ARTICLE I, General Regulations

Text relating to property maintenance has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

ARTICLE I, General Regulations

Chapter 197, Streets and Sidewalks

§ 197-1. Obstruction of drains and sewers prohibited.

No person shall cast or throw or cause to be cast or thrown into any of the ditches, drains or sewers within the village any straw, shavings, wood, stone, shells, rubbish, ashes or any other substance which may cause any obstruction, nuisance or injury in or to the same, by diverting or stopping the course thereof or otherwise.

§ 197-2. Removal of street material prohibited.

No person shall remove or carry away or cause to be removed or carried away any stone, earth, sand, gravel, paving material or curbing which may form a part of any public street, highway, lane or public place without the written permission of the Superintendent of Public Works or other official designated by the Board of Trustees.

§ 197-3. Maintenance and care of sidewalks.

The purpose of a sidewalk is to provide for safe passage out of the public street. Likewise, maintenance of sidewalks is crucial to the purpose of safe passage.

A. Duty. In addition to the requirements of snow removal set forth in § 197-3.2 herein, every owner or occupant of any house or other building and every person owning or having charge of a vacant lot shall, at all times throughout the year, keep the sidewalks in front of such house, building or lot free from dirt, fifth, obstructions and other encumbrances which might impair safe passage.

(1) Said maintenance includes repair and/or replacement of cracked or broken sidewalks which create uneven surfaces impairing safe passage. Repair and/or replacement shall be made with building materials similar to the adjoining properties.

(2) Existing sidewalks shall not be removed or replaced by lawn or garden areas.

B. Liability. All persons violating this section and failing to perform the duty herein imposed shall be solely liable for such injuries/damages caused to persons or property resulting from the violation of said duty.

C. Indemnity. All persons violating this section shall indemnify and hold the village harmless for any and all claims and/or causes of action for any injuries/damages occurring as a result of said violation of the duty imposed.

§ 197-3.1. Maintenance of steps, walkways, driveways and parking spaces.

A. Duty. Maintenance of steps, walkways, driveways and parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.

B. Liability. All persons violating this section and failing to perform the duty herein imposed shall be solely liable for such injuries/damages caused to persons or property resulting from the violation of said duty.

C. Indemnity. All persons violating this section shall indemnify and hold the village harmless for any and all claims and/or causes of action for any injuries/damages occurring as a result of said violation of the duty imposed.

§ 197-3.2. Removal of snow and ice.

A. Putting snow on streets and sidewalks. It shall be unlawful for any person to plow or push snow or ice from private premises onto the public streets, sidewalks or highways of the village.

B. Snow removal from sidewalks in corporation tax district.

(1) Duty. It shall be the duty of every property owner and every person in possession of property in the corporation tax district of the Village of Ilion to remove the snow from all sidewalks bordering any portion of said property within twenty-four (24) hours after any snowfall in excess of two (2) inches and to remove all ice which has formed on said sidewalk or to make said sidewalk safe by applying sand or another suitable substance within eight (8) hours after said ice forms or prior to 8:00 a.m. the following day, whichever is later.

(2) Assistance by the village. No plowing of sidewalks by the Department of Public Works shall relieve said person in possession of said property from their herein imposed duty and primary responsibility of keeping said sidewalks free from snow and ice.

(3) Liability. All persons violating this section and failing to perform the duty herein imposed shall be solely liable for such injuries/damages caused to persons or property resulting from the violation of said duty.

(4) Indemnity. All persons violating this section shall indemnify and hold the village harmless for any and all claims and/or causes of action for any injuries/damages occurring as a result of said violation of the duty imposed.

§ 197-3.3. Enforcement

A. Enforcement.

(1) Whenever a violation of this chapter shall appear to exist, any person may file a complaint with the Village Clerk, the Village Police Department or the Codes Enforcement Department and the Codes Officers thereof, in writing, and the Codes Enforcement Officers and/or the Village Police Officers shall promptly investigate the same and take the appropriate action to correct any violations.

(2) The Codes Enforcement Officers and the Village Police Officers of the Village of Ilion hereby have full authority to investigate all violations of this chapter with and/or without receiving any complaints regarding any violations of the same. All investigations will be conducted under the general rules and conduct and in accordance with the Criminal Procedure Law and Penal Law of the State of New York.

(3) Any person found in violation of a provision of this chapter may be issued a warning (“Warning”).

(4) If the person upon whom the Warning is served fails, neglects or refuses to comply with said Warning within twenty four (24) hours, the Village may serve a notice of fine (“Notice of Fine”) upon the owner. The terms of payment for the fine are set forth in Schedule C. Every twenty four (24) hours that a violation of this chapter continues shall be and does hereby constitute a separate and distinct offense.

(5) If the owner, occupant, corporation, agent, tenant, lessee and/or person in control and responsible fails to comply within twenty-four (24) hours of receipt thereof of said Warning, the village, may remedy the violation on its own. In addition, any person violating this Article shall be subject to the penalties prescribed in Schedule C.

(6) At any time after the service of a Notice of Fine the Village may, but is under no obligation to, issue an appearance ticket to the owner to appear in the proper court of jurisdiction that may subject the owner to additional penalties and demands set forth by the court.

§ 197-4. Penalties for offenses.

A. Penalties for violating provisions of this chapter are provided in Schedule C.

B. Property owner. For any person who is a property owner in the village, whether a person, firm or corporation, who or which violates the provisions of this chapter, the village may cause the violation to be corrected. Any and all work required to be performed and the cost thereof, plus fifty percent (50%) for administration and supervision added thereto, shall become a lien upon the property owner's property on/near where said work was performed or violation occurred and shall be added to become a part of the taxes next to be assessed and levied upon said property and shall be collected and enforced in the same manner as taxes.

B. Not property owner. Any person who is not a property owner, whether a person, a firm or a corporation, who or which violates any provision of this chapter shall be liable for a civil penalty of not more than two hundred dollars ($200.) per day for each day or part thereof during which such violation continues.