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LL# 01-2007Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being; eliminated and do not use italics or underlining to indicate new matter. xt� ACX of---- APPinger----------------------------------------------- Town yfflip, Local Law No. ------------1---------------------- of the year 20__07_ A "Creating Article_ VII of Chapter -214__ aaf__the- _Towa_of__Wappa.nger local law --------------------- -- (Insert Title) ---------Code--Entitle--d, --"Sidewalk- - Maintenanng__--Remo-zaL_af__Snnw -and-.Ice ------------------------------------ -- - and Debris."" -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Be it enacted by the -------Town Board----------------------------------------------------------------- of the (Name o/Legislative Body) MODU X of____ Wappinger-----------------___-----______ as follows: Town--------------------------------------- K **TEXT COMMENCES ON NEXT PAGE** (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) (1) LOCAL LAW NO.1 OF THE YEAR 2007 A Local Law entitled "Local Law No. 1 of the Year 2007 Creating Article VII of Chapter 214 of the Town of Wappinger Code entitled, "Sidewalk Maintenance -Removal of Snow and Ice and Debris." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I• Title This Local Law shall be known and cited as "Local Law No. 1 of the Year 2007 Creating Article VII of Chapter 214 of the Town of Wappinger Code entitled, "Sidewalk Maintenance - Removal of Snow and Ice and Debris." This law shall also add fee and fine provisions related to removal of snow, ice, debris and other obstructions to be set forth in Chapter 122 of the Code. "ARTICLE VII SIDEWALK MAINTENANCE -REMOVAL OF SNOW AND ICE AND DEBRIS" Section 214-80: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. 1 of the Year 2007 Creating Article VII of Chapter 214 of the Town of Wappinger Code, entitled "Sidewalk Maintenance -Removal of Snow and Ice and Debris", which requires owners, occupants and other persons to remove snow and ice and debris from the sidewalks in front of or adjacent to the premises owned or occupied by them. Section 214-81: Legislative Intent: Both the Town Board and the Planning Board of the Town of Wappinger have committed to a program of requiring sidewalks to be constructed in various areas of the Town including Old Route 9 and Route 9. Once constructed, these sidewalks (and all sidewalks which are already in existence) must be appropriately maintained in order to provide for safe use by pedestrians. Therefore, the Town Board has determined that it is in the best interests of the residents of the Town, as well as the pedestrian public utilizing the sidewalks, to enact a Local Law to provide for the prompt removal of snow, ice, debris and other obstructions from all sidewalks located in the Town of Wappinger by owners and/or occupants of the premises adjacent to or abutting those sidewalks. The enactment of this Local Law will mandate the prompt removal of snow, ice, debris and other obstructions from all sidewalks located in the Town and establishes appropriate penalties and fines for the failure to abide by this Local Law. Section 214-82: Removal of Snow and Ice: A. Every owner, lessee, tenant, occupant or other person having charge of any premises adjacent, fronting or abutting upon a sidewalk including any unpaved area used as a sidewalk or walkway on any public street or public place in the Town of Wappinger shall remove dirt and other obstructions and within 24 hours after the cessation of every fall of snow or the formation of any ice on the sidewalk in front of or adjacent to said premises or abutting said premises, remove or cause the snow, ice or other obstructions and debris to be removed and/or cleared entirely from the said sidewalk. B. In case the snow or ice on any sidewalk in front of or adjacent to said premises or abutting said premises shall be frozen so hard that it cannot practically be removed or cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person or persons having charge thereof, shall, within the times and place hereinabove specified, cover or cause the abutting sidewalk to be covered and strewn with either sand, sand/salt mixture, or similar material and shall, as soon thereafter as weather will permit, thoroughly clean said sidewalk and remove the ice and snow therefrom. Section 214-83: Snow or Ice or Debris Falling from Buildings: No person shall permit snow, ice, water or debris to accumulate upon any building adjacent to, fronting on or abutting any street or sidewalk, and shall take all steps necessary to prevent such snow, ice, water or debris from falling on to any street or sidewalk. Section 214-84:Removal of Debris from Sidewalks: The owner and/or occupant of any premises shall keep or cause to be kept the sidewalk abutting upon, adjacent to or in front of said premises free from obstructions and nuisances of every kind and shall sweep and remove or cause to be swept or removed therefrom all garbage, refuse, filth, dirt, debris and other offensive material and shall keep such sidewalk free from garbage, refuse, filth, dirt, debris or other offensive material at all times. Section 214-85: Failure to Comply; Fees; Penalties: A. Where the snow, ice, garbage, refuse, filth, dirt, debris or other offensive material on the sidewalk in front of or adjacent to any premises or abutting any premises shall not be cleared or cleaned of snow, ice, garbage, refuse, filth, dirt, debris or other offensive material or covered with either sand, sand/salt mixture or other suitable material, within the time limits specified, then and in that event, the Town may proceed to so clean or cover the said sidewalk as provided in §214-82 and/or §214-84 hereof and the cost or expense of doing said work shall be ascertained by the Superintendent of Highways or his designee and a report thereof shall be forthwith filed in the Office of the Town Clerk. B. The cost of such work, including materials furnished, shall be reported by the Highway Superintendent or his designee, to the Town Clerk and shall be on file in the Office of the Town Clerk. The Town Clerk shall promptly provide a Notice of Lien to the owner and/or occupant, notifying them of the cost to remedy. Said Notice shall state that said costs and any and all costs incurred for the collection of those costs shall be a lien upon the premises. If the said cost is not paid on or before the first day of November, the amount thereof shall be levied as part of the tax to be collected upon the premises against which said costs shall be a lien as aforesaid. The same shall be included within the completed tax roll and collected as part of the taxes against the said premises and the total of the lien shall also include any administrative fees, costs and/or penalties assessed for late payment and costs incurred to collect the sum, including but not limited to legal fees and court costs incurred for collection of the lien. C. Any persons who shall violate any of the provisions of this Article or any rule or regulation made pursuant thereto or fails to comply with the provisions of this Article, shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122 - 16 of the Code and/or imprisonment not to exceed ten (10) days. For the first day after a non- compliance with this provision, the fine shall not exceed $100.00; if the non-compliance continues for a second day, the fine shall not exceed $200.00, and if the non-compliance continues for a third day, the fine is $250.00 for each day thereafter that this Article is violated. To promote compliance with the provisions of the Article, each day that a violation continues following notification shall be deemed a separate offense. The imposition of any fines shall not exempt the offender from further compliance with the provisions of this Article. Section 214-86: Civil Action by Town: Notwithstanding the foregoing, the Town may recover from any persons violating this Chapter, by appropriate civil action, the sum of money necessary to reimburse the Town for the cost of clearing the sidewalks from snow, ice or debris together with any administrative fees, costs, penalties assessed for late payment, and all costs incurred to collect such sums, including attorney's fees and disbursements." Section II: Chapter 122 — Fees and Fines: The Town of Wappinger Code § 122-16.K., FEE SCHEDULE, is hereby amended by adding a new sub -section (3) thereto as follows: "§122-16.K. Chapter 214, Streets and Sidewalks (3) Sidewalk Maintenance — removal of snow, ice and debris: §214-85 (c): Fine not to exceed $100.00 for the first day of non- compliance; if the non-compliance continues for a second day, the fine shall not exceed $200.00; if the non-compliance continues for a third day, the fine shall not exceed $250.00 for each day thereafter." Section III: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section IV: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1, (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ---------1------------------------- of 200Z___ of the (fbXX ((g(Town)( of_W4p_pAngeX ------------------------------------------------- was duly passed by the dawn__&oarsi_________________________ on --Jap.--a------- 2007--, in accordance with the applicable provisions of law. (Name of Legislative Body) 2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the ___________________________________________________ on ------------------ 20----, and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officer") to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20.--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20_____ - of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20-- , and was (approved)(not approved)(repassed after (Nam c of Legislative Body) disapproval) by the-------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Execulive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20--__ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20___--_ of the County of ____________________________________________________ State of New York, having been submitted to the electors at the General Election of November ______________________ 20____ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ----- 1------- above. (Seal) Cleryof the Count3fAegislative body, City, Town or Village Clerk or fi r designated by local legislative body J u C. Masterson, Town Clerk Date: 1 U% (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutche I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .,I s i , --�� / — Signature Albert P. Roberts — Attorney Title Ku$y X of Wappinger Town XUW Date: C, (3)