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City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
[Derived from Secs. 14 through 20 of Ch. IV of the Charter and Ordinances, 1974]
It is the privilege and, on notice from the Commissioner of Public Works, it shall be the duty of any owner or occupant of any premises to grade and level the sidewalk in front of said premises between the street line and the curbline; however, the Commissioner of Public Works may, at the expense of the City, undertake any necessary grading in any area where federal funds are available, in full or in part, for such grading and leveling; such grade shall in all cases be at a fall of not more than 1/2 inch to the foot, except at driveways, when the grade may be increased by the consent of the Commissioner of Public Works, and except that where conditions require a change in the grade of any sidewalk other than as herein provided, such change may be made upon the approval of the Common Council.
A. 
It shall be the duty of the owner or occupant of any premises in the City, whenever such work shall be ordered by resolution of the Common Council, to lay water, sewer and gas service pipes from the main pipes in the street in front of such premises to such point beyond the curbline as the Commissioner of Public Works may determine. It shall be the duty of any such owner or occupant to lay and re-lay sidewalks in front of such premises whenever the same shall be so ordered. The Commissioner of Public Works shall notify the owner or occupant of any premises in front of which such work shall be required to be done that if the same is not done by the owner or occupant within 20 days, the same shall be done by the City, and the expense thereof shall be assessed upon such premises. Such notice may be served personally or by mailing the same in the manner prescribed in Section 160 of the Charter for the mailing of notices by the Board of Assessors. In case any such work shall not be done within the time specified in such notice, the Commissioner of Public Works may cause such work to be done, and the expense thereof shall be a charge and lien upon and shall be assessed against such premises.
B. 
However, where federal funds are available in whole or in part in a code enforcement area or an urban renewal project area or an approved community development block grant neighborhood improvement program area, the cost of grading or replacing sidewalks in the area may be borne by the City.
C. 
Whenever the relocation of any water, sewer or gas service pipe, connection or box is necessitated on account of the construction of a widened pavement on any street, alley, park approach or public thoroughfare, the cost or expense thereof shall be paid solely by the City from the general fund, and no part of such cost or expense shall be assessed against the premises serviced by such water, sewer or gas service pipe, connection or box and without liability therefor on the part of the owner or occupant of such premises.
D. 
It shall be the duty of such owner or occupant to keep in repair the water, sewer and gas service pipes serving his premises, the sidewalks in front thereof and the driveways into the same and to install drains connected with the sewer on open land prevent unusual and dangerous accumulations of water and ice upon sidewalks, roadways and public places.
E. 
However, where any sidewalk lying between the street line and the curb is damaged by reason of trees or roots of such trees situated on City-owned lands, said sidewalk shall be reconstructed or repaired by the Department of Public Works at the sole expense of the City, and the tree or root of such tree causing such damage shall be removed by the Department of Parks at the sole expense of the City.
A. 
If any owner or occupant shall neglect to grade and level the sidewalk in front of lands owned or occupied by him for 20 days after notice so to do by the Commissioner of Public Works, the Commissioner of Public Works may cause such work to be done.
B. 
If the owner or occupant of any lands, the grade or level of which is above the established grade of the sidewalk in front thereof, shall neglect or refuse to protect such land so as to prevent dirt, earth, stones or other material from falling or being washed upon the sidewalk from such lands, or excessive drainage of surface waters therefrom, for 20 days after service upon him of notice, the Commissioner of Public Works shall cause such work to be done.
C. 
Upon performance by the Commissioner of Public Works of the work herein provided for, the Commissioner of Public Works shall report the expense thereof to the Common Council, which shall cause such expense to be assessed upon the premises in front of which such work is done; and, in addition thereto, failure by the owner or occupant to grade or perform the work provided herein shall constitute a violation of this section.
D. 
The Commissioner of Public Works shall report all such work so far as possible to the Common Council each month, and the Common Council shall order the Assessors to assess the same upon such premises, and the Assessors shall include the same in the monthly assessment roll, as provided in Section 571 of the Charter.
A. 
No person shall construct or reconstruct a sidewalk on any street until he shall have obtained written permission to do so from the Department of Public Works, which Department shall collect and receive a fee for each permit computed at the rate as provided in Chapter 175, Fees, for each lot frontage included in said permit.
B. 
Such permit shall specify the slope, grade, width and location of the sidewalk.
C. 
Such sidewalks shall be constructed of concrete and shall not be less than four feet in width, except by written permission of the Department of Public Works, and may be of such greater width as may be ordered.
D. 
No person shall lay or re-lay any wood or plank sidewalks nor repair or patch any sidewalk with asphalt or an asphalt composition upon the streets within the City, except for temporary repairs made by the City of Buffalo.
The Commissioner of Public Works shall prepare plans and specifications and shall annually advertise for bids for the construction, reconstruction and repair of such sidewalks as shall be ordered during the twelve-month period specified in such advertisement. Such bids shall be advertised for and the contract for such work awarded as provided by Section 665 of the Charter.
A. 
It shall be the duty of every owner or occupant of any premises fronting on any public street or ground to keep the sidewalk in front of the same in good order and repair, and he shall allow no accumulation of dirt, refuse or other material to remain thereon.
B. 
Any person violating the regulatory provisions of this section may be liable, in addition to the general penalties and penalties set forth herein, to penalties established in Chapter 137, Article I, of this Code.
No person, unless authorized by the Common Council, shall paint, mark, write, print or stencil any letters, figures, pictures or characters of any kind upon any of the public sidewalks or pavements, whether for advertising purposes or otherwise.