[Adopted 9-24-1973 by L.L. No. 2-1973 (Ch. 133, Art. III,
of the 1976 Code)]
A.
The Village Board of the Village of Lancaster shall be authorized
to direct the Superintendent of Public Works or such other person,
partnership or corporation as it may deem necessary to repair, maintain
or construct crosswalks, sidewalks, curbs and/or gutters upon the
streets or adjacent to said streets within the Village of Lancaster.
B.
In authorizing that the above-mentioned repairs, maintenance or construction
be performed, the Village Board of the Village of Lancaster may prescribe
that the Superintendent of Public Works of the Village of Lancaster
or such other person, partnership or corporation as it shall deem
necessary shall direct and ascertain the manner of doing such work
and the kind of materials to be used therein. The Village Board of
the Village of Lancaster shall further direct or prescribe that said
persons shall inspect and approve of the above-mentioned work upon
the completion of same.
Such repairs, maintenance or construction of crosswalks, sidewalks,
curbs and gutters upon a street within the Village of Lancaster or
upon premises adjoining said street may be wholly at the expense of
said Village or the owner or occupants of the adjoining land or partly
at the expense of each.
If a crosswalk, sidewalk, curb or gutter is so required to be
constructed or repaired wholly at the expense of the owners or occupants
of adjoining lands, a notice specifying the place and manner and the
time, not less than 10 days in case of a new walk or not less than
24 hours in case of repairs, within which the crosswalk, sidewalk,
curb or gutter is required to be constructed or repaired shall be
served upon such owner or occupant. For the purpose of this section,
the owner or occupant of the adjoining premises in question shall
be deemed to have received effective notice if said notice was received
prior to September 1, 1973, and conformed to the requirements for
said notice as set forth in § 161 of the Village Law[1] of the State of New York at that time.
[1]
Editor's Note: This section of the old Village Law was omitted
in the new Village Law, effective 9-1-1973. Provisions regarding the
payment for construction of sidewalks can be found in § 6-620
of the new Village Law.
A.
If an owner or occupant shall not construct or repair the crosswalk,
sidewalk, curb or gutter as required by the notice as set forth in
the section above, the Board of Trustees may cause or authorize such
person as it deems necessary to cause the same to be constructed or
repaired and assess the expense thereof upon the adjoining land.
B.
If a crosswalk, sidewalk, curb or gutter is to be constructed or
repaired at the joint expense of the Village and the owner or occupant,
the Board of Trustees may cause the same to be constructed or repaired
and assess upon the adjoining land the proportion of the expenses
chargeable against same.
All grading done on crosswalks, sidewalks, curbs or gutters
laid or repaired by the owners of adjoining land shall be in accordance
with the specifications and under the direction and supervision of
the Board of Trustees of the Village of Lancaster or such other third
party as the Board shall designate to act in its behalf in said matter.
A.
Any or all assessments to be charged against landowners or occupants
pursuant to this section shall be made and collected and taxes levied
in the same manner as the regular Village tax of the Village of Lancaster,
that is to say that any or all expenses incurred in connection with
improvements to adjoining land shall be charged against said landowner,
and the charge for such improvements shall be treated as a portion
of the Village tax next becoming due in said Village of Lancaster.
B.
It is the intention of the Board of Trustees of the Village of Lancaster
that such assessment shall be charged against and payable by the person,
partnership or corporation having title to the premises upon which
the improvements were made at the time that the next tax bill becomes
due in the Village of Lancaster.
The Board of Trustees of the Village of Lancaster may, in its
discretion and where it sees fit, issue bonds of the Village to defray
the expense of any such work or improvement.
