[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 161 of the 1983 Code. Amendments noted where applicable.]
[Amended 3-8-1999 by L.L. No. 1-1999]
Section 6-628 of the Village Law, as it applies
to the Town/Village of East Rochester, New York, is hereby amended
to read as follows:
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§ 6-628. Liability of Town/Village
in certain actions. No civil action shall be brought or maintained
against the Town/Village of East Rochester for damages or injuries
to person or property sustained in consequence of any street, highway,
bridge, culvert, sidewalk or crosswalk being defective, out of repair,
unsafe, dangerous or obstructed or in consequence of the existence
or accumulation of snow or ice upon any street, highway, bridge, culvert,
sidewalk or crosswalk, unless written notice of the existence of such
condition, relating to the particular place, had theretofore actually
been given to the Board of Trustees of the Town/Village of East Rochester,
New York, and there had been a failure or neglect on the part of said
Town/Village to cause such condition to be corrected or such snow
or ice to be removed, or the place otherwise made reasonably safe
within a reasonable time after the receipt of such notice.
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Nothing herein contained, however, shall be
held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the Town/Village
of East Rochester, New York.
As used in this article, the following terms
shall have the meanings indicated:
Such Superintendent, if there is one; and if there is none,
the Mayor or his duly designated appointee.
[Amended 12-10-2001 by L.L. No. 2-2001]
A.
It shall be the duty of every owner or occupant of
any premises fronting on any public street or grounds to keep the
sidewalk in front of the same in good order and repair.
B.
Under this section, the condition of sidewalks shall
be determined by the following criteria:
(1)
"Hazardous sidewalk" shall be defined as that in which
there is a difference in elevation of 1 1/2 inches between a
joint or a crack, in the slab or between the slabs, or that a portion
of the sidewalk is so badly pitted, broken or deteriorated as to present
a tripping hazard.
(2)
"Vertically misaligned slabs" shall be defined as
a difference greater than 1 1/2 inches in elevation of adjacent
sidewalk slabs.
(3)
"Pitted slabs" shall be defined as loose or pitted
concrete which has resulted in surface irregularities greater than
1/2 inch in depth relative to the sidewalk surface over more than
25% of the sidewalk slab.
(4)
"Cracked slabs" shall be defined as sidewalk slabs
with cracks which have resulted in a difference of elevation of 1/2
inch or greater, or more than one crack in a slab, or longitudinal
cracks of 1/2 inch or wider.
(5)
"Settled walk" shall be defined as a sidewalk that
has settlement of 1 1/2 inches or more over a ten-foot span.
The depth of settlement will be determined by measuring parallel to
the street on adjacent unsettled walk to the lowest point of the settled
walk. Settled walk will not be considered as hazardous if there is
proper drainage of the settled area.
(6)
"Heaved walk at trees" shall be defined as walk slabs
heaved 1 1/2 inches or more by tree roots. Walks will be removed,
roots cut and removed walk slabs replaced. Walk slabs will be arched
around larger trees as needed to protect the tree.
C.
Procedures. The Board of Trustees, after consultation
with the Superintendent of Public Works, will create procedures for
the maintenance and/or repair of sidewalks and from time to time modify
those procedures as needed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall obstruct or endanger, or place
or permit anything to obstruct or endanger, the free passage or proper
use of the public of any street, sidewalk, crosswalk, bridge or entrance
to any church, theater, hotel, school or public hall or building,
except as may be necessary while loading or unloading any goods, merchandise,
materials or persons, except as may be permitted by the Superintendent
of Public Works as hereinafter set forth.
A.
No person shall plant, injure, deface, trim or cut
down any tree or shrub in a public street, park or place, or attach
any guy wire thereto, nor affix, attach or post thereon or hang therefrom
any sign, banner, advertisement or anything else whatsoever, without
the written consent of the Building Inspector or such official as
may be designated by the Board of Trustees.
B.
When a permit is given by the Building Inspector to
a telephone, telegraph, electric power or other public service corporation
to trim trees, the amount of such trimming shall be limited by the
actual necessities of the service of the company. Such trimming shall
be done in a neat and workmanlike manner, with a saw and not with
an ax or hatchet, and in accordance with any conditions set forth
in said permit. An employee or agent of the public service corporation
operating under such permit shall, upon request of any householder,
forthwith give to said householder his full name and address and the
name of the corporation by whom he is employed and for whose benefit
such work is being done.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall deposit, scatter or throw dirt,
ashes, wastepaper, rags, boxes, bottles, cans, yard rakings, mowed
grass, shrub, hedge and tree trimmings, vegetables, fruit, fruit skins,
snow, leaves or other materials in or onto any street or sidewalk,
or otherwise interfere with, hinder or obstruct any sewer.
The person occupying the ground floor of a building,
and the owner of a vacant building or lot, shall keep the sidewalks
adjoining such building or lot free and clear from all obstructions
and from weeds and rubbish.
The person occupying the ground floor of a building
or using a vacant lot for parking and storage purposes, and the owner
of a vacant building or lot, shall keep the sidewalk adjoining such
building or lot free and clear from snow and ice and must not suffer
or permit snow or ice to collect or remain on such sidewalk. Snow
falling or collecting after 8:00 p.m. shall be removed before 9:00
a.m. the next day. Snow falling after 9:00 a.m. shall be removed before
8:00 p.m. the same day. When the snow is removed from sidewalks by
Town/Village contractors or employees using plows, it shall be the
duty of the occupant or the owner, as above stated, to remove the
snow and ice remaining after such plows have gone through. The portion
of the sidewalk required to be kept free from snow and ice is the
portion thereof which is paved, if any; and if no portion thereof
is paved, a space at least four feet in width shall be kept free and
clear as above stated. No person shall sweep or shovel or permit the
sweeping or shoveling of snow from a building or private land onto
or into the sidewalk or roadway of any street.
A.
No person shall permit any trapdoor or grate in a
sidewalk to remain open at any time other than when receiving or delivering
goods, and during such time, the door or grate shall be surrounded
by barriers sufficient to secure public safety. Such barriers shall
not be permitted other than at such times as the grate or door is
open.
B.
All iron or steel cellar doors in sidewalks or covers
of any kind over openings into areas, gratings or glass skylights
in sidewalks shall be kept covered from November 15 to April 1, with
asphalt or other composition containing gravel or other substance,
so that the surface thereof shall not be slippery. Such covering shall
at all times be kept in repair and free from holes or depressions.
Burlap bagging or cloth may not be used for such covering.
No person shall construct or maintain a gate
that swings outward over any sidewalk or street.
A.
Cloth awnings attached to a building may project over
the sidewalk not exceeding 10 feet, provided that such awnings are
supported by an iron framework securely attached to said building
in such manner as to be at all times safe and self-supporting and
provided that every part of such awning is at least seven feet above
the surface of the sidewalk.
B.
Wooden, plastic and metal awnings may not hereafter
be erected or renewed without the consent of the Building Inspector.
C.
The owner of a wooden, plastic or metal awning heretofore
or hereafter erected shall construct and maintain conductor pipes
sufficient to convey all water from such awning to the street gutter
and shall maintain said awning so as to protect the sidewalk from
leakage.
D.
Every owner or occupant of a building shall at all
times keep the awnings in front thereof free from snow, ice, dirt
and other matter.
E.
Merchandise or articles of any kind may not be suspended
from an awning over the sidewalk.
A.
No person shall place building materials upon a street
without a permit, in writing, from the Superintendent of Public Works,
which may be revoked without notice.
B.
The permit shall be for a period of not longer than
three months. Said permit shall not authorize the obstruction of more
than 1/3 of the sidewalk or more than 1/2 of the roadway, nor the
placing of materials within three feet of any railroad track.
C.
The person to whom such permit is granted shall cause
all said materials to be enclosed with guards sufficient to secure
public safety and, at all times during the night, shall keep lighted
lamps upon said guards to give warning to all persons.
No building may be moved upon or along any street
without permission, in writing, from the Superintendent of Public
Works, which consent shall specify the route to be taken. Said Superintendent
may require a bond to the Town/Village of East Rochester to be given,
signed by the applicant, and one responsible surety approved by said
Superintendent, conditioned that the applicant will, in all respects,
comply with the terms and conditions of such permit and indemnify
the Town/Village against any damage or loss occasioned by reason of
such removal.
Any person who digs an excavation within 20
feet of the line of any street or elsewhere within the Town/Village,
where such excavation may endanger the public or be an attractive
nuisance for children, shall erect barriers around said excavation
sufficient to secure public safety and shall, at all times during
the night, keep lighted lamps upon said barriers in such a manner
as to give warning of the presence of the excavation.
A.
When an excavation within four feet of the line of
any street or sidewalk has been made for a building, the excavation
shall be enclosed with a fence made of matched boards or plywood and
constructed according to plans approved by the Superintendent of Public
Works, the fence to be placed as near as possible to the excavation
and the location thereof to be approved by such Superintendent. All
building material shall be placed inside such fence and shall be piled
and stored in such manner as may be directed by such Superintendent
so as not to be dangerous to life or limb or liable to cause fire,
and all debris shall be removed from the premises. An advertisement
or sign shall not be attached to or exhibited on such fence, except
that with the permission of such Superintendent, one "for sale" or
"for rent" sign may be attached thereto or painted thereon. Other
signs shall not be placed or maintained on the premises.
B.
Whenever a building has been demolished or taken down,
a similar barrier shall be erected around said excavation unless construction
of a new building is immediately commenced or unless the excavation
is entirely filled in and graded so as not to be dangerous to life
and limb or public safety.
C.
It shall be the duty of the owner, occupant or tenant of the property to comply with this section and § 161-15, and in case he fails to do so, the Superintendent of Public Works is authorized and required to cause such filling in and grading to be done or such fence or barrier or lights to be constructed or erected, after notice to do such work within the time determined by said Superintendent has been served upon the owner, occupant or tenant in the manner prescribed by law. The expense incurred shall be charged against the owner, occupant or tenant and, if not paid, assessed against the real property as prescribed in the Village Law.
No person shall interfere with or construct
or maintain anything in, above or under or make any opening in or
excavate under any pavement, curbing, sidewalk, crosswalk, sewer or
street or remove any earth or stone from a street without permission,
in writing, from the Superintendent of Public Works, and under such
conditions as he may impose. The Superintendent may order any sewer
or excavation dug or constructed contrary to the provisions of this
section to be filled up or altered at the expense of the person causing
the same to be dug or constructed.
A.
Applications. Applications for permission to make
any excavation in or upon any public street, sidewalk or other public
place for the purpose of making sewer, water or gas pipe connections
therein or for permission to construct and maintain an areaway under
the sidewalk or under any public street or place or for permission
to place any obstruction, temporary or otherwise, in any street, sidewalk
or other public place shall be made to the Superintendent of Public
Works.
B.
Bonds.
(1)
The Superintendent of Public Works is authorized to
require the applicant to provide a surety company bond in the penal
sum hereinafter provided, approved by the Town/Village Attorney as
to form and method of execution, indemnifying the Town/Village against
all loss, cost, damage or expense sustained on account of any negligence,
omission or act of the applicant for such permit, or any of his servants
or agents, arising or resulting directly or indirectly by reason of
any act, construction or excavation done under authority of such permit.
(2)
Permits. All permits granted by the Superintendent
of Public Works shall be subject to the right of the Board of Trustees
to revoke the same. All bonds given in pursuance of the provisions
of this section as a condition precedent to the granting of any application
aforesaid shall contain a stipulation to the effect that the consent
or permit given by the Superintendent of Public Works may be revoked
by the Board of Trustees at any time.
(3)
Bond penalty. In all cases in which applications are
made to said Superintendent of Public Works for permission to construct
and maintain areaways under sidewalks or under a public street or
place or for consent and permission to construct or maintain any permanent
excavation in or under any street or public place or for consent and
permission to place a permanent structure or construction of any kind
in or upon any street or other public place within the Town/Village,
the penalty of the bond to be required shall not be less than $20,000.
In all other cases the penalty of the bond to be required shall not
be less than $10,000.
(4)
Annual bonds for plumbers and contractors. Plumbers,
contractors and all persons or firms or corporations engaged within
the Town/Village in the telephone, gas or electrical business, compressed-air
cleaning business or any other business the nature of which would
require or result in frequent applications for permits to make obstructions
or excavations in the Town/Village streets shall not be required to
furnish a separate bond for each permit as a condition precedent,
but shall provide a general bond annually of not less than $20,000.
(5)
Substitution of bonds. The Superintendent of Public
Works is hereby authorized, upon application of the principals, on
indemnity bonds given to the Town/Village to protect it from loss
or damage resulting from the construction and maintenance of areaways
and other street obstructions, to accept on behalf of the Town/Village
substitute surety company bonds covering the same subject matter,
in form approved by the Town/Village Attorney, in the place and stead
of the bond or bonds which it is desired to have canceled and terminated.
Whenever a pavement or sewer is being constructed
or repaired in a street or whenever pipes, mains or conduits are being
laid or repaired in a street or whenever any other work is being done
in a street, the person performing the work shall place and maintain
sufficient guards about the area where the work is being done so as
to ensure public safety, until the street is ready for use. Such person
shall, at all times during the night, keep lighted lamps upon the
guards not more than 25 feet apart, or closer if public safety requires
it.
A.
Blacktop sidewalks and/or the repair of existing concrete
sidewalks by blacktopping is no longer allowable, and all sidewalks
or the repair of sidewalks must be constructed of cement.
[Amended 6-8-1987 by L.L. No. 2-1987]
B.
Driveways.
[Amended 6-8-1987 by L.L. No. 2-1987; 3-8-1999 by L.L. No.
1-1999]
(1)
Before constructing any blacktop or other type of
driveway which abuts a public street in the Town/Village of East Rochester,
a permit must be obtained at the Town/Village Building Department,
for which a fee will be charged in accordance with the applicable
fee schedule.
[Amended 7-9-2012 by L.L. No. 3-2012]
(2)
In order to assure proper street drainage and construction,
the Superintendent of Public Works must approve the grade of the finished
driveway, and any driveway not constructed to give proper street drainage
or any cement sidewalk not properly constructed in the opinion of
the Superintendent of Public Works must be removed by the property
owner upon written order from the Board of Trustees.
C.
Penalty. Violations of this section shall be subject to the penalty set forth in § 161-24 of this article, and in case any driveway shall be constructed without the issuance of said permit and in violation of the specifications herein provided for, the Superintendent of Public Works of the Town/Village of East Rochester is hereby authorized to remove such portions of such sidewalk and/or driveway which are in violation of this section, in which case the cost of the work shall be assessed against the owner of the property adjoining said sidewalk or driveway and/or fronting thereon.
No person shall hinder or obstruct the construction
or repair of any pavement, sidewalk, crosswalk, sewer or other public
improvement which is being done under the direction of or with the
consent of the Superintendent of Public Works or hinder or obstruct
any person employed by the Superintendent of Public Works in cleaning
any street.
No person shall drive a vehicle over any pavement
or street in the process of being laid or repaired, or which has not
been completed or is not well settled, if there shall be placed at
the end of such portion of street a fence or sign or obstruction,
indicating that the same is in an unfinished or unsettled state.
No public or private thoroughfares shall be
created on two adjoining lots so as to provide access from one street
to another.
Any person who shall violate any of the provisions
of this article shall, upon conviction, be punishable by a fine of
not more than $250 or by imprisonment for a term of not more than
15 days, or by both such fine and imprisonment, for each violation.
