[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 10-2-1984 as L.L. No. 8-1984. Amendments
noted where applicable.]
It shall be the duty of the owner of every lot
or piece of land in the Village of Pelham to keep the sidewalks in
front of the premises owned by him, them or it at all times in good
repair and in a safe condition for public use and free from all obstructions
or encumbrances so as to permit the public use thereof in an easy
and commodious manner.
[Amended 4-8-2008 by L.L. No. 4-2008]
A.
When in the judgment of the Village Administrator,
any sidewalk and/or curb in the Village requires repair or replacement,
the Village shall notify the owner of the property adjoining such
sidewalk and/or curb that the sidewalk and/or curb must be repaired
or replaced. Such written notice shall be served on the property owner
personally or by mail. Where there are two or more owners, service
upon one of them shall be sufficient.
B.
Within 45 days from the service of the notice to repair
or replace a sidewalk and/or curb, the owner or owners of the property
must obtain a permit to repair or replace such sidewalk and/or curb,
pay the permit fee and refundable deposit set by resolution of the
Board of Trustees, and complete the necessary repairs and/or replacement
in accordance with the specifications on file in the office of the
Building Department. After the Building Inspector has conducted an
inspection and approved all the work done, the deposit will be refunded.
If any owner or owners shall neglect or refuse
to repair or improve such sidewalk and/or curb within the time limited
therefor by said notice, the Village of Pelham shall forthwith make
such repairs or improvements in such manner as it shall deem proper
and suitable and shall file a certificate of the expense thereof,
together with a description of the property in front of which such
improvement or repairs were made, with the Village Clerk-Treasurer
who shall certify the same to the Board of Trustees at the next regular
meeting thereafter. The expense of making such improvement or repairs
shall be paid by the owner of the property abutting on the sidewalk
and/or curb so improved or repaired and may be collected in an action
at law or assessed upon the adjoining land. Such assessments shall
be made and taxes levied as provided by the Village Law.
The Village Board may, be resolution and without
further public hearing, assume such percentage of the cost of any
sidewalk and/or a curb repair under such program as the Board, in
its sole judgment, should decide; and further, that although the village
may determine the amount which the taxpayer will pay and the amount
the village will pay, in no event will there be assessed to the taxpayer
an amount in excess of what he would pay under a voluntary program
on a 50/50 basis as described below. Said 50/50 program or any other
sharing of the percentage of the cost of repair or improvements of
sidewalks and/or curbs shall apply only to sidewalks and curbs which
adjoin or abut commercial or rental residential properties within
the village.
The voluntary 50/50 cost sharing program shall
be as follows:
A.
Where only a sidewalk is to be repaired, the village
will pay fifty percent (50%) and the owner will pay fifty percent
(50%) of the cost of such sidewalk repair.
B.
Where a sidewalk and curb of same property are to
be repaired, the village will pay 50% and the owner will pay 50% of
the cost of such sidewalk and curb repair.
C.
Where only a curb is to be repaired, either because
no sidewalk exists on the property or if it does so exist, it has
been determined by the Village Engineer that repairs to the sidewalk
are not needed, then the village will pay 50% and the owner will pay
50% of the cost of such curb repair.
The voluntary 50/50 cost sharing program shall
be administered under the direction and discretion of the Village
Administrator; provided, however, that if insufficient funds are available
in the current yearly budget to complete repairs for all interested
applicants, the Board of Trustees shall have the sole power and discretion
to determine priorities thereof.
The Board of Trustees shall by general resolution
establish a fee schedule fixing the amount to be paid to the village
for repair of sidewalks and curbs. Such fee schedule so established
may be amended from time to time by resolution of the Board of Trustees.
This chapter shall take effect immediately upon
filing with the Secretary of State.
