[Adopted 11-7-2011 by L.L. No. 10-2011[1]]
It is the intention of the Board to protect the health and safety
of the community by requiring the owners and occupants of lands utilized
for nonresidential or commercial purposes fronting or abutting on
any public street, highway or roadway and the owners of lands used
for residential purposes to maintain and repair sidewalks and curbing
adjacent to their properties in a safe condition for the protection
of pedestrians. In order to accomplish this goal, the Town Board is
exercising its authority under § 10(1)(ii)(a)(6) and (12)
and § 100(1)(ii)(d)(3) of the Municipal Home Rule Law, § 130(15)
of the Town Law and any other applicable provision of law now or hereinafter
enacted, to supersede and/or expand upon the applicable provision
of § 130(4) of the Town Law, and any other applicable or
successor law, in order to transfer liability for damage or injury
to person or property as a result of the failure to repair and maintain
sidewalks, and to remove snow, ice and obstructions or defects therefrom
to the abutting owners and occupants of land.
As used in this article, the following terms shall have the
meanings indicated:
Any person who has lawfully entered upon and is in the possession
of real property as a tenant, manager or person having charge of any
building or lot of ground or any use thereof or who has an interest
in the land which he possesses.
Any person having legal interest in real property.
Any person making use of a sidewalk for foot passage.
An individual, partnership, association, corporation, executor,
administrator, trustee, guardian, receiver or other person having
a legal interest in real property.
A walkway along the margin of a street or highway designed
and prepared for the use of pedestrians, to the exclusion of motor
vehicles.
The owner and occupant of a lot utilized for nonresidential
or commercial purposes in any zoning district, the owner of any lot
used for residential purposes and the owner of any common area of
a condominium or clustered development shall maintain and repair the
sidewalk adjoining his lands and shall keep such sidewalk free and
clear of and from snow and ice. Such owner or occupant, and each of
them, shall be liable for any injury or damage to person or property
by reason of the omission, failure or neglect to repair or maintain
such sidewalk in a safe condition or to remove snow or ice therefrom.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the adjoining sidewalk, it shall be strewn and kept strewn by the owner and occupant responsible for snow and ice removal pursuant to § 160-29 with sand, ashes sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalks shall be completely cleared of snow, ice and other material strewn thereon, as provided in this article.
It shall be unlawful for the owner and occupant of any parcel of real property identified in § 160-29 to permit any obstruction of any abutting or adjacent sidewalk, except as authorized by permit from the Superintendent of Highways, and such sidewalks shall be kept free and clear from dirt, rubbish, garbage and any vegetation, including but not limited to growth of hedges, trees or other plants, and any other obstruction. Such owner or occupant, and each of them, shall be liable for any injury or damage to person or property by reason of the omission, failure or neglect to remove obstructions and/or defects therefrom.
Upon failure of such owner or occupant to comply with the provisions of §§ 160-29, 160-30 and/or 160-35 of this article, the Superintendent of Highways may cause such snow, ice, dirt or other materials and obstructions to be removed or covered with suitable material and shall, in such event, forthwith file a report of the cost of expenses thereof with the Town Clerk. Said cost and expense, as the same shall appear from said report, shall be a lien upon the premises abutting said sidewalk so reported to have been cleaned or covered as a foresaid until paid, as provided in § 160-36.
The Town Board may, from time to time, by order, require the
repair of sidewalks along streets, roads, highways and parkways in
the Town and, with the consent of the County Superintendent of Highways
or the State Commissioner of Transportation, as the case may be, abutting
on a county or state highway, at the expense of the abutting owners
or otherwise, upon such notice and pursuant to the authority of the
requirements of § 130, Subdivision 4, and § 200-a
of the Town Law of the State of New York.
A.
Whenever the Town Board adopts an order directing the abutting owners
of the respective lots or parcels of land in front of which it is
desired that sidewalks be relaid or repaired in accordance with this
article, the Town Board shall specify the place, manner and time within
which the repair shall be completed, which time shall not be less
than 30 days from the adoption of the Town Board's order.
B.
The Town Clerk shall publish a notice of the Town Board's orders pursuant to Subsection A of this section in the official newspaper at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work, or the Clerk may serve a copy of the notice by certified mail within five days of adoption of order upon the owner or owners and by first class mail upon the occupant or occupants of the land in front of which it is desired that such repair shall be done.
A.
Whenever a notice to repair or relay a sidewalk pursuant to an order
of the Town Board has been served upon an owner of a lot or parcel
of land in front of which it is desired that sidewalks be relaid or
repaired and the owner shall not cause the repair to be made to the
sidewalk as required by the notice, the Highway Superintendent is
hereby authorized and directed to cause the repair to be made as required
by notice.
B.
The Highway Superintendent is hereby authorized to perform such work
or repair with his own forces or cause a contract to be let therefor
and to pay for the work out of the funds to be appropriated by the
Town Board for such purposes.
A.
The Town shall be reimbursed for the cost of relaying or repairing
any sidewalk when made by the Highway Superintendent pursuant to this
article by the owner of the respective lot or parcel of land in front
of which the repair was made, by assessment upon and collection from
the lot or parcel of land determined benefited by the repair; so much
of the actual and complete cost upon and from each lot as shall be
in just proportion to the amount of the benefit which the improvement
shall confer upon the property, as determined by the Town Board, and
collected in the same manner and at the same time as other special
assessment and ad valorem Town charges.
B.
Whenever expenditures are made by the Town for repairing sidewalks
or removing from sidewalks ice, snow or other accumulations thereon,
which under this article are assessable upon the land affected or
improved thereby, the Board shall serve a notice of a least 10 days
upon the owner or owners of such property, stating that such expenditure
has been made, its purpose and amount and that a specified time and
place it will meet to make an assessment of the expenditures upon
such land. The Board shall meet at the time and place in such notice
specified. It shall hear and determine all objections that may be
made to such assessment, including the amount thereof, and shall assess
upon the land the amount which it may deem just and reasonable, not
exceeding, in case of default, the amount stated in the notice. All
the provisions of law relating to the enforcement and collection of
unpaid taxes and assessments, not inconsistent herewith, shall apply
to the collection of such unpaid cost or expense. In addition to the
levy of the assessment, an action to recover the amount may be maintained
by the Town against the owner or occupant liable therefor.
Any person desirous of obtaining a permit to temporarily obstruct
a sidewalk shall obtain a permit from the Superintendent of Highways
upon payment of a fee to be established and amended from time to time
by resolution of the Town Board. It shall be the duty of such person
to barricade the area and to provide warning lights, as required by
the Superintendent of Highways, from one hour before sunset to 1/2
hour after sunrise.
A violation of this article is hereby declared to be a violation,
and any person violating the same shall, upon conviction, be punished
by a fine of not less than $100 nor more than $250 for each offense.
Each day or part thereof such violation continues after notification
by the Town shall be deemed a separate offense punishable in like
manner. The Town may also bring an action or proceeding to enjoin
the violation and/or to recover the costs incurred by the Town for
cleaning up or otherwise remedying the conditions brought about by
the violation of this article.
