City Council:
AN ORDINANCE AMENDING CHAPTER 227,
§227-56 OF THE CITY CODE OF THE CITY
OF MOUNT VERNON, ENTITLED “SIDEWALK
MAINTENANCE; REMOVAL OF SNOW AND ICE”
(Sidewalk Maintenance; Removal of Snow and Ice - Penalty Provision)
WHEREAS, Chapter 227, §227-56 of the City Code of the City of Mount Vernon establishes the responsibility of owners and lessees of property abutting public streets to maintain adjoining sidewalks in a safe and sanitary condition, including the timely removal of snow and ice; and
WHEREAS, Section 227-56 currently relies upon the general penalty provisions of the City Code for enforcement, rather than including a specific penalty within the section itself; and
WHEREAS, the Department of Public Works has determined that the addition of a clearly stated penalty within Section 227-56 will promote consistent enforcement and provide clear notice of the consequences for noncompliance; and
WHEREAS, the proposed amendment does not alter the substantive maintenance or snow and ice removal requirements set forth in Section 227-56, but solely adds a fixed penalty provision; and
WHEREAS, the City Council finds that the proposed amendment is in the best interest of the health, safety, and welfare of the residents of the City of Mount Vernon;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Amendment to City Code Chapter 227, §227-56. Chapter 227, §227-56 of the City Code of the City of Mount Vernon is hereby amended to add the following penalty provision, to read as follows:
§227-56 - Sidewalk maintenance; removal of snow and ice.
Every owner or lessee of any premises abutting on any street shall keep the contiguous sidewalks free from dirt, filth, weeds, or other obstructions or encumbrances and shall also maintain the contiguous sidewalk in good condition, free from any defects or other dangerous conditions, and perform all repairs necessary thereto. Said owner or lessee shall have the further duty of causing the entire area of such sidewalks in front of such premises to be cleared of snow and ice within 12 hours after such snowfall has ceased or ice has formed. Whenever any ice forms upon such sidewalk, it shall be the duty of such owner or lessee to place thereon sufficient sifted ashes, sand, or salt to prevent persons from slipping until such ice shall be wholly removed.
Any owner or lessee who violates the provisions of this section shall be subject to a fine of two hundred fifty dollars ($250) for each offense. Each day that the violation continues after the required compliance period shall constitute a separate offense.
Section 2. Severability. If any clause, sentence, paragraph, subdivision, or part of this ordinance or its application shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part thereof directly involved in the controversy.
Section 3. Effective Date. This ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate & Contract.
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