[Adopted 7-1-2009 by L.L. No. 3-2009]
The purpose of this article is to provide for the allocation
of the cost of constructing, replacing, or substantially repairing
sidewalks located in the Town of Fenton, and to provide a mechanism
for collecting said costs from property owners. This article is adopted
pursuant to the Municipal Home Rule Law of the State of New York and
§ 200-a of the Town Law of the State of New York.
As used in this article, the following terms shall have the
meanings indicated:
The construction of a sidewalk where one did not previously
exist.
The owner or owners of real property upon which a sidewalk
is located or upon which a new sidewalk will be located. "Property
owner" shall also mean the owner or owners of real property abutting
a sidewalk, or which will abut a new sidewalk when constructed.
The wholesale replacement of an existing sidewalk.
The repair of an existing sidewalk which is in such a deteriorated
condition that the repair thereof, in the opinion of the Town Engineer
or Building Inspector, is tantamount to a capital improvement rather
than routine maintenance.
Whenever the Town of Fenton proposes to construct, replace,
or substantially repair sidewalks along any road in the Town of Fenton,
the Town shall notify the property owners in advance of said construction,
replacement, or substantial repair. Notice shall be given by regular
mail or personal delivery. If notice is given by personal delivery,
it shall be sufficient to place the notice in the owner's mailbox.
Notice shall be given at least 30 days prior to the beginning of the
work.
The Town shall be responsible for 75% of the cost of said construction,
replacement, or substantial repair, and the property owner shall be
responsible for 25%.
A.
The Town shall, within a reasonable time after the conclusion of
said construction, replacement, or substantial repair, send an invoice
to each property owner for said owner's share of the cost thereof.
The property owner shall remit payment within 30 days after receipt
of said invoice.
B.
In the event any property owner does not pay said invoice within
said thirty-day period, the Town shall have the option of bringing
a civil action to recover the cost, and/or to assess the cost as a
charge against the real property to be collected through the real
property tax billing process.
