[Adopted by L.L. No. 11-2007; amended in its entirety 1-25-2018 by L.L. No. 1-2018 (Ch. 233, Art. V, of the 1989 Code)]
The purpose of this article is to impose a duty on the owner
of real property to remove or clear snow or ice from public sidewalks
adjacent to the owner's property. When a property owner fails
to comply with the requirements of this article, the sections below
provide a procedure for the City to remove snow or ice and recover
the cost from the property owner. In addition, the City may impose
a fine and pursue other enforcement mechanisms. This article is also
designed to secure safety and promote the public health and welfare
and convenience of access for all pedestrians and residents in the
City and is adopted, in part, pursuant to the authority of § 20(24)
of the General City Law and is therefore to be characterized as a
"local zoning law" for purposes of authorizing service of process
under Criminal Procedure Law § 150.40.
As used in this article, the following terms shall have the
meanings indicated:
The person identified as the owner of the premises on the
real property tax records maintained by the Assessor of the City of
Plattsburgh.
Refers to the sidewalk lying parallel to a City street and
beyond the edge of the pavement of such street, whether located on
private or public property, including intersecting sidewalks at street
corners and mid-block crosswalks.
To remove or clear dry or loose snow, or where not possible,
to remove snow and ice with a hand operated snow removal device. When,
due to weather conditions, it is not possible to remove snow or ice
with a hand operated snow removal device, the sidewalk must be covered
in sufficient quantity by a substance to prevent slippery conditions
and insure safe passage by pedestrians.
A strip of land lying between the edge of the sidewalk nearest
the street and the edge of the street pavement.
A weather event, which includes snow, sleet, frozen rain,
blowing snow, hail or other precipitation, as publicly declared by
a designated City official. The City's activation of the parking-ban
lights will be presumably, but not in all cases, provide additional
public notice of a "snow or ice event."
It shall be the duty of the owner of a developed or vacant lot
that adjoins a public sidewalk to remove or clear snow and ice from
such public sidewalk within 24 hours after the end of a snow or ice
event, as publicly declared by a designated City official. Except
as provided herein, the entire width of the sidewalk shall be cleared,
edge to edge, creating conditions that allow safe pedestrian travel
and preventing any accumulation of ice and/or snow, or impenetrable
ice/snow that is not treated to prevent slipping.
A.
Where there is no sidewalk median, and the City plows deposit snow
on a sidewalk with an average depth (along the length of the sidewalk)
of more than 12 inches as a result of plowing the streets, the owner
is exempt from removing such snow. The City will be responsible for
removing the snow but the owner shall resume responsibility for proper
sidewalk maintenance after its removal.
B.
When, due to weather conditions, it is not possible to remove snow
or ice with a hand operated snow removal device, the sidewalk must
be covered in sufficient quantity by a substance to prevent slippery
conditions and ensure safe passage by pedestrians.
C.
The exception for snow removal as set forth above shall not relieve
an owner of liability for injuries to pedestrians using such sidewalk.
D.
24 hours after a publicly declared snow or ice event will trigger
the duty to remove snow.
The property owner has the sole legal obligation to remove snow
and/or ice. If this duty is not performed, the property owner is liable
for charges imposed by the City for removal of snow and/or ice. The
property owner is not exempt from this duty, regardless of any agreement
between property owner and occupant that assigns this responsibility
to the occupant.
No person shall deposit snow from his property or a public sidewalk
adjacent to his property, on a City street, or the property of another
person. In addition, the owner of the property from which the snow
is removed may be found liable for the acts of his or her employees,
agents or contractors, who violate this section.
A.
If an owner fails to remove snow and/or ice within 24 hours after
the public announcement of the end of a snow or ice event, and is
not otherwise exempt from removal as set forth above, City employees
or City designated independent contractors may, in his or her discretion,
cause said snow and/or ice to be removed or cleared from said sidewalk,
or treated as the situation may require, and the cost of which shall
be charged to the owner of the property adjacent thereto, and, if
unpaid within the time prescribed, shall be added to the tax bill
assessing said property, which shall be and remain a lien against
the property upon or adjacent to which the work is done and collected
by the City from the owner of such property in the same manner as
taxes are collected.
B.
City employees, or City designated independent contractors, shall
not be required to provide any additional notice to the property owner
of their duty to remove, clear and/or treat the snow and/or ice prior
to causing said removal or treatment of the adjacent sidewalk. However,
upon removing or treating the snow and/or ice from the sidewalk, the
City shall cause an invoice notice to be conspicuously posted on the
property and shall send a copy of the Invoice Notice to the owner
via first class mail to the property owner's address as listed
on the City's real property tax records. The City employee, or
City designated independent contractor shall maintain reasonable records
of their work performed under this section.
C.
Invoices for snow removal/treatment shall be due and payable in full
within 30 days of the date of the invoice, and if not paid when due
shall bear interest at 12% per annum until paid in full. Any such
invoice that is past due may be levied against the owner's property
in the same manner as unpaid sewer and water charges.
D.
The Common Council by resolution shall adopt a schedule of charges
for snow removal, which shall include the cost of labor, equipment,
administrative time, and expenses.
E.
If an owner disputes an invoice notice for snow removal, based on
a claimed factual error or administrative error, said owner may, within
30 days of the date of the invoice notice, send a written appeal to
the Superintendent for the Department of Public Works who, upon receipt
of said appeal, shall within 14 days, respond in writing. The Superintendent's
response to such an appeal shall apply a written policy and standards
for appeal and potential waiver of charges as developed by the Superintendent
for the Department of Public Works and approved by the Common Council.
F.
If an owner disputes an Invoice Notice, because of age, infirmity,
disability, or other reason not based on a factual error or administrative
error, said owner may, within 30 days of the date of the Invoice Notice,
send a written appeal to the Public Safety Committee of the Common
Council who, upon receipt of said appeal, shall, within 14 days, respond
in writing. The Public Safety Committee's response to such an
appeal shall apply a written policy and standards for appeal and waiver
of charges as developed by the Committee and approved by the Common
Council.
B.
The Housing Code Inspector, officer of the City Police Department, or parking enforcement officer, as defined in § 340-2 of the Code, shall have authority to inspect and report violations of §§ 295-40 and 295-43 of this chapter and shall send notice of the violation and fine to the person or owner on record per the Assessor's files, at the address as on record per the Assessor's files, by registered or certified mail service. Within 14 days from receipt of such notice, the person or owner may pay or cause to be paid to the City of Plattsburgh, through the Code Enforcement Office, as a penalty for and in full satisfaction of such violation the monetary sum as indicated by the notice of fine and violation. Such penalty shall be in addition to the cost of removal and administrative fee as set forth in § 295-44. The failure of the person or owner to make such fine payment may result in the issuance of an appearance ticket in Plattsburgh City Court, and upon conviction therein, the person or owner shall be guilty of violating the Code of the City of Plattsburgh and shall be subject to a fine.
[Amended 5-31-2018 by L.L. No. 4-2018]
C.
If, before an appearance ticket is issued, because of a claimed factual
error or administrative error, a person or owner who disputes a notice
of violation and fine, may, within 14 days from the receipt of such
notice of violation and fine, send a written appeal to the Code Enforcement
Office on notice to the Housing Code Inspector, who, upon receipt
of said appeal, shall, within 14 days, respond in writing. The Housing
Code Inspector's response to an appeal shall apply a written
policy and standards for appeal and waiver of fines and violation
as developed by the Housing Code Inspector and approved by the Common
Council.
D.
If an owner disputes a notice of violation, because of age, infirmity,
disability, or other reason not based on a factual error or administrative
error, said owner may, within 14 days of the date of the notice of
violation, send a written appeal to the Public Safety Committee of
the Common Council who, upon receipt of said appeal, shall within
14 days, respond in writing. The Public Safety Committee's response
to such an appeal shall apply a written policy and standards for appeal
and waiver of charges as developed by the Committee and approved by
the Common Council.
F.
Because this article is adopted, in part, pursuant to the authority
of § 20(24) of the General City Law, it is to be characterized
as a "local zoning law" for purposes of authorizing service of process
of any appearance ticket under Criminal Procedure Law § 150.40(2).
