[Adopted 2-23-1982 by L.L. No. 2-1982[1]]
[1]
Editor's Note: This local law also repealed
former Article II, Sidewalk Use, adopted 1-26-1950, as amended.
This article shall be known and may be cited
as the "Sidewalk Ordinance of the Town of New Castle."
[Amended 8-13-2019 by L.L. No. 13-2019]
The owner and occupant of premises abutting on any street where
a sidewalk has been laid (hereinafter in this article referred to
as the "owner" and "occupant") shall keep the sidewalk in front of
such premises free and clear from snow, ice, dirt and other materials
and obstructions and shall, within six hours after the snow ceases
to fall or after the deposit of any dirt or other materials and obstructions
upon such sidewalk, remove the snow, ice, dirt and other materials
and obstructions from such sidewalk; provided, however, that the time
between the hours of 10:00 p.m. and 5:00 a.m. shall not be included
in such six-hour period.
In case the snow and ice on the sidewalk shall
be frozen so hard that it cannot be removed without injury to the
pavement of such sidewalk, such owner or occupant may, within the
time specified in the preceding section, cause such sidewalk to be
strewn with sand or similar suitable material and shall thoroughly
clean such sidewalk as soon thereafter as the weather shall permit.
[Amended 7-13-2004 by L.L. No. 6-2004]
No owner or occupant or other person shall place, keep, permit or suffer to be placed or kept on any sidewalk in front of, adjoining or adjacent to such premises any goods, wares, merchandise, boxes, barrels, display signs or material things of any kind or description nor shall be in any manner obstruct any such sidewalk or in any manner obstruct or interfere with the use of any such sidewalk. Nothing contained in this article shall prevent such persons from placing foods, wares or merchandise on the sidewalk temporarily while loading or unloading the same, provided that it be done without unnecessary delay and provided that such goods, wares or merchandise are not allowed or permitted to remain on such sidewalks within the prohibited area for a period longer than one hour. Nothing contained in this article shall prevent such persons from the placement of a sidewalk sign on a sidewalk, provided a sign permit is obtained and such sign is placed in accordance with the requirements in Chapter 60.[1]
[Amended 8-13-2019 by L.L. No. 13-2019]
A.
Upon failure of such owner or occupant to comply with the provisions of § 111-12 and/or § 111-13 of this article, the Commissioner of Public Works, the Building Inspector, the Town Police or their designees shall notify the owner or occupant of such violation and may cause such snow, ice, dirt or other materials and obstructions to be removed or covered with suitable material and shall, in such event, forthwith file a report of the cost or expenses thereof with the Town Clerk. The Town Clerk shall promptly present the owner or occupant with an invoice indicating the cost of labor for said coverage or removal. If the invoice is not paid within 30 days of receipt, said cost and expense, as the same shall appear from said report, shall be a lien upon the premises abutting said sidewalk so reported to have been cleaned or covered as aforesaid until paid, as provided in § 111-20.
B.
The decision by the Commissioner of Public Works or his or her employees
to remove or not to remove snow, ice, dirt or other materials shall
not impose any liability upon the Town. Nothing in this article shall
require the Commissioner of Public Works to remove snow, ice dirt,
or other materials from any sidewalks. Any such act by the Commissioner
of Public Works, as provided for in this section, shall be within
the sole judgment of said Commissioner, which judgment shall be final.
The Town Board may, from time to time, by order,
require the repair of sidewalks along streets, roads, highways and
parkways in the Town and, with the consent of the County Superintendent
of Highways or the State Commissioner of Transportation, as the case
may be, abutting on a county or state highway, at the expense of the
abutting owners or otherwise, upon such notice and pursuant to the
authority of the requirements of § 130, Subdivision 4, and
§ 200-a of the Town Law of the state.
[Added 8-13-2019 by L.L.
No. 13-2019]
A.
The owner and occupant of premises abutting on any street where a
sidewalk has been laid shall keep the sidewalk in front of such premises
in good repair and in a safe condition for pedestrians at all times.
B.
Notwithstanding any other provision of law, the owner of real property
abutting any sidewalk shall be liable for any injury to property or
personal injury, including death, proximately caused by the failure
of such owner to maintain such sidewalk in a reasonable safe condition.
Failure of such owner to maintain such sidewalk in a reasonable safe
condition shall include, but not be limited to, the negligent failure
to install, construct, reconstruct, repave, repair or replace defective
sidewalk flags and the negligent failure to remove snow, ice, dirt
or other obstructions from the sidewalk.
C.
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 sidewalks in a reasonable
safe condition. This section shall not be construed to apply to the
liability of the Town as a property owner.
All sidewalks constructed along any privately
owned street, highway or parkway of a new development shall be subject
to these regulations and comply in all respects with the regulations
covering Town roads. Failure to comply with these regulations shall
constitute sufficient cause for the Town to reject any dedication
of such a street.
A.
Whenever the Town Board adopts an order directing
the abutting owners of the respective lots or parcels of land in front
of which it is desired that sidewalks be relaid or repaired in accordance
with this article, the Town Board shall specify the place, manner
and time within which the repair shall be completed, which time shall
not be less than 30 days from the adoption of the Town Board's order.
B.
The Town Clerk shall publish a notice of the Town Board's orders pursuant to Subsection A of this section, in a paper to be designated by the Town Board, at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work, and he shall serve a copy of the notice by certified mail within five days of adoption of order upon the owner or owners and by first class mail upon the occupant or occupants of the land in front of which it is desired that such repair shall be done.
A.
Whenever a notice to repair a sidewalk pursuant to
an order of the Town Board has been served upon an owner of a lot
or parcel of land in front of which it is desired that sidewalks be
relaid or repaired and the owner shall not cause the repair to be
made to the sidewalk or curb as required by the notice, the Superintendent
of Highways is hereby authorized and directed to cause the repair
to be made as required by notice.
B.
The Superintendent of Highways is hereby authorized
to perform such work or repair with his own forces, or cause a contract
to be let therefor, and to pay for the work out of the funds to be
appropriated by the Town Board for such purposes.
A.
The Town shall be reimbursed for the cost of relaying
or repairing any sidewalk when made by the Superintendent of Highways
pursuant to this article by the owner of the respective lot or parcel
of land in front of which the repair was made, by assessment upon
and collection from the lot or parcel of land termed benefited by
the repair; so much of the actual and complete cost upon and from
each lot as shall be in just proportion to the amount of the benefit
which the improvement shall confer upon the property, as determined
by the Town Board, and collected in the same manner and at the same
time as other special assessment and ad valorem Town charges.
B.
Whenever expenditures are made by the Town for repairing
sidewalks or removing from sidewalks ice, snow or other accumulations
thereon, which under this article are assessable upon the land affected
or improved thereby, the Board shall serve a notice of at least 10
days upon the owner or owners of such property, stating that such
expenditure has been made, its purpose and amount and that at a specified
time and place it will meet to make an assessment of the expenditure
upon such land. The Board shall meet at the time and place in such
notice specified. It shall hear and determine all objections that
may be made to such assessment, including the amount thereof, and
shall assess upon the land the amount which it may deem just and reasonable,
not exceeding, in case of default, the amount stated in the notice.
All the provisions of the Westchester County Tax Law covering the
enforcement and collection of unpaid taxes and assessments, not inconsistent
herewith, shall apply to the collection of such unpaid cost or expense.
In addition to the levy of the assessment, an action to recover the
amount may be maintained by the Town against the owner or occupant
liable therefor.
No sidewalk shall be constructed or permitted to be constructed or repaired along any street, road, highway or parkway in the Town unless such construction shall conform to the following specifications: All sidewalks shall be constructed with a minimum of four inches of Portland Cement Concrete Sidewalk Standard New York State Department of Transportation Specification Item 608.01 (January 3, 1978, as amended). The subgrade shall be at least six inches thick and conform to the New Castle Road Specifications for Subgrade, Chapter 109, Article VIII. The width shall be the same as existing or as ordered by the Town Engineer or by the Town Board pursuant to § 111-18.
The requirements of this article shall be in
addition to the permit required for street openings and obstructions
and shall be in addition to any permit required for any excavation
or curb cut permit if any is required.
Any person committing an offense against the
provisions of this article shall be guilty of a violation punishable
by a fine 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.
[Amended 3-27-2012 by L.L. No. 1-2012]
No sidewalk shall be constructed, repaired or
work thereon commenced until the owner of the premises in front of
which the sidewalk is to be constructed or repaired or the authorized
agent of the owner shall have obtained a permit therefor. Applications
for the permit required by this section shall be made, in writing,
to the Town Engineer in such form as may be required by the Town Board
and also submitted in an electronic file format. No permit required
by this section shall be issued without the approval of the Town Engineer,
endorsed on the application therefor, unless so directed by resolution
of the Town Board.
Whenever a sidewalk repair is made by contract let therefor by the Town Board, the provisions of § 111-24 shall not apply to the contractor for the work.
A permit issued pursuant to § 111-24 shall specify the lines of grades of the sidewalk to be constructed or repaired and such other directions as the circumstances may require and in form satisfactory to the Town Engineer.
Each applicant for a permit required by § 111-24 must file an insurance policy or certificate with the Town Engineer insuring the Town in the sum of $300,000 for personal injury and $50,000 for property damages.
