[Adopted 4-5-2001 by L.L. No. 1-2001; amended 1-11-2005 by L.L. No. 1-2005]
The purpose of this article shall be to preserve
the public peace and good order in the Village of Roslyn Harbor and
to contribute to the public welfare, safety and good order of its
people and to contribute to the safe conveyance of its people over
the streets and sidewalks of the Village by establishing certain regulations
for the maintenance and repair of sidewalks and/or curbs and/or gutters,
removal of snow and ice from the streets and sidewalks of the Village
and the maintenance of the same that are consistent with the rights
and privileges of other residents of the Village.
A.
The owners of property situated within the Incorporated
Village of Roslyn Harbor shall, at their own cost and expense, be
responsible for the reconstruction, repair and maintenance of sidewalks,
curbs and gutters on and along all streets upon which their premises
abut and shall be liable to those who may be injured on or about such
sidewalks, curbs and/or gutters. Such sidewalks, curbs and gutters
shall be reconstructed or repaired in a manner and in accordance with
specifications approved by the Building Department of the Village,
and such sidewalks, curbs and gutters, and all land between the same,
shall at all times be maintained by such owner in good order and repair
and in a safe and sanitary condition.
B.
This article shall be applicable regardless of the
type of sidewalk that exists, whether flagstone, brick, concrete,
blacktop or other material.
C.
For purposes of this article, the term "gutter" shall
mean the groove or low area along a street or curb to direct and carry
off surface water.
D.
The Board of Trustees may from time to time require
the reconstruction or repair of sidewalks, curbs, or gutters along
streets and highways in the Village of Roslyn Harbor at the expense
of the abutting property owner or the occupant of abutting property
upon such notice and pursuant to the authority and requirements of
Article 6 of the Village Law, Nassau County Administrative Code Section
12-4.0(c), and as contained herein and as otherwise provided by law.
If any such sidewalk, curb or gutter is required
to be reconstructed or repaired, a notice in writing specifying the
place and manner of such reconstruction or repair and the time, not
less than 24 hours, within which the sidewalk, curb or gutter is required
to be reconstructed or repaired shall be served upon such owner or
occupant personally or by certified mail. If an owner or occupant
shall not reconstruct or repair the sidewalk, curb or gutter as required
by and within the time set forth in the notice, the Board of Trustees
may cause the same to be so reconstructed or repaired and may assess
the expense thereof upon the adjoining land. Assessment shall be made
and collected and taxes levied as provided in the Village Law.
No sidewalk, curb or gutter shall be reconstructed or repaired or work thereon commenced until the owner of the premises in front of which such sidewalk, curb, or gutter proposed to be reconstructed or repaired shall have obtained a permit therefor. Applications for such permits shall be made in writing to the Building Department in such form as may be required by the Board and shall be accompanied by a fee as provided in Chapter 125, Fees and Deposits, to be paid to the Village Clerk. Such permit shall be issued by the Village Clerk after approval by the Building Department endorsed thereupon, unless the same shall be directed by resolution of the Board, and such permit shall specify such directions as circumstances may require both as to reconstruction or repair and protection of persons using the streets. The owner is responsible for the quality of the finished sidewalk, curb or gutter. All sidewalk, curb or gutter repair or reconstruction shall be performed with rules, regulations and specifications established by the Building Department.
[Amended 2-13-2018 by L.L. No. 2-2018]
Every owner or occupant of any house, building or structure
or the owner of any vacant lot, plot or parcel of land within the
incorporated limits of the Village of Roslyn Harbor shall, with respect
to the sidewalk abutting such house, building, structure, vacant lot,
plot or parcel of land and whether said sidewalk is in the front,
side or rear of the house, building, structure, or vacant lot, plot
or parcel of land, keep the same in good and safe repair and shall:
A.
In the event of a snowfall, remove the snow from said sidewalk within
12 hours after said snowfall shall cease and thereafter keep the sidewalk
free from snow and ice for the full paved width of such sidewalk,
except in such case where the removal of such snow and ice shall be
rendered impossible without damaging said sidewalk, in which event
the sidewalk shall be covered with sand or other suitable materials
so as to enable persons to walk thereon with safety. As soon as practical
thereafter, the sidewalk shall be completely cleared of snow, ice
and other materials strewn thereon, as provided in this article;
B.
Keep the sidewalk and the area from the property line of such owner
to the paved portion of the road, free of dirt, filth, weeds, leaves,
branches, rubbish, encumbrances, and obstructions of every kind and,
within 10 days after notice from the Village sent to the owner or
occupant at the premises and last known address of the owner, remove
such dirt, filth, weeds, leaves, branches, rubbish, encumbrances,
obstructions or other nuisances as may be specified in said notice;
and
C.
Be liable to those who may be injured on or about such sidewalks,
the area from the property line to the paved portion of the road.
In case of a failure of the owner or occupant
of the premises to comply with such notice or requirement within the
time therein mentioned, said violation may be abated by the Village
and the expense thereof shall be assessed upon the real property upon
which said violation exists. Such charge shall constitute a lien and
charge upon the real property upon which it is levied until paid or
otherwise satisfied or discharged and shall be collected by the Village
Treasurer, including administrative, legal and/or other actual expenses
incurred by the Village in the manner provided for the collection
of delinquent taxes. Said administrative and legal expenses incurred
by the Village, not including cleanup expenses or other charges incurred
by the Village to abate the violation, shall not exceed $1,000.
[Amended 3-22-2006 by L.L. No. 1-2006]
Violators of any portion of this article shall be guilty of an offense punishable as provided in Chapter 1, Article I of this Code for each and every day following the expiration of the time allotted by the notice for abatement of the nuisance. Every violation of this article shall constitute a public nuisance. The Maintenance Consultant (or such other person as may be hereafter named by resolution of the Board of Trustees) is hereby designed as the agent who may institute appropriate action to enforce compliance with this article.
