[HISTORY: Adopted by the Common Council of
the City of Peekskill 10-11-1994 (Ch. 257 of the 1984 Code); amended in its entirety 2-28-2022 by L.L. No. 2-2022. Subsequent amendments
noted where applicable.]
It shall be the duty of every lessee, occupant of the first
or ground floor or person having charge or, if there be no lessee,
occupant or person having charge, then the owner of each and every
parcel of real estate in the City of Peekskill abutting or bordering
upon any street, avenue, highway or other public place to remove or
cause to be removed all snow and ice from the sidewalk in front of
or adjacent to such premises to the full paved width of such sidewalk
within 24 hours after such snow or ice shall have fallen or accumulated
thereon for all residential properties, and within four hours after
such snow or ice shall have fallen or accumulated thereon for all
commercial and mixed-use properties, the time between 9:00 p.m. and
7:00 a.m. not being included in the above period of four hours for
commercial and mixed-use properties, provided that where footways
or sidewalks have not been paved or duly established, snow and ice
shall be removed to a width of not less than four feet from that portion
of the street or way which is used in common as a footway in such
street or way.
In case snow and ice on the sidewalk shall be frozen so hard
that it cannot be removed without injury to the pavement, the lessee,
occupant, person having charge or owner of every parcel of real estate
shall, within the time specified in the preceding section, cause the
sidewalk abutting or adjacent to such premises to be strewn and to
be kept strewn with salt, sand, sawdust or some other suitable material
and shall as soon thereafter as the weather shall permit thoroughly
clean such sidewalk.
It shall be unlawful for any person to throw, cast or blow,
or cause to be thrown, cast or blown by any means, any snow or ice
into any street, avenue, sidewalk, park or other public place in the
City.
The lessee, occupant or person having charge or, if there is
no lessee, occupant or person having charge, then the owner of any
building so located, abutting upon or near to any public street or
place that snow or ice may fall from the roof thereof shall cause
all snow and ice to be removed from such roof within 24 hours after
the same shall have ceased falling, forming or accumulating thereon
for all residential properties, and within four hours after such snow
or ice shall have fallen, formed, or accumulated thereon for all commercial
and mixed-use properties, or all properties shall provide suitable
guards so that the ice or snow shall not be discharged upon the sidewalk.
A.Â
It shall be the duty of the Director of City Services or his authorized
designee(s) to enforce this chapter. Where there has been a failure
to comply with the requirements of this chapter, the Director of Public
Works or his or her designee may, in his or her discretion, cause
such sidewalk to be cleaned of snow and/or ice, the cost of which
shall be charged to the owner of the property adjacent thereto together
with an additional 25% administrative fee for costs of inspection
and other incidental costs associated with removing the snow and/or
ice, 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 was performed
and collected by the City from the owner of such property in the same
manner as taxes are collected. The City may institute an action at
law against such owner, which remedy shall be in addition to the right
to assess the cost as a lien against the property.
B.Â
Should the snow and/or ice removal be performed by or on behalf of
the City pursuant to this chapter, the City shall advise the owner
in writing of the cost of such snow and/or ice removal, together with
a 25% administrative fee for costs of inspection and other incidental
costs associated with such snow and/or ice removal, and, subsequent
thereto, the owner shall have the right to request a hearing to challenge
the cost of the snow and/or ice removal within 14 days of the notice.
No costs assessed herein shall be added to the tax bill nor shall
any legal action be instituted by the City to recover such costs until
the owner(s) to be charged have been afforded an opportunity to be
heard at a hearing convened by the City Manager or the City Manager's
designee.
Any person violating this chapter shall, upon conviction thereof,
shall be fined as follows, all occurring in any calendar year over
any consecutive three-year period:
As used in this chapter, the following terms shall have the
meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Any City street, road or public place deemed impassible by
City snowplows or emergency service vehicles.
With the consent of the City Manager, the Director of City Services
shall be empowered to declare any street, road or public place as
a snow emergency street if deemed impassible by City snowplows or
emergency service vehicles. All parking shall be prohibited on said
street until such time that the snow or ice has been removed. The
Director of City Services shall make announcements through reasonable
and available means thereby advising residents of the snow emergency
street designation.
