[Adopted 11-28-1994 by L.L. No. 2-1994]
[1]
Editor's Note: See Art. I, Notification of Defects, of this chapter.
[Amended 3-8-2004 by L.L. No. 1-2004]
The purposes of this article are to establish in the Village the general responsibility for owners along Village streets to maintain their sidewalks and to remove snow and ice therefrom; and to transfer and defer all liability for such maintenance and snow and ice removal and for sidewalk construction, repair, replacement and maintenance to such adjacent property owners.
[Added 10-13-2015 by L.L. No. 3-2015]
A. 
Where sidewalks exist. All owners of Village real property which abuts upon or is contiguous to a public sidewalk shall be responsible for the maintenance of said sidewalk, and shall be required to keep such sidewalk reasonably clear of snow and ice, and shall not permit the same to accumulate. At all times there must be a clear path of a minimum of three feet wide over the sidewalk.
[1]
Editor's Note: Former § 140-27, Responsibility of property owner; snow and ice removal, was repealed 2-26-2013 by L.L. No. 1-2013.
[Amended 3-8-2004 by L.L. No. 1-2004; 2-26-2013 by L.L. No. 1-2013; 3-11-2014 by L.L. No. 1-2014]
In the event that personal injury or property damage shall result from failure of any owner to comply with any provision of this article, the owner shall be liable to all persons injured. Said liability shall be the sole responsibility of the property owner of the premises adjoining the sidewalk, and indemnify and hold harmless the Village.
[Added 3-8-2004 by L.L. No. 1-2004]
A. 
Purpose. The purpose and goal of this section shall be to provide safe and uniform sidewalks wherever appropriate to have sidewalks throughout the Village of Newark Valley; to create standards for sidewalks that conform to code requirements; to require replacement of noncompliant/defective sidewalks by property owners; and to encourage pedestrian activity.
B. 
Duty to repair and maintain sidewalks.
(1) 
It shall be the duty of the owner of every parcel of real property adjoining a public sidewalk in the Village of Newark Valley to keep said sidewalks in good repair and in safe condition for public use and free from all obstructions or encumbrances so as to permit the free and safe use thereof by the public.
(2) 
All sidewalks within the Village of Newark Valley shall be even, with no dangerous or hazardous cracks, broken areas, protruding tree roots or other projections jutting into the pathway which may create a potential hazard. Replacement is required when a sidewalk is a safety hazard.
C. 
Defective conditions defined. Any of the following conditions of a sidewalk that present a danger or risk of injury to persons shall constitute a defective sidewalk:
(1) 
Cracks or missing pieces of more than 1/2 inch in width.
(2) 
Vertical displacement exceeding one inch between adjoining walk blocks.
(3) 
The surface has deteriorated, cracked or settled.
(4) 
The sidewalk does not allow adequate drainage.
(5) 
The sidewalk has become a safety hazard.
(6) 
The slope to the street exceeds 1/4 inch per foot.
D. 
Repair of defective sidewalks. The Code Enforcement Department will inspect defective sidewalks as necessary and issue notices to repair and/or replace said sidewalks. The property owner shall have 60 days after written notice, weather permitting, to prepare and/or replace the defective sidewalk. All repairs and/or replacements shall conform to the provisions of § 140-29F, below.
[Amended 10-13-2015 by L.L. No. 3-2015]
E. 
No sidewalks existing. In cases where there is no sidewalk in front of the premises having frontage on any street in the Village, except in cases where sidewalks are not feasible due to inadequate space or at the discretion of the Village Trustees or the Code Enforcement Department, the property owners are required to install a code-compliant sidewalk by December 31, 2014. All sidewalks shall conform to the provisions of § 140-29F, below.
[Amended 10-13-2015 by L.L. No. 3-2015]
F. 
Work and material requirements and sidewalk standards.
(1) 
The property owner is responsible for the quality of the finished sidewalk and must ensure that newly installed sidewalks meet the standards listed below and under § 140-21 of this chapter.
(2) 
The sidewalk must be constructed of concrete.
(3) 
The sidewalk must be a minimum of five feet in width, except where there is inadequate space, but must in no case be less than four feet.
(4) 
The sidewalk must be four inches thick, except where the sidewalk traverses a driveway, where it must be six inches thick.
(5) 
The concrete must be a six-bag mix or greater strength.
(6) 
The sidewalk must slope toward the street a minimum of 1/4 inch per foot.
(7) 
The change in elevation from one block to the next must not exceed one inch.
G. 
Removal of existing sidewalks. Under no circumstances shall any sidewalk be removed unless it is to be replaced within 14 days with a new code-complaint sidewalk. This applies also to instances where the Public Works Department is assisting with removal of existing sidewalks.
H. 
New construction. All new construction in the Village of Newark Valley shall be required to install a new code-compliant sidewalk where one does not already exist.
I. 
Penalties for offenses.
(1) 
Homeowners who violate any provision of this section or who fail to comply with any order or directive of the Code Enforcement Department as provided by this section shall be subject to a fine of up to $250 per every thirty-day period after notice of violation.
[Amended 4-11-2006 by L.L. No. 1-2006]
(2) 
In the event of noncompliance with the deadline to construct, repair or replace the sidewalk, the Village may, at its discretion, provide that the sidewalk is secured and repaired, replaced or constructed and that all expenses thereof be assessed against the parcel of real property adjoining the sidewalk and levy the cost of repairing and/or replacing or constructing the sidewalk, including related necessary or incidental expenses thereto, to the taxes of the adjacent parcel of real property on the next annual tax bill.
(3) 
Village maintenance of sidewalks and tax levy.
[Added 10-13-2015 by L.L. No. 3-2015]
(a) 
In the event that any property owner of any sidewalk shall fail to remove the ice and/or snow in the time limits above in accordance with the provisions of § 140-32 of this chapter, the Superintendent of Public Works shall cause such ice and/or snow to be removed and shall notify the Village Clerk of the expense incurred by the Department of Public Works for the amount of labor, equipment and materials used.
(b) 
If the violation continues uncorrected for more than the said five days after posting of the above-mentioned notice, the Village of Newark Valley may perform the work necessary to correct the violation by use of its agents, employees or subcontractors. The actual cost to the Village shall be an expense borne by the property owner and shall be billed by the Village to such person or owner after the work is performed and the amount of the bill is determined.
(c) 
In the event that the premises is vacant and/or the property owner does not take action to keep the property in compliance with the provisions of this chapter, such original violation shall be deemed to be continuing to the Village until such time that the owner of the premises takes active control either by the property owner's actions or the actions of his/her/their/its employees, agents, and/or subcontractors that remedies the situation.
(d) 
All such bills so rendered by the Village to the property owner or person shall be paid to the Village within 30 days.
(e) 
Penalties for the late payment of any such bills are established as follows and shall be added to such bills:
[1] 
First 30 days: no penalty;
[2] 
First month thereafter: 10%;
[3] 
Second and any successive month thereafter: 2% each month.
(f) 
A final or aggregate bill for work performed under this section shall be rendered to the property owner or person on or before November 1 of each year covering the amount of such wok or services performed for the entire year preceding November 1.
(g) 
Any such bill which remains unpaid for a period of 60 days after November 1 shall become a lien upon and be assessed against the real property upon which the work was performed and shall be added to the next annual tax levy as prescribed by Article 2 of the Village Law.
(h) 
The filing of a lien shall not prevent the imposition of penalties under § 140-30 below.
J. 
Existing sidewalk removal cost-sharing program. The property owners have the option to apply to the Village Clerk-Treasurer for the Newark Valley Public Works Department to assist with the removal and disposal of existing sidewalk.
K. 
The Public Works Department is available for a limited time on a first-come-first served basis. If the Public Works Department is not available to assist with removal and disposal of the existing sidewalk, this does not exempt the property owner from having a code-compliant sidewalk installed by the due date. The Public Works Department will not remove and dispose of any sidewalk until the property owner has agreed to replace it within 14 days from the completion of removal.
[Added 11-11-2008 by L.L. No. 3-2008]
A. 
If any owner, person or other entity shall, after notice, fail to comply with any lawful directive issued pursuant to this article within 10 days after the receipt of the written notice as set forth in the preceding section, or, in the judgment of the Code Enforcement Officer, a condition exists which poses an immediate threat to the safety, health and/or welfare of the public, the Village may perform the necessary work or authorize others to do so and bill such person or other entity for the same.
B. 
Such bill shall be paid within 30 days.
C. 
A final or aggregate bill for work performed under this article shall be rendered to the property owner or person on or before September 1 of each year covering the amount of such work or services performed for the entire year preceding September 1.
D. 
Any such bill which remains unpaid for a period of 60 days after September 1 shall become a lien upon and be assessed against the real property upon which the work was performed and shall be added to the next annual tax levy as prescribed by Article 2 of the Village Law of the State of New York.
E. 
The filing of a lien shall not prevent the Imposition of penalties under § 140-29I(1).