[HISTORY: Adopted by the Town Board of the Town of Ossining 2-12-2002
by L.L. No. 3-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 172.
This chapter shall be known and may be cited as Chapter 162 of the Code of the Town of Ossining, or the "Sidewalk Ordinance of the Town of Ossining."
The owner and occupant of premises abutting on any street where a sidewalk
has been laid (hereinafter 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 7:00 p.m. and 7:00 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.
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 he 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 chapter 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.
Upon failure of such owner or occupant to comply with the provisions of § 162-2 and/or 162-3 of this chapter, the Superintendent of Highways 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 expense thereof with the Town Clerk. 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 cleared or covered as aforesaid until paid, as provided in § 162-10.
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 of New York.
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
chapter, 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 order 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 shall serve a copy of the notice by certified mail within five days of adoption of the 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 the 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 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 chapter 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 deemed 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 chapter 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 specification: 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 608.1 (January 3, 1978, as amended). The subgrade shall be at least six inches thick and conform to any and all Town road specifications for subgrade. The width shall be the same as existing or as ordered by the Town Engineer or by the Town Board pursuant to § 162-8.
The requirements of this chapter 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 chapter
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
chapter shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
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. 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.
