[Adopted 11-16-1998 by L.L. No. 9-1998]
This article sets forth a law relating to the construction, establishment and maintenance of sidewalks, curbs and gutters in certain priority areas of the Town of Tusten, where auto and pedestrian traffic are heavy and the safety and well being of all is a concern. The priority areas set forth by the Town Board are: Main Street, Bridge Street, Erie Avenue, Kirks Road and Fifth Street.
It shall be unlawful for anyone to lay, construct or establish any walk, curb or gutter upon any portion of the public domain of the Town of Tusten without the approval of the Town Board of the Town of Tusten, which approval shall be conditioned upon the recommendation of the Code Enforcement Officer and the Town Highway Superintendent, either of whom shall determine and establish the line and grade where such walk, curb or gutter may be laid and constructed.
Any construction that is not approved by the Town Board of the Town of Tusten shall be removed at the expense of the person who made or caused to be made such walk, curb or gutter.
It shall be unlawful for the owner or occupant of any real property or premises in the Town of Tusten to suffer the sidewalk or sidewalks adjacent or in front of the same to become out of repair and in an unsafe and dangerous condition. Such owner or occupant shall keep such sidewalks free from any obstruction interfering with the use of the sidewalk by the public. The minimum open sidewalk left from a business display on the sidewalk shall be 2/3 of the width of the sidewalk and consistent with the sidewalks of the area.
The Town Board of the Town of Tusten shall prescribe the manner of doing such repair work and materials to be used. If the Town Board of the Town of Tusten shall require a sidewalk to be constructed at the sole cost of the owner or occupant, 10 days' notice thereof shall be served upon the owner or occupant, specifying the construction required to be done. If repairs are to be made or obstructions to be removed, not less than 24 hours' notice shall be served upon the owner or occupant.
Upon the failure of the owner to make the improvement or repairs, the Town Board of the Town of Tusten may cause the same to be constructed or repaired and assess upon the adjoining land the proportion of the expense chargeable against the same. All grading done on sidewalks laid or repaired by the owners of adjoining land shall be in accordance with the specifications and under the direction and supervision of the Town Board or its designee. Assessments shall be made and collected and taxes levied as provided by law.
Whenever a minimum of 2/3 of the property owners of any single block or any side of any street shall petition the Town Board for the construction or replacement of any crosswalk, sidewalk, curb and/or gutter upon the public street adjoining or abutting their property, the Town Board may by resolution cause said improvement to be made in the manner hereinafter provided.
Upon the approval of the Town Board, it may construct and repair crosswalks, sidewalks, curbs and gutters upon a street wholly at the expense of the owner of the adjoining land and may prescribe the manner of doing such work and the kind of materials to be used therein.
All grading done on sidewalks, curbs or gutters laid or repaired by the owners of adjoining land shall be in accordance with the specifications and under the direction and supervision of the Town Board or its designated representative, the Code Enforcement Officer or Town Highway Superintendent.
Vehicular parking and the use of skateboards, roller skates, bicycles or other personal acceleration devices are forbidden by the Town Board on the sidewalks in the priority areas.
Assessments shall be made and collected and taxes levied as provided by law.
The owner of any building adjacent to a public street and sidewalk shall prevent the falling of snow, ice or water from such buildings upon such street or sidewalk.
Any snow, ice, dirt or other obstruction upon any public sidewalk in the Town of Tusten shall be removed by the owner or occupant of the adjoining land promptly after such snow, ice, dirt or other obstruction is deposited thereon. "Promptly" is herein defined as being within five hours after same is deposited thereon or within one hour after being directed so to do by an official, police officer, or representative of the Town of Tusten.
No person or corporation, being the owner or occupant of any premises abutting on any street, shall throw, place or deposit any snow or ice onto or upon any street in the Town of Tusten except such as falls upon or is formed upon that portion of the property so abutting said street lying within the sidewalk lines thereof. It is the intent and purpose of the provisions of this section to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to persons or corporations upon the sidewalks or streets of the Town of Tusten.
No civil action shall be maintained against the Town for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town or in consequence of the existence of snow or ice upon any of its sidewalks unless such sidewalks have been constructed or are maintained by the Town pursuant to the statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk and there was a failure or neglect to cause such defect to be remedied or such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
Any person committing any offense against any provisions of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against any of the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense.