[Amended 12-3-1998 by L.L. No. 12-1998]
Each owner or occupant of any house or other building and any owner
or person entitled to possession of any vacant lot and any person having charge
of any church or any public building in the village shall, during the winter
season or during the time snow shall continue on the ground, keep the sidewalk
in front of the lot or structure free from obstruction by snow or ice and
icy conditions and shall at all times throughout the year maintain the property
to the pavement, including sidewalk, if any, in good and safe repair and in
a clean condition, free from filth, dirt, weeds, brush or other obstructions
or encumbrances.
No person who is the owner, occupant or lessee of any premises abutting
on any street, road, highway or parkway in the village shall place, keep,
permit or suffer to be placed or kept on any sidewalk in front of, adjoining
or adjacent to his premises any goods, wares, merchandise, boxes, barrels,
display signs or material things of any kind or description, nor shall he
in any manner obstruct any sidewalk nor in any manner obstruct or interfere
with the use of any sidewalk; but nothing contained in this section shall
prevent persons from placing goods, wares, merchandise or household furniture
on a sidewalk temporarily while loading or unloading it if it is done without
unnecessary delay and if such goods, wares or merchandise are not allowed
or permitted to remain on the sidewalk for a period longer than one hour.
The Village Board may, from time to time, by resolution, require the
construction or repair of sidewalks or curbs along streets, roads, highways
and parkways in the village, as well as the construction of sidewalks along
state highways within the village and the repair of sidewalks constructed
by the state along state highways in the village at the expense of the abutting
owners.
All sidewalks, curbs, gutters or driveways constructed on any privately
owned street, highway or parkway of a new development shall be subject to
this article and comply in all respects with the regulations covering streets
the title to which is vested in the village. Failure to comply with this article
shall constitute sufficient cause for the village to reject any dedication
of such a street.
A.Â
Whenever the Village 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 them in accordance with §§ 144-6 through 144-19, the Village Board shall specify the place, manner and time within which the construction or repair shall be done, which time shall not be less than 48 hours from the time of the Village Board's order.
B.Â
The Village Clerk shall publish a notice of the Village Board's orders, pursuant to Subsection A of this section, in a paper to be designated by the Village Board, at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work, and he shall serve a copy of the 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.
A.Â
Whenever a notice to construct or repair a sidewalk or
curb pursuant to an order of the Village Board has been served upon an owner
of a lot or parcel of land in front of which it is desired that sidewalks
or curbs be built, relaid or repaired and the owner or occupant shall not
cause the construction or repair to be made to the sidewalk or curb as required
by the notice, the Village Engineer is hereby authorized and directed to cause
the construction and repair to be made as required by notice.
B.Â
The Village Engineer is hereby authorized to perform
such work or repair with his own forces or cause a contract to be let therefor
and to pay for the work out of the funds to be appropriated by the Village
Board for such purposes.
A.Â
Whenever the owner or occupant of property in front of which the Village Board, pursuant to §§ 144-6 through 144-19, has ordered a sidewalk or curb constructed or repaired shall build, relay or repair the sidewalk or curb called for by the notice, he shall obtain a permit therefor as required by §§ 144-6 through 144-19.
B.Â
The Village Engineer may require such bonds or deposits
and issue the permit subject to such terms and conditions as he may consider
necessary for the protection of village property.
The village shall be reimbursed by the owner of the respective lot or parcel of land in front of which the construction or repair was made for the cost of building, relaying or repairing any sidewalk or curb when made by the Village Engineer pursuant to §§ 144-6 through 144-19, by assessment upon, and collection from, the lot or parcel of land termed benefited by the construction or repair, so much of the actual and complete cost upon and from each lot as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the property, collected in the same manner and at the same time as other ad valorem village charges or collected with taxes.
No sidewalk, curb or gutter shall be constructed or permitted to be
constructed or repaired along any street, road, highway or parkway in the
village unless such construction shall conform to the lines, grades and specifications
furnished by the Village Engineer and in conformity with all the specifications
and requirements established by rules and regulations of the Village Board.
No sidewalk, curb or gutter shall be constructed or repaired or work
thereon commenced until the owner of the premises in front of which the sidewalk,
curb or gutter is to be constructed or repaired, or the authorized agent of
the owner, shall have obtained a permit therefor. Applications for the permit
required by this section shall be made in writing to the Village Engineer
in such form as may be required by the Village Board. No permit required by
this section shall be issued without the approval of the Village Engineer,
endorsed on the application therefor, unless so directed by resolution of
the Village Board.
Whenever a sidewalk or curb construction or repair is made by contract let therefor by the Village Engineer, pursuant to §§ 144-6 through 144-19, the provisions of §§ 144-6 through 144-19 in respect to obtaining a permit and the powers of the Village Engineer on the issuance of a permit shall apply to the contractor for the work.
Unless waived or modified by the Village Engineer, each applicant for a permit required by §§ 144-6 through 144-19 must file with said Engineer an insurance policy or certificate showing proof of the following coverages:
A.Â
Compensation insurance. The permittee shall take out
and maintain, during the life of the permit, workers' compensation insurance
for all his employees employed at the site of the work, and in case of any
of the work's being sublet, the permittee shall require the subcontractor
similarly to provide workers' compensation insurance for all of the latter's
employees, unless such employees are covered by the protection afforded by
the permittee.
B.Â
Public liability and property damage insurance. The permittee
shall take out and maintain during the life of the permit such comprehensive
general liability insurance, including completed operations, as shall protect
him and any subcontractor performing work covered by the permit from claims
for damages for personal injury, including accidental death, as well as from
claims for property damage which may arise from operations by himself or by
any subcontractor or by anyone directly or indirectly employed by either of
them, and the amounts of such insurance shall be as follows:
(1)Â
Bodily injury insurance in an amount of not less than
$300,000 for bodily injuries, including wrongful death, to any one person,
and an amount not less than $500,000 on account of one occurrence.
(2)Â
Property damage insurance in an amount not less than
$100,000 for damages on account of any one accident, and in an amount of not
less than $200,000 for damages on account of all accidents.
C.Â
Said policy for public liability and property damage
insurance must be so written as to include contractors' protective liability
to protect the permittee against claims arising from the operation of any
subcontractor.
D.Â
Owner's (Village of Islandia) protective liability
insurance. The permittee shall furnish to the village, with respect to the
operations he or any of his subcontractors perform, a regular owner's
protective liability policy in the name of the Village of Islandia, providing
for a limit of not less than $300,000 for all claims arising out of bodily
injuries to or death of one person and, subject to that limit for each person,
a total limit of $500,000 for all claims arising out of bodily injuries to
or death of two or more persons in any one occurrence and providing for a
limit of not less than $100,000 for all claims arising out of injury to or
destruction of property during the policy period. The coverage provided under
this policy must not be affected if the village performs work in connection
with the permit either for or in cooperation with the permittee or as an aid
thereto, whether the same is a part of the permit or separate therefrom, by
means of its own employees or agents, or if the village directs or supervises
the work to be performed by the permittee. (NOTE: In lieu of the above dual
limits, the permittee may provide a combined single limit of $1,000,000.)
Except as otherwise provided by law, or where permits required by §§ 144-6 through 144-19 are granted for work done at the direction of the Village Engineer, each application for such a permit shall be accompanied by a fee for each installation, to be paid to the village and to be set by resolution of the Board of Trustees.
