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.
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.
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.
[Amended at time of adoption of Code; See Ch. 1, General
Provisions, Art. I.]
Any person found guilty of a violation of this Article shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.