[Amended 12-16-1991 by L.L. No. 3-1991; 5-2-1994 by L.L. No. 1-1994]
No person shall construct, reconstruct, repair
or grade a sidewalk or any street, avenue or alley, until he or she
shall have obtained a written permit to do so from the Superintendent
of Public Works, which permit shall determine and specify the slope,
grade, width and location of the sidewalk and shall specify that concrete
shall be the only material to be used in the construction thereof.
A.
Generally. Every owner or occupant of any premises
shall keep the public sidewalk of such premises free and clear from
snow, ice, dirt and other obstructions.
B.
Duty to maintain sidewalks and area between sidewalks
and street pavement. It shall be the duty of every owner or occupant
of premises abutting any public street or grounds to keep the sidewalk
and the area between the sidewalk and street adjoining same in good
order and repair and no one shall brush, sweep, shovel, or plow any
accumulation of refuse or other material into the street, nor allow
any accumulation of refuse or other materials to remain thereon.
C.
Snow and ice. It shall be the duty of every owner
or occupant of any premises adjoining any public street or alley to
remove all snow and ice which may have fallen upon the sidewalk adjoining
said premises by 9:00 a.m. In case the snow and ice on the sidewalk
shall be frozen so hard that it cannot be removed without material
difficulty or injury to the pavement, the owner, lessee, tenant, occupant
or other person having charge of any building or lot of ground as
aforesaid shall within the time specified above, cause the sidewalk
adjoining the premises to be strewed with ashes, sand, sawdust, salt
or some suitable material and shall as soon thereafter as the weather
permits thoroughly clean said sidewalks.
D.
It shall, in all cases, be the duty of the owner of every lot or piece of land in the Village of Depew to keep the sidewalks adjoining the owner's lot or piece of land in good repair and to remove and clean away all snow and ice and other obstruction from such sidewalks. Failure to do so will result in the costs of any repair done by the Village of Depew to be assessed against the landowner as detailed in §§ 203-3 and 203-12, and, further, said landowner shall be liable in tort for any injuries to any person or property as a result of the landowner's failure to comply with this article.
[Added 12-23-2019 by L.L. No. 5-2019]
In case of neglect or refusal of any owner or occupant to comply with the provisions of § 203-2, it shall be the duty of the Superintendent of Public Works to enforce the provisions of this article and to employ workers to do said work and report the cost of the same to the Board of Trustees of the Village which shall order assessments upon said lands for the actual expense plus an additional charge of 50% thereon to cover the expense of administration and supervision.
No person engaged in the garage business or
in the business of repairing, manufacturing or selling automobiles
or parts thereof or supplies therefor or any business affecting in
any manner automobiles or vehicles, shall use any part of any street,
sidewalk or area between sidewalk and street, alley, parkway, or other
public place for the storing, exhibiting, repairing or otherwise caring
for automobiles or other vehicles.
No person shall construct a vault, coal hole
or chute under or through the sidewalk without the written consent
of the Superintendent of Public Works.
A.
No person shall conduct or maintain any sideshow,
any vending stand of any nature whatsoever or any lunch counter or
stand for the sale of foodstuffs or drinks of any kind upon any sidewalk
or street of the Village without the consent of the Board of Trustees.
B.
No goods, wares or merchandise may be placed upon
the sidewalks or streets of the Village for exhibition or sale without
the consent of the Board of Trustees.
No person shall spill, place or deposit upon
the sidewalk or the pavement of any street in the Village any oil,
grease or other substance which tends to disintegrate the pavement
or is otherwise dangerous for animals, vehicles or persons.
No person shall be permitted to drive equipment
upon any street or public highway in the Village, the wheels of which
contain or are equipped with any lugs, spikes or any other wheel equipment
causing or liable to cause any indentations or damage to the pavements,
streets or public highways of the Village.
A.
Existing streets. In existing streets where there
are no existing sidewalks, curbs and/or gutters, the Board of Trustees
may direct the Superintendent of Public Works or such other person,
firm or corporation as it may deem necessary or appropriate to construct
crosswalks, sidewalks, curbs and/or gutters upon the streets or adjacent
to said streets within the Village of Depew.
B.
Specifications and execution of work. In authorizing
the work to be performed, the Board of Trustees may prescribe that
the Superintendent of Public Works or such other person, partnership
or corporation as it shall deem necessary or appropriate shall direct
and ascertain the manner of doing such work and the kind of materials
to be used therein. The Board of Trustees shall further direct or
prescribe that said persons shall inspect and approve of the above
mentioned work upon the completion of same.
C.
Determination of apportionment of costs. Such construction
of crosswalks, sidewalks, curbs and gutters upon a street within the
Village of Depew 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 the adjoining owners or occupants
and the Village in such proportion as the Board of Trustees shall
determine pursuant to Village Law § 6-620.
If a crosswalk, sidewalk, curb or gutter is
required to be constructed wholly 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, a new crosswalk, sidewalk, curb
or gutter is required to be constructed, shall be served upon such
owner or occupant.
A.
Village may perform work. If an owner or occupant shall not construct the crosswalk, sidewalk, curb or gutter as required by the notice in § 203-10, the Board of Trustees may cause or authorize such person, firm or corporation as it deems necessary to cause the same to be constructed and assess the expense thereof upon the adjoining land.
B.
Joint expense. If a crosswalk, sidewalk, curb or gutter
is to be constructed at the joint expense of the Village and the owner
or occupant, the Board of Trustees may cause the same to be constructed
and assess upon the adjoining land the proportion of the expenses
chargeable against same.
If any occupant or owner, after notice to level,
construct, or reconstruct any existing public sidewalk adjoining lands
owned or occupied by him or her shall neglect so to do for 10 days
after notice thereof by the Village Clerk, the Superintendent of Public
Works may cause said work to be done and the expense thereof shall
be reported to the Board of Trustees and the actual expense plus an
additional charge of 50% thereon to cover the expense of administration
and supervision shall be assessed upon the adjoining premises of which
the work is done.
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 Depew or such
other third party as the Board shall designate to act in its behalf
in said matter.
A.
Any or all assessments to be charged against land
owners or occupants pursuant to this article shall be made and collected
and taxes levied in the same manner as the regular Village Tax of
the Village of Depew. Any or all expenses incurred in connection with
improvements to adjoining land including surcharge shall be charged
against said land owner and the charge for such improvements shall
be treated as a portion of the Village Tax next becoming due in the
Village of Depew.
B.
It is the intention of the Board of Trustees of the
Village of Depew that such assessment shall be charged against and
payable by the party having title to the premises upon which the improvements
were made at the time that the next tax bill becomes due in the Village
of Depew.
The Board of Trustees of the Village of Depew
may, in its discretion and where it sees fit, issue bonds of the Village
to defray the expense of any such work or improvement pursuant to
the Local Finance Law.
