[HISTORY: Adopted by the Board of Trustees of the Village of Middleport as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-7-1975 by L.L. No. 2-1975]
A. 
The Village Board of the Village of Middleport shall be authorized to direct the Superintendent of Public Works, or such other person, partnership or corporation as it may deem appropriate, to repair, maintain or construct crosswalks, sidewalks, curbs and/or gutters upon the streets or adjacent to said streets within the Village of Middleport.
B. 
In authorizing that the above-mentioned repairs, maintenance or construction be performed, the Village Board of the Village of Middleport may prescribe that the Superintendent of Public Works of the Village of Middleport, or such other person, partnership or corporation as it shall deem appropriate, shall direct and ascertain the manner of doing such work and the kind of materials to be used therein. The Village Board of the Village of Middleport shall further direct or prescribe that said persons shall inspect and approve of the above-mentioned work upon the completion of same.
A. 
Such repairs, maintenance or construction of crosswalks, sidewalks, curbs and gutters upon a street within the Village of Middleport or upon premises adjoining said street may be wholly at the expense of said village or the owner or occupants of the adjoining land, or partly at the expense of each, except as follows:
B. 
The village shall pay the total expense of the construction and repair of crosswalks. "Crosswalks" are defined as that portion of a sidewalk located at a street corner, which extends from the place where the main sidewalks meet or would meet if sidewalks were constructed along both streets, to the edge of the pavement of the street.
If a crosswalk, sidewalk, curb or gutter is so required to be constructed or repaired wholly, or partially, at the expense of the owners or occupants of adjoining lands, a notice specifying the place and manner and the time, not less than 10 days in case of new construction, or not less than 24 hours in case of repairs, within which the crosswalk, sidewalk, curb or gutter is required to be constructed or repaired shall be served upon such owner or occupant. The notice shall specify the portion of the cost to be paid by the village.
A. 
If an owner or occupant shall not construct or repair the crosswalk, sidewalk, curb or gutter as required by the notice in the section as set forth above, the Board of Trustees may cause or authorize such person as it deems necessary to cause the same to be constructed or repaired and assess the expense thereof upon the adjoining land.
B. 
If a crosswalk, sidewalk, curb or gutter is to be constructed or repaired at the joint expense of the village and the owner or occupant, the Board of Trustees may cause the same to be constructed or repaired and assess upon the adjoining land the proportion of the expenses chargeable against the same.
All grading done on crosswalks, sidewalks, curbs or gutters laid or repaired by the owners of adjoining land shall be in accordance with the specifications and under the direction and supervision of the Board of Trustees of the Village of Middleport or such other third party as the Board shall designate to act in its behalf in said matter.
Any and all assessments to be charged against adjoining land and to be paid by adjoining land owners pursuant to this article shall be made and collected as provided by Village Law § 5-518.
The Board of Trustees of the Village of Middleport, in its discretion and where it sees fit, may issue bonds of the village to defray the expense of any such work or improvement.
[Added 3-20-2006 by L.L. No. 2-2006]
Any person who shall destroy, remove, alter or replace any sidewalk without consent of the Village Superintendent of Public Works, or without utilizing materials, specifications and finishing grading as specified by the Superintendent of Public Works, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed six months, or both such fine and imprisonment. Such penalty shall be in addition to and not in lieu of the remaining provisions of this article.