City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[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.