[Adopted 10-1-1985 by L.L. No. 3-1985]
The maintenance of existing sidewalks and any
newly constructed sidewalks within the Village of Clayton in a state
of good repair is deemed necessary for the safe passage of residents
of the Village of Clayton.
[Amended 3-6-2001 by L.L. No. 1-2001]
A.
It shall be the duty of every owner of a parcel of
land within the Village of Clayton that has an existing sidewalk between
that parcel and the improved street margin, or of any parcel on which
a sidewalk may be constructed at any time in the future between the
parcel and the improved street margin, to maintain that sidewalk in
a good, level condition and to repair any broken sections or any unevenness
and to maintain that sidewalk to afford safe passage under normal
use and weather conditions. This duty shall apply to the parcel owner
irrespective of whether the sidewalk is located on the parcel boundary
line or inside the street right-of-way.
B.
It shall be the duty of every owner of a parcel of
land within the Village of Clayton to maintain that portion of the
area located between the parcel boundary and the improved street margin
that is not improved by a sidewalk with planted grass kept mowed at
a height not greater than 10 inches.
[Amended 7-10-2006 by L.L. No. 5-2006]
A.
Sidewalks shall be constructed or replaced in either
of the two following methods.
(1)
Poured or stamped concrete at least four inches deep
and reinforced with at least ten-gauge six-inch steel mesh. Poured
or stamped concrete sidewalks crossing a driveway must be at least
six inches deep.
(2)
Precast concrete pavers in pedestrian areas, driveways
and areas subject to limited vehicular use. Pavers must meet or exceed
the requirements established in the American Society for Testing and
Materials (ASTM) C 936, Standard Specifications for Solid Interlocking
Concrete Paving Units.
B.
Any holes or other hazards that may exist in existing
sidewalks or future sidewalks shall be promptly filled and any necessary
repairs or replacement shall be performed promptly, weather conditions
permitting.
[Added 7-10-2006 by L.L. No. 5-2006]
A.
Any sidewalk constructed or replaced shall require
a permit to be issued by the Village Clerk. Installation shall be
in accordance with Interlocking Concrete Pavement Institute (ICPI)
specifications attached to the permit application and in accordance
with regulations set forth herein.
B.
Unless different dimensions are required by federal, state or county
laws, rules or regulations, all replacement sidewalks in all zoning
districts shall be a minimum of four feet in width.
[Amended 4-8-2013 by L.L.
No. 2-2013]
C.
Construction and construction materials must meet
ADA and ASTM standards.
D.
Permit applications shall be made to the Village Clerk
and shall be accompanied by the following for review by the Superintendent
of Public Works.
(1)
A scaled drawing of the affected area, indicating
the proposed location of the pavers, any water and utility valves,
or any other surface fixture.
(2)
Written statement that all utilities located
in the public right-of-way have been notified.
(3)
The manufacturer's brochure, including the color,
size and shape of the pavers shall be approved by said jurisdiction.
The sidewalks shall be consistent in materials, color and overall
appearance as to the Village's specifications and written conceptual
plan for the Village.
(4)
A complete copy of the manufacturer's recommended
procedures for the installation of the pavers.
(5)
A drawing indicating the finished laid pattern
of the pavers. This shall be reviewed for conformity to the overall
appearance set forth by the Architectural Review Board appointed by
the Village.
(6)
The payment of a required fee, as established
by resolution of the Board of Trustees.
[Added 7-10-2006 by L.L. No. 5-2006]
A.
Poured or stamped concrete sidewalks must be ADA compliant.
Concrete pavers shall meet or exceed the ASTM's specifications and
must be ADA compliant. All sidewalks that are within predesignated
crosswalks shall be sloped no more than one on 12 and shall meet ADA
guidelines.
B.
All work done pursuant to this section shall be subject
to inspection and approval by the Village Superintendent of Public
Works.
[Amended 7-10-2006 by L.L. No. 5-2006]
Any driveway area crossing an existing or future
sidewalk shall be constructed of only poured or stamped concrete or
concrete pavers, and shall blend smoothly with the sidewalk of the
abutting or adjacent parcel.
[Amended 2-24-1997 by L.L. No. 2-1997]
A.
Any violation of this article shall be punishable
by a fine not to exceed the sum of $250 or by imprisonment for not
more the 15 days, or both.
B.
In the event that personal injury or property damage
shall result from the failure of any owner or occupant to comply with
the provisions of this article, the owner and the occupant shall be
liable to all persons injured, or whose property is damaged directly
or indirectly thereby, and shall be liable to the Village of Clayton
to the extent that said Village of Clayton is required by law or by
any court to respond in damages to any injured party.
[Amended 3-6-2001 by L.L. No. 1-2001]
A.
In the event that the owner of a property shall fail
to repair the sidewalk located between the property and the paved
street within 30 days after written notice thereof, provided that
weather conditions permit, the Village of Clayton may forthwith proceed
to repair the sidewalk, and the cost or expense thereof shall be ascertained
and report thereof shall be filed in the office of the Village Clerk.
B.
The cost of the work, as the same shall appear from
the report on file in the office of the Village Clerk, may be sued
for and recovered by the Village from the owner of the property of
which the sidewalk is located between and the paved street. If the
cost is not paid on or before the first day of March next following,
the Board of Trustees shall levy the amount thereof as part of the
tax to be collected upon the premises against which the cost shall
be a lien. The same shall be included within the completed tax roll
and collected as part of the taxes against the subject premises.
C.
In the event that the owner of a property shall fail to maintain that portion of the area located between the property boundary and the improved street margin not improved by a sidewalk with planted grass kept mowed at a height of not greater than 10 inches, within seven days after written notice thereof, the Village of Clayton may forthwith proceed to maintain said area and mow said grass. The cost or expense of such maintenance and mowing shall be ascertained and a report thereof shall be filed in the office of the Village Clerk, and the cost will be recovered in accordance with the provisions of Subsection B of this § 110-24.
[Added 3-6-2001 by L.L. No. 1-2001]
For the purpose of this article, the term "improved
street margin" shall mean the edge of the traveled street, whether
such street is improved by pavement, gravel or some other form of
all-weather material.
