,.

City of Rochester
City Hall Room 308A, 30 Church Street
Rochester, New York 14614-1 290
www.cityofrochester.gov

PARKS & PUBLIC WORKS

INTRODUCTORY NO.

Lovely A. Warren
Mayor

4L4%

November 25, 2015

TO THE COUNCIL
Ladies and Gentlemen:
Re: Code Amendment Responsibility for
Maintaining Sidewalks Free of Snow and Ice

Transmitted herewith for your approval is legislation amending the City Code, Chapter 104,11(C), Responsibility for Maintaining Sidewalks Free of Obstructions and Snow and ice, with
regard to the responsibility for maintaining sidewalks free of snow and ice.
The Code currently indicates that the person occupying the ground floor of a building and the
owner of a building or lot must keep the sidewalks adjoining such building or lot free and clear
from snow and ice. The proposed legislation will amend the language to make the property
owner solely liable for this responsibility.
Res ectfully submitted,

arren
Mayor

Phone: 585.428.7045

Fax: 585.428.6059

TTY: 585.428.6054

EEO/ADA Employer

WOUTORY

-i
Ordinance No.

Amending chapter 104 of the Municipal Code as it relates the responsibility of

maintaining sidewalks free of obstructions and snow and ice
BE IT ORDAINED, by the Council of the City of Rochester as follows:
Section 1. Chapter 104 section 11 of the Municipal Code of the City of
Rochester, as amended, is hereby further amended as follows:
a) 104-11C
The poron occupying the ground floor of a building and the owner of a building
or lot must keep the sidewalks adjoining such building or lot free and clear from
snow and ice and must not suffer or permit snow or ice to collect or remain on
such sidewalk later than 9:00 a.m. if such snow shall have fallen or collected
after 8:00 p.m. of the previous evening; or later than 8:00 p.m. if such snow shall
have fallen and collected after 9:00 a.m. When the snow is removed from
sidewalks by City contractors or City employees using plows, it shall be the duty
of the occupant and owner to remove the snow and ice remaining after such
plows have gone through. The portion of the sidewalk required to be kept free
from snow and ice is the portion thereof which is paved, if any, and if no portion
is paved, a space at least four feet in width shall be kept free and clear as stated
above.
Section 2. This ordinance shall take effect immediately.

Strike out indicates deleted text, new text in underlined

City of Rochester

PAFKS & PUBIJC WQkK

INTRODUCTORY NO.

City Hall Room 308A, 30 Church Street

Rochester, New York 14614-1290
www.cityofrochester.gov

Lovely A Warren
Mayor

November 25, 2015

TO THE COUNCIL
Ladies and Gentlemen:
Re: Code Amendment Municipal Code Violations
Bureau, Penalties for Offenses

Transmitted herewith for your approval is legislation increasing several fines contained in City
Code Chapter 13A-11(A), 13A-11(B) and 13A-F(3).
The following amendments are proposed under the legislation:
1) 1 3A-1 1(A)

Initial Penalty

First offense
Second offense
Third and Subsequent Offenses

$25
$36
$65

2) 1 3A-1 1(B)

Initial Penalty

First offense
Second offense
Third and Subsequent Offenses

$7-5
$150
$375

3)

1 3A-1 1 F(3)

First offense
Second offense
Third and Subsequent Offenses

$50
$70
$130

$150
$300
$750

Penalty Upon Default

$50
$70
$130

$100
$140

$260

Penalty Upon Default

$150
$300
$750

$300
$600
$1,500

Initial Penalty

Penalty Upon Default

Warning $50
$70
$25
$130
$60

$Warning
$30
$100

$100
$140
$260

The legislation also provides language that affords the ability to add to taxes, pursuant to Chapter
6-94 of the City Charter, any unpaid judgments against property owners resulting from violations
of the City Code at Chapter 1 04-1 1, Responsibility for Maintaining Sidewalks Free of Obstructions
and Snow and Ice.
Resp cttully submitted,

l.arr

Phone: 585.428.7045

Fax: 585.428.6059

TTY: 585.428.6054

EEO/ADA Employer

Code Amendment: Chapter 1 3A

Increasing Fines

Code sections affected by the proposed fine increases are below.

Fine Schedule 13A-11(A)

>
>
>
>
>

Chapter 20 Article II Refuse Collection (DES) (Except for Illegal Dumping)

Chapter 27-9A Alarm System (RPD, RFD)
Chapter 34 Bicycle (RPD)
Chapter 35 Bill Posting (RPD)
Chapter 61 House Numbering (RFD)
Chapter 69 Littering (RPD, NBD)
> Chapter 79 Parks (DRYS, RPD)
Chapter 104 Streets and Encroachments (DES) (Except for those sections listed in
104-26 C-see below)
-

Schedule 13A-11(B)

Chapter 20 Article Ill Collection of Commercial Refuse & Recyclables (DES)

> Chapter 54 Fire Prevention Code (RFD)
> Chapter 104 The following sections as per 1 04-26C (DES)
104-10 Hindering or obstructing improvements
104-12 Excavations near street
.104-13 Excavations in streets
104-14 Traffic control devices and detours around street work
104-15 Permit required for construction or repair
104-16 Restoration of streets and public places
104-22 Interference with survey monuments
104-23 Moving buildings along street
.104-24 Street obstructions
104-25 Driveways and curb cuts

Schedule 13A-11(F)

Chapter 20 Article IV Recycling and Recyclables

(DES)

l-7
NTRODUCTORY NO

Ordinance No.
Amending Chapter 1 3A of the Municipal Code as it relates to penalties for
offenses.
BE IT ORDAINED, by the Council of the City of Rochester as follows:
Section 1. Chapter 1 3A of the Municipal Code of the City of Rochester is hereby
amended by increasing the penalties as follows:
13A-11 Penalties for offenses
1) 13A-IIA

Initial Penalty

Penalty Upon Default

First offense
Second offense
Third and Subsequent Offenses

$25
$35
$65

$50
$70
$130

2) 1 3A-1 I B

Initial Penalty

First offense
Second offense
Third and SubsequentOffenses

$75
$150
$375

3) 1 3A-1 I F3

Initial Penalty

Penalty Upon Default

First offense
Second offense
Third and Subsequent Offenses

Warning
$25
ZQ
$130
$50

$Warning
$50
$100

Z.Q
$130

$150
$300
$750

Section 2. This ordinance shall take effect immediately.

Strikeout indicated deleted text, new text is underlined.

$100
$140
$260

Penalty Upon Default

$150
$300
$750

$300
$600
$1,500

$100
$140
$260