[Adopted 5-15-1973 by L.L. No. 8-1973]
The Board of Trustees of the Village of Great
Neck Plaza hereby finds that its existing ordinances which authorize
the Board of Trustees to require landowners to construct and/or repair
sidewalks adjoining their premises are inadequate and do not vest
the Superintendent of Public Works with the power to ensure that work
is done in a proper manner. The Board of Trustees therefore finds
that it is necessary to adopt this article in order to establish procedures
which will govern the construction and repair of sidewalks, curbs
and gutters by adjoining landowners.
As used in this article, the following terms
shall have the meanings indicated:
An individual, a partnership, a corporation, an association,
a joint-stock company, a trust, any unincorporated organization or
a government or political subdivision thereof.
The area on each side of the road from the property line
to the gutter line or, if there is a curb, to the roadway side of
the curb.
Includes but shall not be limited to roads, gutters, driveways
which lead into roads and curbs and sidewalks adjacent to roads.
A.
The Superintendent of Public Works shall have the
power to require the owner or occupant to construct and/or repair,
wholly or partly at his expense, sidewalks, curbs and gutters adjoining
said owner's or occupant's land. The Superintendent of Public Works
shall also have the power to prescribe the manner of doing such work
and the kind of materials to be used therein.
B.
If a sidewalk, curb or gutter is required to be constructed
or repaired wholly at the expense of the owner or occupant of the
adjoining land, a notice specifying the place and manner and the time,
not less than 10 days, in the case of new construction, and not less
than 48 hours, in the case of repairs, within which the work is to
be commenced and/or completed shall be served upon such owner or occupant.
If an owner or occupant shall not construct or repair the sidewalk,
curb or gutter as required by the notice, the Superintendent of Public
Works may cause the same to be so constructed or repaired and assess
the expenses thereof upon the adjoining land.
C.
If a sidewalk, curb or gutter is to be constructed
or repaired at the joint expense of the Village and the owner or occupant,
the Superintendent of Public Works may cause the same to be constructed
or repaired and assess upon the adjoining land the proportion of the
expense chargeable against the same.
D.
All grading done on sidewalks, curbs and gutters laid
or repaired by the owner or occupant of adjoining land shall be in
accordance with the specifications adopted by and under the direction
and supervision of the Superintendent of Public Works.
E.
All notices required to be given herein shall be in
writing and may be delivered personally, by telegram or by certified
mail, return receipt requested.
[Amended 6-19-1996 by L.L. No. 4-1996]
Any person who shall violate the provisions
of this article shall be liable to pay a penalty not to exceed $250
or a period of imprisonment not exceeding 15 days, or both, for each
such violation.
This local law shall supersede all other local
laws, ordinances, resolutions, rules and regulations of the Village
of Great Neck Plaza to the extent that they are inconsistent with
this article. Ordinance No. 44 of the Village of Great Neck Plaza
entitled, "Sidewalks on Private Property," is hereby repealed.