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Village of Westfield, NY
Chautauqua County
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[Adopted 11-1-1999 by L.L. No. 2-1999[1]]
[1]
Editor's Note: This local law superseded former Art. V, Construction and Maintenance of Sidewalks, adopted 4-18-1961 as Ch. I, Art. IX, of the 1961 Ordinances, as amended. See also Art. VA, Sidewalk Maintenance.
A. 
When the Village Board of Trustees deems that, in the interests of the general public, new sidewalks must be constructed, the Superintendent of Public Works, or his/her agent, by written notice, shall require the owner of any building, occupied lot or vacant lot within the limits of the Village to construct said sidewalk in accordance with the standard specifications for installation of public sidewalks. (The standard specifications can either be contained in a resolution adopted by the governing body or the governing body can give the authority to develop specifications to an officer or employee.)
B. 
Written notice shall be served upon the owner or his or her executor, legal representative or agent, either personally or by first class prepaid mail, addressed to the last known address of the owner or other person mentioned herein as said address is shown on the records of the Assessor. If the name of the owner or place of residence cannot be ascertained, notice shall be served by posting in a conspicuous place upon the premises.
C. 
Prior to construction, the property owner and agent shall obtain a sidewalk construction permit from the Superintendent of Public Works.
[Amended 4-15-2002 by L.L. No. 2-2002]
The cost of construction shall be paid in whole by the adjacent property owner. Upon completion of the sidewalk to the satisfaction of the Superintendent of Public Works, the property owner will be entitled to reimbursement in the amount of $2.25 for each square foot of replaced sidewalk or 50% of the cost of construction of the sidewalk, whichever is less. Tax exempt entities will pay the full cost of construction.
The property owner has the option of doing the work or hiring a contractor. The Village shall share the verified expense; provided, however, that the Village shall in no event pay any amount greater than the maximum rate established by the governing body, except for tax-exempt entities, who will pay the full cost of such construction.
If the owner or agent shall fail to construct such sidewalk within 30 days of service of the notice, the Superintendent of Public Works, or his or her agent, shall cause the sidewalk to be constructed and the owner shall pay 100% the expense incurred.
The Village shall be reimbursed for the cost of the work performed or services rendered as provided in this article by assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete cost as incurred upon and from each lot or lots, in the manner provided for the assessment of the cost of public improvements by applicable law, together with appropriate interest.