reasonably be found, by mailing such owner, by registered mail, a copy of such notice directed to his/her last known address as shown by the above records; and
(2) 
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and
(3) 
By securely affixing a copy of such notice upon any residence or other structure located on the property.
B. 
The notice shall contain the following:
(1) 
A description of the condition of the property needing correction;
(2) 
An order outlining the manner in which the property is to be made compliant with this section;
(3) 
A statement that the correction of the sidewalk condition shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended by the Code Enforcement Officer;
(4) 
A statement that in the event of neglect, refusal or failure to comply with the order:
(a) 
The Town of Miton is authorized to direct a private contractor previously approved by the Town Board to correct the prohibited condition; and
(b) 
The total cost thereof shall be assessed against the real property on which said sidewalk is located and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, to be collected in the same manner and at the same time as other Town of Milton taxes and/or charges.
C. 
In the case of snow and ice, no such sixty-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/she shall be in violation of this section unless such time period be extended by the Code Enforcement Officer or the Town of Milton, in writing, by reason of the fact that such ice is too thick to be removed within such twenty-four-hour period, in which event such snow or ice must be removed within such reasonable time as determined, in writing, by the Code Enforcement Officer.
In the event that personal injury or property damage shall result from the failure of the owner or occupant to comply with the provisions of this article, the owner and occupant shall be liable to all persons injured, or where property is damaged directly or indirectly thereby, and shall be liable to the Town of Milton to the extent that the Town of Milton is required by the court to respond in damages to any injured party.
The Town reserves the right, but shall not be obligated to do so, to plow or clear any sidewalk within the Town Center District for the purpose of making it passable by the public in the interest of public safety. However, in doing so, the property owner shall not be relieved of its/their obligations hereunder.
If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Town Board of the Town of Milton hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
The fines and penalty provisions of § 180-72 shall apply to all violations of this article.
In the event of any inconsistencies between this article and the provisions of § 180-39.4 pertaining to sidewalk maintenance, or any other sections of Town Law, the provisions of this article shall control.
This article shall take effect immediately upon filing in the office of the New York State Secretary of State.
[Adopted 2-15-2017 by L.L. No. 1-2017[1]]
[1]
Editor's Note: This local law was adopted as Ch. 134, but was renumbered to maintain the organization of the Code.
As used in this article, the following terms shall have the meanings indicated:
OWNER
The owner of record or any other person, persons, firm, corporation or entity in actual possession of or otherwise having charge, care or control of any property within the Town Center, including, but not limited to, an executor, administrator, trustee, guardian, heir, distributee, bank, lending institution, or agent.
It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied or unoccupied property, building lot or plot of land, or any part thereof, in any section of the Town Center District to permit or maintain on any such lot or plot of land or on or along both sides of the sidewalk, the street or alley adjacent to the same, between the property line and the curb or middle of the alley, or for 10 feet outside of the property line and up to the edge of the roadway if there is no curb, any growth of weeds, grass or other vegetation of any kind to be a height greater than six inches, on the average, on a vacant lot, or to a height greater than six inches, on the average, on an improved lot, or any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or plot of land in such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place, it being the intent to require the owner, lessee, or occupant to maintain at all times all lawn areas within the Town Center in accordance with this article.
It shall be the duty of any owner, lessee or occupant of any such lot of land in the Town Center to cut and remove or cause to be cut and removed all such weeds, grass or other vegetation, including poisonous or harmful vegetation, as often as may be necessary to comply with the provisions of this article, provided that cutting and removing such weeds, grass and vegetation at least once in every two weeks between May 15 and October 15 shall be deemed to be compliance with this chapter.
A. 
If the provisions of the foregoing sections are not complied with, the Highway Superintendent and/or the Building Inspector or other authorized Town representative shall serve written notice, either personally or by certified mail or by any other method of service as provided for in the Civil Practice Law and Rules, upon the owner, lessee or occupant or any person having the care or control of any such lot or land, to comply with the provisions of this chapter.
B. 
If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weeds, grass or other vegetation within five days after receipt of such notice, or if no person can be found in the Town of Milton who either is or claims to be the owner of such lot or land or who either represented or claims to represent such owner, the Town shall cause such weeds, grass or other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal and other additional costs in connection therewith shall be certified by the Town representative to the Town Clerk and shall thereupon become and be a lien upon the property on which such weeds, grass and other vegetation were located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
A. 
Any person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this chapter or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall violate any of the provisions of this article or shall resist or obstruct the Town thereof shall be subject to a fine of not more than $500 for the first offense, $750 for the second offense, and $1,000 for the third or any subsequent offenses; and each day on which such violation continues shall constitute a separate distinct offense subject to a separate fine for each day in violation, with no further or additional notices or written violations needed to be served.
B. 
In the event that personal injury or property damage shall result from the failure of the owner or occupant to comply with the provisions of this article, the owner and occupant shall be liable to all persons injured, or where property is damaged directly or indirectly thereby, and shall be liable to the Town of Milton to the extent that the Town of Milton is required by the court to respond in damages to any injured party.
C. 
The Town reserves the right, but shall not be obligated to do so, to mow, cut or clear the brush, grass or other vegetation covered under this article and within the Town Center District, for the purpose of making it in compliance with this article in the interest of the public safety and welfare. However, in doing so, the property owner shall not be relieved of its/their obligations hereunder.
If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Town Board of the Town of Milton hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
This article shall take effect immediately upon filing in the office of the New York Secretary of State.