[Adopted 7-6-1936 by Ord. No. 21 (Ch. 112, Art. III, of the 1981 Code)]
Every owner and occupant of any lot or other property abutting on any public street in the Village of Great Neck Estates is hereby required to keep the sidewalks in front of such premises in a condition safe for public travel and to repair and remedy all defects therein.
All of such work shall be performed to the satisfaction of the Village Engineer, who is hereby empowered to give such notices, orders and directions as may be necessary or appropriate to keep such sidewalks in a condition safe for public travel or for the repair and remedying of any defect therein.[1]
[1]
Editor's Note: Former § 112-12, Penalties for offenses, which immediately followed this section, was repealed 3-10-1997 by L.L. No. 3-1997. See now § 1-1.
[Added 11-3-2004 by L.L. No. 6-2004]
In addition to any penalties otherwise provided by law for violations of this Code, any person who violates the provisions of this article shall be responsible civilly to any person injured, or who sustains property damage, by reason of such violation, and also shall be liable to the Village of Great Neck Estates for, and shall hold the Village of Great Neck Estates harmless from and indemnify the Village against, any and all expenses or liability arising out of such violation.
[Added 11-3-2004 by L.L. No. 6-2004]
Where an owner or occupant of adjoining property has repaired or replaced a sidewalk, or portion thereof, as required by § 191-8 of this Code, on or after five years prior to the effective date of this section, and within five years thereafter the repaired or replaced portion of the sidewalk subsequently is damaged by the root system of a tree or trees in the public right-of-way, the owner or occupant of the adjoining property may make written application to the Board of Trustees for waiver of the requirement for repair of such sidewalk or portion thereof at the expense of the owner or occupant. Such waiver may be granted by the Board only after making a determination that the resulting damage to the sidewalk occurred after a prior repair or replacement as provided herein, and has been caused by a tree or trees in the public right-of-way. Neither this section, nor any waiver granted pursuant to this section, shall supersede the provisions of § 191-9.1.