[Adopted 5-9-1977 as L.L. No. 1-1977]
[Amended 1-22-1996 by L.L. No. 1-1996]
No civil action shall be maintained against
the Town or the Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge,
culvert or sidewalk being defective, out of repair, unsafe, dangerous
or obstructed, unless written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge, culvert or sidewalk
was actually given to the Town Clerk or Town Superintendent of Highways
and there was a failure or neglect, within a reasonable time after
the giving of such notice, to repair or remove the defect, danger
or obstruction complained of; and no such action shall be maintained
for damages or injuries to person or property sustained solely in
consequence of the existence of snow or ice upon any highway, bridge,
culvert or sidewalk, unless written notice thereof, specifying the
particular place, was actually given to the Town Clerk or Town Superintendent
of Highways and there was a failure or neglect to cause such snow
or ice to be removed or to make the place otherwise reasonably safe
within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit,
in writing, to the Town Clerk, within five (5) days after the receipt
thereof, all written notices received by him pursuant to this Article
and Subdivision 2 of § 65-a of the Town Law. The Town Clerk
shall cause all written notices received by him or her pursuant to
this Article and Subdivision 2 of § 65-a of the Town Law
to be presented to the Town Board within five (5) days of the receipt
thereof or at the next succeeding Town Board meeting, whichever shall
be sooner.
This Article shall supersede, in its application
to the Town of Victor, Subdivisions 1 and 3 of § 65-a of
the Town Law.
[Added 1-22-1996 by L.L.
No. 1-1996]
The Town Clerk shall keep an indexed record
of all written notices received, to be preserved for five (5) years,
pursuant to Subdivision 4 of § 65-a of the Town Law.
[Amended 1-22-1996 by L.L. No. 1-1996; 8-22-2022 by L.L. No. 3-2022]
The Town is responsible for maintaining safe
and adequate sidewalks for pedestrian use by regulating the manner
of construction, reconstruction, repair and maintenance of sidewalks
and the materials to be used and the grades and widths thereof. Every
owner of any real property shall keep the sidewalks their full width
in front of or by the side of such house or other building and the
lot or vacant lot free from ice, snow, dirt, rubbish or other obstruction.
No vehicle shall be permitted to be parked in such a manner as to
block or interfere with the use of any sidewalk within the Town.
[Added 8-22-2022 by L.L. No. 3-2022]
The provisions of this article may be enforced by any officer
of the Town of Victor appointed to carry out such duties by the Victor
Town Board.
A. Commencement
of proceedings. Any owner of real property which is found to be in
violation of this article may be issued an appearance ticket for such
violation and shall be prosecuted in the manner herein provided.
B. Appearance
tickets and process. Any person authorized to enforce this article
may issue appearance tickets therefor and is hereby authorized to
serve any process relating to any proceeding pursuant to this article.
In the event that an appearance ticket is unanswered, the Justice
Court shall permit the filing of information from the appropriate
enforcement officer and issue a warrant of arrest for the alleged
violator.
C. Prosecution
of violations. A violation of this article shall be punishable by
a fine of not more than $25, except that for a second violation of
this article the fine shall be not more than $50 and for a third or
subsequent violation of this article the fine shall be not more than
$100. Each day during which a property shall be found not in compliance
with the posting standards set forth herein shall be deemed a separate
and distinct violation of this article.