§ 158-17. Cleaning of sidewalks; penalty., Article I. Miscellaneous Provisions, Chapter 158. Streets and Sidewalks, Part II. General Legislation, Code of Ordinances, Lockport, City

Cleaning requirements. Every person in charge or control of any building or lot of land within the City of Lockport, New York, whether as owner, tenant, occupant, lessee or otherwise, shall remove any snow and/or ice on any public sidewalk adjoining such building or lot of land owned or occupied by such person.

Notice. The Code Enforcement Officer/Chief Building Inspector is hereby authorized and empowered to notify, by regular mail and by affixing to the front door, the owner, agent, tenant, lessee or occupant of any open or vacant private property within the City or the agent of such owner, agent, lessee, tenant or other occupant to remove any snow and/or ice on any public sidewalk from the public sidewalks in front, one either side or in the rear of their property, which is dangerous to public health, safety or welfare or otherwise not in conformity with this section after making an inspection thereof. Such notice shall be in writing and be in substantially the following form:

"TO THE OWNER AND OCCUPANTS OF PROPERTY IN THE CITY OF LOCKPORT: Please take notice that you are hereby required to clean all snow and/or ice from all public sidewalks on the property owned or occupied by you and to comply with the ordinance of the City of Lockport relative to the removal of said snow and/or ice. In the event of your failure to remove such snow and/or ice, the Code Enforcement Officer/Chief Building Inspector or his duly designated representative may cause such snow and/or ice to be removed, and the cost thereof shall thereupon become and be a charge and lien upon your property and shall be collected the same as other taxes upon your property. If you wish to object to this determination, such objection must be received in writing to the Code Enforcement Officer/Chief Building Inspector within five business days of the date of this notice."

Failure to comply with notice.

(1)

Upon failure, neglect or refusal of any owner, agent, tenant, lessee or occupant, or agent thereof so notified to properly remove snow and/or ice or to object in writing to the Building Department within five business days from the date of notice provided for in § 158-17B above, the Building Inspector shall authorize and direct the appropriate City office, department, or designee to proceed to remove such snow and/or ice. In the event that the owner, agent, tenant, lessee, or occupant or agent shall object in writing within five business days to the Code Enforcement Officer/Building Inspector, the matter shall be referred to the Zoning Board of Appeals, which shall review the determination within 30 days from the date of receipt of any written objection. The determination of the Zoning Board of Appeals shall be final.

(2)

Should the removal be performed by or on behalf of the City after notice has been given pursuant to this section and the owner's time for compliance has run out, the City shall advise the owner in writing of the cost of such removal, together with an additional administrative fee of $150 for costs of inspection and other incidental costs associated with the removal and subsequent thereto, the owner shall have the right to request a hearing to the Zoning Board of Appeals to challenge the cost of such removal only within 10 business days of said notice. The cost of the removal as finally determined together with the administrative fee and all incidental costs shall be assessed as a lien against the affected property. Notice shall be given to the City Treasurer specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the City of Lockport, together with the costs incurred in undertaking such removal of snow and/or ice together with an additional administrative fee of $150 for costs of inspection and other incidental costs associated with the removal, and from the hour of filing, the amount of the charges specified in said notice to the City Treasurer shall be a line upon the property affected hereby. A copy of this notice shall be served by certified mail upon the owner of the affected property. The costs specified, if not paid by or on behalf of the owner within 30 days of notice, shall be added to and collected with the subsequent City property tax levy, and shall bear interest and be enforced as provided by law for other City taxes.

Person. The word "person," as used in this section, shall mean and include one or more natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.