[L.L. No.
9-1977; § 2, L.L. No. 2-1980; § 1, L.L. No. 6-2009]
It is the duty of the owner and the
occupant of the ground floor of any structure thereon to remove and
clean away all snow, ice and other refuse or obstructions from said
sidewalk. The Commissioner of Environmental Services has the power
to cause snow, ice or other obstructions to be cleaned or removed
from any sidewalk where the same have remained thereon for 12 hours.
A bill or statement of the amount of expenses incurred in cleaning
such sidewalks of snow, ice or obstructions must be mailed to the
owner by first-class mail with delivery confirmation. If such expense
is not paid, an affidavit of the actual cost thereof with an addition
thereto of 10%, the street address of the property in front of which
the work or cleaning was done and the date of completion thereof must
be filed with the Assessor of the City. In addition to other remedies
provided herein, the City of Rochester has a cause of action against
any owner to collect the expense of any work or cleaning done or made
as aforesaid.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980; § 1, L.L. No. 1-2006]
It is the duty of the owner of any
lot or parcel of land to keep the sidewalks adjoining his or her lot
or parcel of land in good repair and free from obstructions or defects.
The City Engineer has the power to cause to be repaired any sidewalk
where the owner of the abutting property neglects or refuses to repair
the same within 21 days after written notice to do so has been served
upon him or her, either personally or by leaving the same at his or
her residence or, if he or she is a nonresident, by mailing the same
to him or her at his or her last known place of residence or, if the
name of the owner or place of residence cannot be ascertained after
due diligence, by posting the same in a conspicuous place on the premises.
A bill or statement of the amount of expenses incurred in making such
repairs must be served on the owner as hereinbefore provided for the
service of notice to repair. If such expense is not paid, an affidavit
of the actual cost thereof with an addition thereto of 10%, the street
address of the property in front of which the work and repairs were
performed and the date of the completion thereof must be filed with
the Assessor of the City. In addition to other remedies herein provided,
the City of Rochester has a cause of action against any owner to collect
the expense of any work or repairs done or made as aforesaid.
[L.L. No.
9-1977; § 1, L.L. No. 7-1979; § 3, L.L. No. 2-1980; § 1, L.L. No. 4-1986; § 1, L.L. No. 3-1999; § 1, L.L. No. 3-2005]
The City is not liable, and no action
is maintainable against it, for an injury to person or property caused
by the existence of snow and ice, or either, upon any roadway, public
street, sidewalk, highway or place, parking lots, areas designated
for parking of vehicles, bridge, including pedestrian bridges and
tunnels and walkways whether open-air or enclosed, culvert or crosswalk,
boardwalk, underpass, pedestrian walk or path, step or stairway, unless
written notice thereof relating to the particular place has been given
to the City Engineer a reasonable time before the happening of any
such injury.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980; § 2,
L.L. No. 4-1986; L.L. No. 8-1987; § 3, L.L. No. 3-1999;
§ 2, L.L. No. 3-2005]
The City is not liable, and no action
is maintainable against it for damages or injuries to person or property
sustained in consequence of any street, highway, parking lots, areas
designated for parking of vehicles, parkway, bridge, including pedestrian
bridges and tunnels and walkways whether open-air or enclosed, culvert,
sidewalk, crosswalk or wharf, boardwalk, underpass, pedestrian walk
or path, step or stairway, above-surface and subsurface street-lighting
facilities or water and sewer lines or mains, pipes, vaults, tunnels
or other underground facilities situated beneath any street, sidewalk
or right-of-way, being defective, out of repair, unsafe, dangerous
or obstructive, unless written notice of the defective, dangerous,
unsafe, obstructive or unrepaired condition, specifying the particular
place, has been given to the City Engineer and there was a failure
or neglect within a reasonable time after the giving of such notice
to remedy, repair or remove the defect, danger or obstruction complained
of.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980]
Every street not used by the public
as a street for 20 continuous years and every street not opened or
worked within 20 years from the time of its dedication or the time
it was laid out or opened as a street ceases to be a street; but the
period during which any action or proceeding is pending in regard
to any such street forms no part of such 20 years. This section does
not give any person building upon, encroaching upon or obstructing
a public street, highway or place any right therein or divest the
City or public of its right therein, and the City is never barred
by lapse of time from removing any obstruction, encroachment or structure
upon a public street, highway or place.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980]
All lands which have been used by
the public as a street or highway for six years or more continuously
become a public street or highway with the same force and effect as
if duly laid out and opened or dedicated as such, and such use is
presumed to have been had with the assent and permission of the owner
and all other persons having any right or interest therein, and to
be conclusive evidence of any intention on their part to dedicate
such lands to the public use.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980]
The City Engineer may enter upon
any public street, highway or place in the City for the purpose of
constructing, repairing, altering and maintaining public sewers and
drains, and may enter upon any public street, highway or place without
the City limits, subject to regulation by the officials having control
thereof, for the purpose of constructing, repairing, altering and
maintaining public sewers and drains, and may carry and conduct the
same under or across any watercourse, canal or railroad within or
without the limits of the City, provided that such public street,
highway or place or watercourse, canal or railroad crossing so entered
upon is restored in as good condition as before such entry; and the
City may maintain sewers and drains in and under the public streets,
highways and places within and without the City in which they are
now laid.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980; § 1, L.L. No. 1-2006]
A private street not accepted or
opened by the City must not be lighted, cleaned, swept or sprinkled
at public expense; water mains must not be laid or extended into the
same; sewers in such private street must not be permitted to be connected
with City sewers; the curb on the public street intersecting such
private street must not be removed; and the private street and intersecting
public street must not be connected, except that such permit or permits
as may be required may be issued by the City Engineer on such terms
and conditions as he or she may require, and provided further that
the applicant developer or owner binds himself or herself, his or
her assigns and successors in interest to pay site installation expenses
and all expenses of maintenance and care.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980]
The City Engineer may summarily remove
any encroachment, obstruction or structure unlawfully maintained upon,
over or under a public street, highway or place or prevent the construction
thereof if about to be constructed.
[L.L. No.
9-1977; § 3, L.L. No. 2-1980]
Streets and roads within the public
parks are not public highways or streets. Roads and highways within
lands hereafter acquired for park purposes thereupon cease to be public
highways.
