[Adopted 7-9-1992 as L.L. No. 5-1992]
It is the policy of the Village of Horseheads
to take all steps reasonably necessary to provide for safe passage
of pedestrians and vehicles upon the public walkways throughout the
village. The right of pedestrians to lawfully use the sidewalks and
walkways is absolutely paramount. When these public ways have not
been maintained by property owners free from hazard, the village has
been subjected to lawsuits. Proper maintenance of sidewalks and public
ways within the village is vital to the protection of the public health,
safety and welfare.
It shall be the duty of the owner of every parcel
of real property adjoining a public sidewalk or steps, whether the
parcel of real property is occupied by a structure or not, to keep
such public sidewalk and/or steps adjoining such property maintained
and repaired so as to afford safe passage of pedestrians and vehicles.
A.
The following conditions shall constitute a defective
sidewalk and/or step:
(1)
Unacceptable quality of surface, including but not
limited to holes, depressions, breaks or protrusions.
(2)
Ridges or gaps between adjoining sidewalk blocks.
(3)
Differences in elevation of surface or of adjoining
walk blocks.
(4)
Peeling or crumbling of the surface of the sidewalk.
(5)
Tilting of sidewalk or sidewalk blocks, except in
case of handicapped ramps, driveway approaches or other similar situations.
(6)
Missing portions of surface or walk block.
B.
Sidewalks in the above condition will be construed
to be defective sidewalks, regardless of the type of sidewalk that
exists. All defective sidewalks within the terms stated above are
hereby declared to be a public nuisance.
A.
The Code Enforcement Officer or his or her designated
agent shall have jurisdiction for the purpose of ordering the repair
of a defective sidewalk and for taking remedial action towards placing
the surface in good repair, even to the extent of replacing walk blocks
if necessary.
B.
Upon receipt of information that a sidewalk may be
defective, the Code Enforcement Officer shall make an inspection of
the same and file a report with the Village Manager.
C.
If said report shall confirm the existence of a defective
sidewalk as defined herein, the Code Enforcement Officer shall cause
a notice to be served upon the owner of the parcel of real property
adjoining said sidewalk, his or her executor, legal representative
or agent. Such notice shall be served either personally or by first-class,
prepaid mail addressed to the last known address of such owner or
other person mentioned herein as said address is shown on the records
of the Village Clerk.
D.
Such notice shall contain the following:
(1)
A description of the premises upon which the sidewalk
is located or which is adjoining said sidewalk.
(2)
A statement of particulars in which the sidewalk is
defective.
(3)
Designation of the area in which repair or replacement
is to be made.
(4)
An order that repair or correction of the defective
portion of sidewalk shall commence within thirty (30) days of personal
service or within thirty-four (34) days of service of such notice
by mail.
(5)
A date, time and place for a hearing before the Village
Manager relative to such defective sidewalk, which hearing shall be
scheduled not less than ten (10) business days from the date of personal
service or mailing of the written notice.
(6)
A statement that, in the event of neglect or refusal
to comply with the order to repair or replace the defective sidewalk,
the Village Manager is authorized to provide that the sidewalk be
secured and repaired and that all expenses thereof be assessed against
the parcel of real property adjoining the sidewalk or step and to
collect the cost of repairing and/or replacing the sidewalk, including
related necessary or incidental expenses thereto.
E.
The Code Enforcement Office may exercise his or her
discretion to extend time requirements for cause and in writing upon
reasonable terms and conditions.
The Village Manager or Village Clerk shall promptly
present said owner with a bill for the aforesaid costs. If the same
is not paid within thirty (30) days of such presentment, such costs
shall be assessed against the parcel of real property adjoining the
sidewalk or step and shall become a lien thereon, collectible in the
same manner as delinquent village taxes.
A.
The aforesaid owner is responsible for the quality
of the finished sidewalk. The Code Enforcement Officer will inspect
the project from time to time and may require the owner to remove
and replace new construction that does not meet construction standards
as set forth herein and as may be modified from time to time.
B.
Before engaging upon sidewalk repair or construction,
the contractor, on behalf of the owner, must first obtain a permit
from the Code Enforcement Officer or his or her designated agent.
Applications for the same are available at the Code Enforcement Officer's
office.
C.
At the time of making application to the village for
a permit to construct or repair a sidewalk, the owner or contractor
shall pay to the village a permit fee in such amount as the Board
of Trustees may from time to time determine. Such fee shall be waived
in the case of sidewalk repair occurring under the auspices of the
village's sidewalk repair program.
D.
No permit shall be issued to a contractor until he
or she has filed with the Code Enforcement Officer a certificate of
insurance establishing that he or she carries workers' compensation
for all employees, together with public liability insurance coverage
in an amount not less than one million dollars ($1,000,000.), naming
the Village of Horseheads an additional insured, one hundred thousand
dollars ($100,000.) for property damage and such other insurance coverages
as the Village Manager may, by rule, regulation or directive, require.
[Amended at time of adoption of Code; See Ch. 1, General
Provisions, Art. I.]
E.
No person, firm or corporation shall repair or construct
a sidewalk unless the same shall be in accordance with the grade established
and obtained from the Village Street Department or Code Enforcement
Officer and unless the same is built to the construction standards
as set forth herein and as may be modified from time to time.
F.
All replacement sidewalks shall be made of concrete.
G.
The Code Enforcement Officer shall prepare and file
specifications, rules and regulations relative to the following items,
which shall be filed with the Village Clerk. Said specifications,
rules and regulations are subject to modification from time to time.
(1)
The minimum and maximum dimensions for length, width
and depth of sidewalk blocks in residential and business areas.
(2)
Excavation and subbase requirements.
(3)
Forming and reinforcing.
(4)
Concrete mixture specifications.
(5)
Aggregate specifications.
(6)
Water quality.
(7)
Mixing of concrete ingredients.
(8)
Joints, finishing and protection of wet concrete.
(9)
Construction safeguards.
(10)
Any other matter or item that the Code Enforcement
Officer deems necessary, appropriate or desirable given the nature
and scope of the work to be performed and the location thereof.
H.
A copy of any permit issued in accordance with this
Article shall be maintained in the possession of the persons actually
doing the work so the same is available for inspection by the Code
Enforcement Officer or his or her representative on demand or upon
inspection of the sidewalk.
The village assumes no liability for personal injury or property damage claims arising as a result of defects and/or disrepair of public sidewalks. Liability for personal injury and/or property claims, settlements, verdicts, awards or judgments shall lie exclusively with the owner of the parcel of real property adjoining said sidewalk and/or occupants as tenants or otherwise if applicable. The undertaking of the village to take corrective or remedial action upon the default of the owner shall not relieve the owner of any responsibilities imposed by this Article or Article II of this chapter, which prescribes rules and regulations for snow and ice removal from sidewalks. The failure or omission by the village to undertake to provide services shall not create any liability attributable to the village. With respect to any dangerous conditions for which the village may be liable, it shall be entitled to receive the notice of defects required in accordance with Article IV of this chapter. Any duty on the part of the village pursuant to this Article is a general duty of the village. No person is authorized to create, imply, assume or infer a special duty by the village.
The Village Board of Trustees recognizes that
the repair of sidewalks can be costly and that it may impose a difficult
economic hardship on the owner of real property to keep the public
sidewalks in good repair. The village has heretofore established and
maintained a cooperative public sidewalk repair program. The program
has consisted, in major part, of a contribution by the village of
a portion of the cost of repair and replacement of defective, dangerous
public sidewalks and steps. Said program may or may not be funded
from time to time as determined by the Board of Trustees. Funding
for this program shall occur, if at all, by establishment of the same
as a line item on the budget of the Village of Horseheads adopted
annually by the Board of Trustees. In the event that such program
does exist and is funded, the owner may apply for and seek to qualify
for participation in said program subject to the terms and conditions
of the same. The lack of existence of such a program or funding thereof
shall not negate or obviate the duty of such owner to repair and/or
replace such sidewalk or portion thereof. Pursuant to the terms of
such program, the cost of repair of sidewalks is borne fifty percent
(50%) by the village as a whole and fifty percent (50%) by said owner.
The owner shall be billed for and pay for his or her portion of construction
upon acceptance of his or her application for participation in the
project. The money funding the program shall be utilized on a first-come-first-served
basis. Nevertheless, the Code Enforcement Officer shall have discretion
to prioritize projects if he or she determines that the same constitutes
a dangerous condition exposing pedestrians and users to immediate
and grave risk of harm. Pursuant to the terms of the program, the
work shall be performed by a contractor designated by the village
for that purpose based upon a unit price determined by the Board of
Trustees, set each year by resolution. Participation in the program
shall not be available to tax-exempt entities, which shall pay the
full cost of construction and/or repair.
