[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-5-1896 (Ch.
41 of the 1968 Code)]
No person shall construct or repair any sidewalk
within the Village of Fairport except under the direction and in the
manner determined and prescribed by the Board of Trustees.
The Board of Trustees may determine and prescribe
the line and grade of such sidewalk and the manner of constructing
or repairing of the same, the materials to be used and their quality
and the time within which such construction or repairing shall be
completed.
[Amended 4-9-1984 by L.L. No. 2-1984; 4-11-1988 by L.L. No. 2-1988; 10-10-2000 by L.L. No.
5-2000]
In the case of any land abutting on any dedicated
street alley, highway or public place in the Village of Fairport which
does not have an existing sidewalk, the Village Board of Trustees
may cause such a sidewalk to be constructed, under its direction and
in accordance with Village specifications, and may levy, assess and
collect the expense of the same from the owner of such land in the
same manner as Village taxes are collected. In determining whether
or not to waive the assessment of some or all of the expense of construction
of a sidewalk on the owner of property abutting a sidewalk the Village
Board of Trustees may consider such circumstances as it deems proper,
taking into account any factors, which shall be specifically set forth
by resolution of the Board of Trustees, including, but not limited
to, the location of the sidewalk in relationship to the use of the
abutting property, the benefit derived by the persons owning and/or
using the abutting property from the installation of the sidewalk
and the benefit derived by the public.
[Added 4-9-1984 by L.L. No. 2-1984; amended 7-8-1985 by L.L. No. 3-1985]
In case any sidewalk existing at the time this
section becomes effective, or which comes into existence thereafter,
which abuts on any dedicated street, alley, highway or public place
in the Village of Fairport shall be determined by said Village to
be in need of repair, the Village Board of Trustees may cause such
sidewalk to be repaired or replaced under its direction, with such
repair or replacement to be in accordance with Village specifications,
and the expense thereof shall be borne by the Village.
