§ 18-28. Construction, repair, etc., of sidewalk or gutters, or sidewalk cellars or vaults, by commissioner of public works at owner's expense after notice; removal of snow or ice or repair of railroad crossings by city without notice; collection of expenses of same; time limits for removal of snow or ice.

1.

(a)

If any owner shall neglect or refuse to construct, reconstruct, renew, relay, repair or otherwise improve any sidewalk or gutter or reconstruct and/or backfill any sidewalk cellar or vault within the time limited therefor by said notice, the commissioner of public works shall forthwith construct, reconstruct, renew or relay such sidewalk or gutter or make such repairs or improvements or reconstruct and/or backfill such sidewalk cellar or vault without further notice and without any advertisement or receipt of bids or proposals therefor, in such manner as he shall deem proper and suitable and shall file a certificate of the expense thereof, with a description of the property in front of which such improvement was made, with the comptroller who shall certify the same to the assessors and the same shall thereupon be assessed by them upon such property and shall be assessed, paid, levied and collected in the manner provided by law for the assessment, payment, levy and collection of the cost of construction, and reconstruction of sidewalk and gutters or reconstruction and backfilling of sidewalk cellar or vaults. If any person shall neglect or refuse to clean or remove such snow or ice within the time period herein provided in paragraph (b) or other obstruction from any sidewalk or gutter whether such notice provided for in the last section shall have been given or not; or in case any railroad company shall neglect or refuse to pave, repave or repair between the tracks and the rails thereof and two (2) feet in width outside the rails thereof on any portion of any street in the manner and as said company is required to pave, repave or repair by law or the terms of any franchise granted to it by said city as directed by the commissioner of public works or the common council, or shall neglect or refuse to forthwith remove from any street the snow or ice thrown thereon from its tracks or any obstruction placed or permitted therein by it, the said commissioner of public works shall forthwith clean, repair, pave or repave such street, or part thereof, sidewalk or gutter or reconstruct and/or backfill such sidewalk cellar or vault or remove such ice, snow or obstruction in such manner as he shall deem proper and suitable. Whenever said commissioner shall do such cleaning or make such repairs or improvements or back fill or remove such ice, snow or obstruction, he shall file a certificate of the actual expense thereof with the comptroller who shall certify the same to the assessors and the owner of such railroad company including its rails, tracks, rolling stock, equipment and franchises and the same shall be assessed, levied and collected at the same time as and as a part of the general city tax.

(b)

(1)

Snow and ice shall be cleared or removed before 6:00 p.m. of the day following that such snow or ice shall have fallen, except as hereinafter provided.

(2)

Within the special assessment district, as defined by Chapter 38 of the Revised General Ordinances of the city of Syracuse, as amended, snow and ice shall be removed as follows: Snow and ice shall be cleaned or removed within four (4) hours after snow ceases to fall, except between 8:00 p.m. to 8:00 a.m. of the following day and Sundays. In the event of the accumulation of snow and snow ceases to fall:

(i)

Between 8:00 p.m. and 8:00 a.m. the following day, such snow shall be removed by 12:00 p.m. of said day except Sunday.

(ii)

On Sundays such snow shall be removed by 12:00 p.m. the following Monday.

2.

Nothing herein shall be deemed to supersede or limit any of the provisions of Sections 8, 9 and 10 [18-8, 18-9 and 18-10] hereof.

(N.Y. Laws 1905, Ch. 684, § 25; N.Y. Laws 1907, Ch. 542, § 1; N.Y. Laws 1908, Ch. 314, § 1; L.L. No. 1-1952, § 1; L.L. No. 1-1964, § 1; L.L. No. 2-1978, § 1; L.L. No. 10-1991, § 1)