Any owner of real property situate in the Village of Dundee,
New York, whose real property abuts on any public street may be eligible
for the following sidewalk replacement program hereby established:
A. If the sidewalk is in need of repair or replacement, the owner of
said real property may make application, whether said application
is voluntary or as the result of an order of the Board of Trustees
for the Village of Dundee, at Village cost, to remove the existing
sidewalk by making a written application to the Village asking for
said removal of the sidewalk and in addition indemnifying the Village
from any claim, demand or cause of action arising out of or relating
to the removal of said sidewalk. A fee for the filing of said application
may be established by the Village Board of Trustees. The application
will be processed and acted upon in the chronological order in which
it is received, and the Village will perform these services only to
the extent that the Village personnel, equipment, moneys and assets
are available, and such availability will be at the sole discretion
of the Village Board of the Village of Dundee. During the removal
and hauling away of said sidewalks, the Village will maintain the
subject area, but once the Village has performed this service, it
will be the responsibility of the owner to maintain the area in a
safe manner until the completion of the installation of the new sidewalk.
The Village will not remove or haul away sidewalks until the owner
has agreed to replace them with new concrete sidewalks in accordance
with the other requirements of this chapter, which agreement must
be to replace within a reasonable time not to exceed 14 days from
the completion of the Village services.
B. The Village of Dundee will replace or construct sidewalk at a cost
per linear foot. This cost will be determined by resolution by the
Village of Dundee Board of Trustees on an annual basis. Said owner
will then be billed by the Village of Dundee for their cost of sidewalk
construction and/or repair.
C. Any property owner who chooses to have an independent contractor
for sidewalk construction will be expected to comply with the Village
application requirements, removal and disposal of old sidewalk, meeting
new sidewalk specifications and assume the entire cost of sidewalk
replacement.
D. Failure of the Village Board of Trustees to budget funds for repair
of sidewalks shall in no way excuse any property owner from properly
maintaining, repairing, constructing or replacing sidewalks in accordance
with any order issued by the Village Board of the Village of Dundee.
E. All sidewalks so installed by the Village or independent contractor
shall be subject to inspection and approval by the Village of Dundee,
New York, through its designated agents, and, until so approved, the
owner shall not have fulfilled his duties under the terms of this
chapter. The Village designated agent shall be Superintendent of Public
Works or Deputy of Public Works or Code Enforcement Officer.
F. Within five days of the installation of said sidewalk, the owner
shall notify the Village of Dundee, New York, of the same and request
at said time the inspection and approval of said sidewalk.
G. The owner of any public sidewalk within the Village of Dundee shall
keep the same in good repair, and, if he fails to do so, the Village
Clerk shall notify said owner in writing by mail addressed to his
address as shown by the Village assessment rolls demanding that said
owner shall cause the sidewalk to be repaired to conform to the requirements
of this chapter within 30 days of the receipt of the notice. Upon
the failure of said owner to repair such sidewalk within said period
of time, the Village of Dundee, New York, may then repair said sidewalk
at the owner's expense, and the Village Clerk shall bill said
owner by mail for the reasonable expenditures incurred by said Village
in making said installation.
H. Not later than the 14th day of January of each year, the Clerk shall
submit to the Board of Trustees of said Village a report showing the
names of any owner who have failed to pay any bill rendered to said
owners pursuant to any subsection of this chapter hereinbefore during
the last 12 months, together with the amount of said unpaid bills,
and the Board of Trustees, upon receiving said report, shall direct
that said unpaid amounts be against the real property of said owner
which abuts the public streets, as of the following June 1, and shall
become a lien against said real property at said time and shall be
collected along with the current Village taxes.
No person shall obstruct, or cause or permit to be obstructed
any sidewalk or crosswalk in the Village, by placing thereon any boxes,
barrels, goods, wares, merchandise or other obstruction of any kind
or nature or suspending any sign, goods, wares or merchandise across
or over any walk within eight feet of the same except temporarily
when loading or unloading a vehicle.
A. No open gutters, pipes, hoses, etc. for conducting rainwater or drainage
of any kind will be permitted to run over the top of the sidewalk
or curbs.
B. All underground rain conductors shall be constructed of HDPE or approved
plastics, constructed under the sidewalk and through the curb to the
gutter.
C. It shall be unlawful to plant and maintain any trees between curb
and corresponding sidewalk. This shall not apply to any trees presently
so growing. All new trees shall be planted on the residence side of
the sidewalk at a distance which will not interfere with the sidewalk
at any time in the future.
No person shall place or cause to be placed in or upon any public
street, lane, alley or sidewalk any stone, brick, plank, timber, lumber
or other building material without the written permission of the Board
of Trustees; provided, however, that such permission shall not be
for a period longer than 10 days, nor shall such permission authorize
the obstruction of any sidewalk or crosswalk unless an enclosed passageway
is constructed and subject to such other terms and conditions as the
Board of Trustees may establish to safeguard the public and to minimize
the interference of the public in the use of such street or other
passageway.