It shall be unlawful for any owner or occupant
of land or premises adjoining a sidewalk in the village to permit
any snow, ice, dirt or debris to remain upon such sidewalk.
[Amended 3-11-2008 by L.L. No. 2-2008]
It shall be unlawful for any person to permit
snow or ice to accumulate upon any building where it may pose a safety
hazard to persons on any street, sidewalk, or public space in the
Village, and it shall also be unlawful for any person to permit snow,
ice or water to fall from such building upon any street or sidewalk.
[Added 3-11-2008 by L.L. No. 2-2008]
Upon due notice, should the owner or occupant
of any building fail to remove any hazardous snow or ice from the
building within 24 hours, the Village may remedy the abatement of
such condition, and the total cost thereof shall be assessed upon
the real property on which the hazardous condition is found. Such
cost shall constitute a lien and charge on the real property on which
it is levied until paid or otherwise satisfied or discharged and shall
be collected in the manner provided by law for the collection of delinquent
taxes.
[Added 3-11-2008 by L.L. No. 2-2008]
Hazardous snow or ice conditions which pose an imminent threat to life or safety may be removed immediately, and the cost thereof shall be assessed and collected as provided in § 176-6.1.
A.
Criminal penalty. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this article
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
article shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
