[HISTORY: Adopted by the Board of Trustees of the Village of Montour
Falls 11-21-1983 as L.L. No. 1-1983. Amendments
noted where applicable.]
A.
Nothing herein contained shall relieve the owner of real
property from liability for damages or injuries to person or property sustained
in consequence of any sidewalk, of whatever material, being defective, out
of repair, unsafe, dangerous or obstructed.
B.
No civil action shall be maintained against the Village
for damages or injuries to person or property sustained in consequence of
any street, highway, bridge, culvert, sidewalk, of whatever material, or sign
being defective, out of repair, unsafe, dangerous or obstructed or for damages
or injuries to person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, of whatever material, unless written notice
of the defective, unsafe, dangerous or obstructed condition or of the existence
of the snow or ice, relating to the particular place, was actually given to
the Village Clerk and there was a failure or neglect within a reasonable time
after the receipt of such notice to repair or remove the defect, danger or
obstruction complained of or to cause the snow or ice to be removed or the
place otherwise to be made reasonably safe.
As used in this chapter, the following terms shall have the meanings
indicated:
- JOINT LIABILITY
- If there is more than one such owner, the duties and liabilities shall be joint and several. Possession of a parcel of real property by another shall not relieve the deed owner of duties and liabilities hereinafter set forth.
- OWNER
- The term "owner" shall embrace all owners of any parcel of real property, whether individuals or corporations, and shall include deed owners as well as lessees, occupants and persons having charge of real property.
- SIDEWALKS
- The term "sidewalk" shall include any passageway, crosswalk, approaches, steps, culverts, bridge, grating, opening, drain, ramp, slopes or any other appurtenances by whatever name to said sidewalk, extending across a parcel of real property, constructed or used for the use and benefit of the public.
[Amended 8-21-1995 by L.L. No. 4-1995; 8-6-2001
by L.L. No. 2-2001]
It shall be the duty of every owner of any real property in the Village
of Montour Falls fronting or abutting on a highway in said Village upon which
there is a sidewalk to maintain said sidewalk in such condition that the same
is not out of repair, defective, unsafe, dangerous or obstructed.
[1]
Editor's Note: See also § 6-628 of the Village Law.
A.
It shall be the duty of every owner of real property
in the Village of Montour Falls fronting or abutting on a highway in said
Village, upon which there is a sidewalk, of whatever material, to keep the
same free and clear of snow and/or ice.
[Amended 8-21-1995 by L.L. No. 4-1995]
B.
The owner shall, within 48 hours of the cessation of
every fall of snow or the formation of any ice on any sidewalk, remove or
cause to be removed or cleared, entirely, the snow and/or ice from the sidewalk,
of whatever material. In the event that the snow and/or ice on any sidewalk,
of whatever material, is frozen so hard that it cannot practically be removed,
the owner shall cover or cause to be covered the sidewalk, of whatever material,
with cinders, sand, salt or some similar materials and shall, as soon thereafter
as the weather will permit, thoroughly clean the sidewalk, of whatever material,
and remove the snow and/or ice therefrom.
[Amended 8-21-1995 by L.L. No. 4-1995]
C.
In the event that the sidewalk, of whatever material,
shall not be cleared of snow and/or ice or covered with suitable material,
as herein provided, before the expiration of the time above listed for cleaning
or covering of the same, then and in that event the Village, in its discretion,
may proceed to so clean or cover the sidewalk and the cost of doing the work
on the sidewalk shall be ascertained and a report thereof shall be filed in
the office of the Clerk of the Village.
[Amended 8-21-1995 by L.L. No. 4-1995]
D.
The cost of the work, as the same shall appear from the
report on file in the Village Clerk's office, shall be sent to the owner,
as it appears on the tax assessment roll, and shall be a lien upon the premises
until paid. 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 a part of
the tax to be collected upon the premises against which the cost shall be
a lien. The same shall be included in the completed tax roll and shall be
collected as part of the taxes against the premises.
A.
It shall be the duty of the owner to repair any existing,
out of repair sidewalks and to remove any defective, unsafe, dangerous or
obstructed conditions.
B.
In the event that a sidewalk is out of repair or in a
defective, unsafe, dangerous or obstructed condition and a notice thereof
is given to the Village by a third party, in person or by certified mail,
the owner shall be notified immediately. In the event that the defective condition
comes to the attention of the Board without notice by a third party, in person
or by certified mail, the owner shall be notified of such defective condition.
C.
It shall be the duty of the owner to correct the defective,
unsafe, dangerous or obstructed conditions within 48 hours.
D.
In the event that the defective, unsafe, dangerous or
obstructed conditions are not corrected, as herein provided, before the expiration
of the time above limited for the correcting of the same, then and in that
event the Village, in its discretion, may proceed to correct the defective,
unsafe, dangerous or obstructed conditions and the cost of doing the work
shall be ascertained and a report thereof shall be filed in the office of
the Clerk of the Village.
E.
The cost of the work, as the same shall appear from the
report on file in the Village Clerk's office, shall be sent to the owner,
as it appears on the tax assessment roll, and shall be a lien upon the premises
until paid. 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 a part of
the tax to be collected upon the premises against which the cost shall be
a lien. The same shall be included in the completed tax roll and shall be
collected as part of the taxes against the premises.
[Amended 8-6-2001 by L.L. No. 2-2001]
In the event that an owner constructs a new sidewalk or reconstructs
an existing sidewalk, the work should be done in accordance with the following
specifications:
A.
At the request of an owner, the Village will, at no cost
to the owner, break up and remove any existing sidewalk upon the condition
that the owner will replace the existing sidewalk with a new sidewalk within
48 hours.
B.
In the event that a sidewalk is out of repair, defective,
unsafe, dangerous or obstructed due to the Village's main sewer lines
running thereunder, said sidewalk will be repaired by the Village at the Village's
expense.
C.
All new sidewalks constructed within the Village shall
be of concrete construction only. The concrete shall be at least a six-bag
mix.
D.
Concrete sidewalks shall have a width of at least four
feet and a thickness of at least four inches. The topcoat or layer of said
concrete sidewalk shall be floated and troweled to produce a uniform surface
and the edges of each joint shall be finished with an edging tool.
E.
All rebuilt or new sidewalks shall be constructed in
accordance with a grade established by the Village.
F.
All rebuilt or new sidewalks shall be subject to inspection
and approval by the Village, through its designated agents, and until approved,
the owner shall not have fulfilled his/her obligations hereunder.
G.
Immediately following the construction or reconstruction
of a sidewalk, the owner shall notify the Village that the same has been completed
and request that the Village inspect the same and deliver to the owner a certificate
of approval of said construction or reconstruction.
H.
Nothing herein shall require an owner to install a sidewalk
where none is now in existence unless the abutting owners have sidewalks on
their property.
I.
In the event that an owner fails to repair a sidewalk
or fails to complete the repair of a sidewalk or the installation of a new
sidewalk within seven days of the commencement thereof, the Village may proceed
to complete the sidewalk and the cost or expense of doing the work on the
sidewalk shall be ascertained and a report shall be filed in the office of
the Clerk of the Village.
J.
The cost of the work, as the same shall appear from the
report on file in the Village Clerk's office, shall be sent to the owner,
as it appears on the tax assessment roll, and shall be a lien upon the premises
until paid. 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 in the completed tax roll and shall be
collected as part of the taxes against the premises.
[Added 9-2-1986 by L.L. No. 3-1986]
A.
It will be the duty of the owner to remove any tree limbs
on the owner's property overhanging the streets or sidewalks in the event
that the limbs overhanging the streets or sidewalks are less than 12 feet
from the street to the lowest portion of the limbs or less than eight feet
from the sidewalk to the lowest portion of the limbs.
B.
In the event that the lowest portion of a tree limb is
less than 12 feet from the street or eight feet from the sidewalk and a notice
thereof is given to the Village by a third party, in person or by certified
mail, the owner shall be notified immediately. In the event that the condition
comes to the attention of the Board without notice by a third party, in person
or by certified mail, the owner shall be notified of such condition.
C.
It shall be the duty of the owner to correct the condition
within seven days.
D.
In the event that the condition is not corrected as herein
provided, before the expiration of the time above limited for the correcting
of the same, then and in that event the Village, in its discretion, may proceed
to correct the condition and the cost of doing the work shall be ascertained
and a report thereof shall be filed in the office of the Clerk of the Village.
E.
The cost of the work, as the same shall appear from the
report on file in the Village Clerk's office, shall be sent to the owner,
as it appears on the tax assessment roll, and shall be a lien upon the premises
until paid. 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 a part of
the tax to be collected upon the premises against which the cost shall be
a lien. The same shall be included in the completed tax roll and shall be
collected as part of the taxes against the premises.
[Amended 9-2-1986 by L.L. No. 3-1986; 8-21-1995
by L.L. No. 4-1995]
The penalty for each and every violation of the provisions hereof shall
be a fine of not more than $250, plus the costs of the proceeding, or imprisonment
for not more than 15 days, or both.
