Town of North Hempstead, NY
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2024-02-06
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The Code
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Chapter 48 Sidewalks
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Article III Notice for Construction or Repair of Sidewalk or Curb
- The Code
- Ch 1 General Provisions
- Ch 2 Administration and Enforcement
- Ch 2A Unsafe Property and Buildings
- Ch 3 Attendance of Employees At Outside Meetings
- Ch 4 Appearance Tickets; Authority to Prosecute
- Ch 4A Balloons
- Ch 5 Bingo
- Ch 6 (Reserved)
- Ch 7 Building Code
- Ch 8 Building and Safety: Multiple Residence
- Ch 9 Building and Safety: Places of Assembly and Places of Public Assembly
- Ch 9A Building and Safety: Operating Permits
- Ch 10 Numbering of Buildings; Honorary Street Names
- Ch 10A Business Improvement Districts
- Ch 11 Cabarets, Restaurants and Other Places of Public Entertainment
- Ch 11A Cannabis
- Ch 12 Circuses
- Ch 12A Commercial Handbills
- Ch 13 Dealers in Secondhand Merchandise
- Ch 14 Dogs
- Ch 14A Domestic Partnerships, Registration of
- Ch 15 Elections On Propositions
- Ch 15A Election Districts
- Ch 15B Town Clerk; Term of Office
- Ch 16 Employee Organizations
- Ch 16A Ethics, Code of
- Ch 16B Anti-Nepotism
- Ch 17 Excavations, Hazardous
- Ch 18 Highway Excavations and Curb Cuts
- Ch 19 Explosives
- Ch 20 Environmental Quality Review
- Ch 20A Environmental Planning, Conservation and Care of Trees
- Ch 20B Environmental Trust Fund
- Ch 20C Manhasset Bay Improvement Fund
- Ch 20D Environmental Legacy Fund
- Ch 20E WTC Relief Fund
- Ch 21 Floodplain Management Regulations
- Ch 22 Fire Prevention
- Ch 22A Games of Chance
- Ch 23 Governmental Departments
- Ch 23A Exemption of Real Property Within Villages
- Ch 24 Governmental Operations
- Ch 25 Grading and Soil Removal
- Ch 26 Highways: Notice of Defect
- Ch 27 Historic Landmarks Preservation
- Ch 28 Housing, Rehabilitation and Property Maintenance Code
- Ch 28A Housing, Open
- Ch 29 Inflammable Materials
- Ch 29A Underground Storage of Flammable and Other Hazardous Liquids
- Ch 30 Security Gates On Premises Located Within Any Business District
- Ch 31 Junk Dealers
- Ch 32 Drop-Off Bins
- Ch 33 Launderettes
- Ch 34 Littering and Dumping
- Ch 35 Materials, Deposit of
- Ch 36 Movies and Filming
- Ch 37 Mechanical Bucking Devices
- Ch 38 Noise
- Ch 38A Landscaping and Gardening
- Ch 39 Regulation of Town Parks, Town Gardens and Town Docks
- Ch 39A Payroll Deductions
- Ch 40 Peddlers and Solicitors
- Ch 40A Personal Property, Abandonment of
- Ch 41 Plumbing
- Ch 41A (Reserved)
- Ch 41B Public Parking Fields
- Ch 42 Public Waterways; Structures
- Ch 43 Regulation of Public Spaces
- Ch 44 Regulation of Alcoholic Beverages
- Ch 44A Retirement Incentive Program
- Ch 45 Sand Bank and Pit Excavations
- Ch 46 Sanitation
- Ch 46A Stormwater Management and Sediment and Erosion Control
- Ch 47 Sewers
- Ch 47A Water
- Ch 47B Storm Sewers
- Ch 48 Sidewalks
- Ch 48 Art III Notice for Construction or Repair of Sidewalk or Curb
- § 48-5 Notice to be served.
- § 48-6 Failure to construct or repair sidewalk or curbs.
- § 48-7 Requirement for performance of work by the owner or owners.
- § 48-8 Construction and repair by contractor.
- § 48-9 Reimbursement for cost of construction and repair.
- Ch 49 Snow Removal, Snow Emergencies and Street Cleaning
- Ch 51 Taxation
- Ch 52 Taxicabs, Limousines and Private Livery Vehicles
- Ch 54 Tobacco
- Ch 55 Tow Trucks
- Ch 56 (Reserved)
- Ch 57 Town Facilities
- Ch 58 Governmental Transparency
- Ch 59 Town Lands, Shorefronts and Land Under Water
- Ch 59A Town Property: Notice of Defects
- Ch 60 Trade On Memorial Day
- Ch 61 Trespass
- Ch 62 Unattended Animals
- Ch 63 Unsafe Structures
- Ch 64 Utility Pole Space, Condemnation of
- Ch 64A Double Utility Poles, Removal of
- Ch 64B Utility Pole Hazardous Chemical Warning
- Ch 65 Vehicles and Traffic
- Ch 65A Vehicles, All-Terrain
- Ch 65B Failure to Stop for School Buses
- Ch 66 Skateboards, In-Line Skates and Similar Devices
- Ch 67 Bamboo
- Ch 69 Waterways and Regulation of Boats
- Ch 70 Zoning
- Ch 75 Wireless Telecommunications Facilities
- Appendix
- Ch 80 Locker Rental Fees For Town Beaches
- Ch 81 Fallout Shelter Rules and Regulations
- Ch 99 Miscellaneous Laws
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Art I General Provisions
- Art II Traffic Regulations
- Art III Parking, Standing and Stopping
- Art IV Off-Street Firesafety Parking Zones
- Art V Handicapped Parking
- Art VI Removal and Storage of Vehicles
- Art VII Miscellaneous Provisions
- Sch TC1 Traffic Control Signals
- Sch TC2 Speed Limits
- Sch TC3 School Speed Limits
- Sch TC4 One-Way Streets
- Sch TC5 U-Turn Prohibitions
- Sch TC6 Prohibited Turns At Intersections
- Sch TC7 Prohibited Right Turns On Red Signal
- Sch TC8 Stop Intersections
- Sch TC9 Yield Intersections
- Sch TC9A Gridlock Intersections
- Sch TC10 Trucks Over Certain Weights Excluded
- Sch TC11 Parking Prohibited At All Times
- Sch TC12 Parking of Commercial Vehicles Prohibited
- Sch TC13 Parking of Taxicabs Prohibited At All Times
- Sch TC14 No Stopping
- Sch TC15 No Standing
- Sch TC16 Parking Prohibited Certain Hours
- Sch TC17 No Stopping Certain Hours
- Sch TC18 No Standing Certain Hours
- Sch TC19 Time Limit Parking
- Sch TC20 Angle and Head-In Parking
- Sch TC21 Loading Zones
- Sch TC22 Taxi Stands
- Sch TC23 Bus Stops
- Sch TC24 Fire Lanes
- Sch TC25 Class A Fire Zones
- Sch TC26 Class B Fire Zones
- Sch TC27 Snow Emergency Routes
- Sch TC28 Commercial Vehicles Prohibited At All Times
- Sch TC29 Prohibited Street Entry
- Sch TC30 Lane Use Designations
- Sch TC31 Restricted Parking
- Sch TC32 (Reserved)
- Art IX Port Washington Public Parking District
- Art X Parking Area At Mary Jane Davies Green Park
- Art XI Prospect Avenue Parking Field
- Ch TCI Street Index
A.
Whenever the Town Board adopts an order or orders
directing the abutting owners of the respective lots or parcels of
land in front of which it is desired that sidewalks or curbs be built,
relaid or repaired to construct the same in accordance with this ordinance,
the Town Board shall specify the place, manner and time within which
such construction or repair shall be done, which time shall not be
less than forty-eight (48) hours.
B.
The Town Clerk shall publish a notice thereof in a
paper to be designated by the Town Board at least twice, the first
publication of which shall be at least fifteen (15) days before the
time specified before the completion of the work and he shall serve
a copy of such notice by registered mail upon the owner or owners,
occupant or occupants of the land in front of which it is desired
that such construction or repair shall be done.
Whenever a notice or notices referred to in § 48-5 hereof has been or have been served upon such owner or owners of the respective lots and parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired, and such owner or owners, occupant or occupants shall not cause the construction or repair to be made to the sidewalk or curb as required by the notice, the Superintendent of Highways is hereby authorized and directed to cause the construction and repair to be made as required by the notice. The Superintendent of Highways is hereby authorized to perform such work or repair with his own forces or cause a contract or contracts to be let therefor, and to pay therefor out of the funds to be appropriated by the Town Board for such purposes.
Whenever the owner or owners, occupant or occupants shall build, relay or repair the sidewalk or curb called for by said notice, he shall obtain a permit therefor as provided in § 48-4 of Article II. If the location where the construction or repair is to be made shall be upon a state highway, where the sidewalks or curbs have been constructed by the state, the permit shall be obtained from the Highway Division of the State Department of Public Works in accordance with the rules and regulations of that Department. The Superintendent of Highways may require such bonds or deposits and issue such permit subject to such terms and conditions as he may consider necessary for the protection of town property.
Whenever such construction and repair is made by contract let therefor under the provisions of § 48-6 of this Article, the provisions of this ordinance in respect to obtaining a permit and the powers of the Superintendent of Highways on the issuance of a permit shall apply to the contractor for such work.
The town shall be reimbursed for the cost of building, relaying or repairing any sidewalk or curb, when made as provided in § 48-6 of this Article, by the owner or owners of the respective lots and parcels of land in front of which such construction or repair was made, by assessment upon and collection from the lots or parcels of land termed benefited by such construction or repair, so much of the actual and complete cost upon and from each such lot or lots as shall be in just proportion to the amount of benefit which the improvements shall confer upon the same and collected in the same manner and at the same time as other ad valorem town charges.
