§ 49-8. Obstruction of fire hydrants prohibited.

A. 

Every owner, lessee, tenant, occupant, or other person in charge of any property within the Town, except one- or two-family dwellings, adjacent to which there is a fire hydrant, shall remove the snow and ice from around the hydrant for a distance of two feet, and between the sidewalk and curb, and to keep the fire hydrant free from snow and ice throughout the winter, within four hours after snow has ceased to fall. The period between 9:00 p.m. and 7:00 a.m. shall not be included in computing such requirements.

B. 

It shall be the duty of the owner, lessee, tenant, occupant, or other person in charge of any property within the Town, except one- or two-family dwellings, adjacent to which there is a fire hydrant, to notify the Town or its Highway Department if the fire hydrant cannot be cleared within the timeframe set forth in Subsection A hereinabove.

C. 

Upon the failure of the owner, lessee, tenant, occupant, or other person in charge of any property within the Town, except one- or two-family dwellings, adjacent to which there is a fire hydrant, to remove the snow and ice from around the fire hydrant in accordance with Subsection A hereof, the Town or its agent may provide for the removal thereof at the expense of the owner of the adjacent premises.

D. 

In a case where the Town or the Town's agent has removed such snow and ice in response to a failure to comply, the owner of the adjacent premises shall pay to the Town the costs and expenses of any such snow removal work so performed within 14 days of service of a demand for payment issued by the Town Attorney's office.

E. 

Upon the failure of the owner to pay such costs, the Town Superintendent of Highways shall certify the costs of any such snow removal work and provide same to the Town Attorney. Such costs and expenses shall be assessed against and recovered from the real property subject to action pursuant to this chapter, as designated by a resolution of the Town Board, and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. The provisions of this section, with respect to costs shall be in addition to any penalty imposed for violation of or noncompliance with any provision of this Code.

F. 

The owner shall have an opportunity to contest the removal costs and expenses set forth in the demand for payment issued by the Town Attorney's office upon written request made to the Town Attorney within 10 days of service of the demand for payment being issued by the Town.

Editor’s Note: This local law also redesignated former §§ 49-8 and 49-9 as §§ 49-11 and 49-12, respectively.

Added 11-15-2011 by L.L. No. 14-2011