[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.]
[Amended 8-21-1995 as L.L. No. 4-1995]
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:
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.
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.
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.
