[Adopted 4-22-1982 (Ch.
233, Art. I, of the 1989 Code)]
The construction, maintenance, repair and replacement of sidewalks
and street curbs within the City of Plattsburgh, New York, shall be
under the supervision of the Public Works Superintendent of the City
of Plattsburgh.
Each parcel of property that is contiguous to a public street
or highway shall have a sidewalk and curb along that portion of the
property which abuts on a public street, alley or highway, except
where there is evidence that such sidewalk or curb is not required
for the safety and convenience of the public as determined by the
Common Council.
The Public Works Superintendent of the City of Plattsburgh shall
determine priorities and schedule replacement of any sidewalk or curb
in need of reconstruction. The cost of work performed under this schedule
shall be charged to the general tax fund.
Abutting property owners who for reasons of their own, wish
to have a sidewalk or curb reconstructed adjoining their premises,
may have such work performed by the City upon written request to the
Public Works Superintendent. In such cases, the owner will be assessed
for 50% of the full cost of the work, and the reconstruction shall
be done as soon as possible subject to the City work schedules.
All sidewalk and curb work shall be performed by the City, or
the Public Works Department Superintendent may authorize the abutting
property owner to do the work. In such cases, where the abutting property
owner or his agent is to perform the work, a street opening permit
shall first be obtained and all work done and all materials used shall
be in accordance with the specifications of the Public Works Department
Superintendent. In these cases, the abutting property owner shall
pay directly for all costs.
[Amended 8-17-2017 by L.L. No. 3-2017]
The cost to be charged for construction or replacement of sidewalk
or curb shall be unit prices as determined annually by the City Planner,
or an engineer designated by the Mayor, based on prevailing labor,
material and equipment costs or based on current City contract prices.
Whenever sidewalks or curbs are damaged or removed by the City
in connection with any of its operations or resulting from the operations
of any public utility company or other agency authorized by law to
perform work within the street or highway limits, such will be repaired
or replaced at no expense to the abutting owner. Sidewalks, curbs
and street paving, if damaged or removed by an abutting owner or his
agent for repair, replacement or installation of utility services
to the property or for any other reason, shall be replaced or repaired
at the full expense of the property owner. In cases where a sidewalk
of excess width or thickness is required by the owner, the full cost
of the excess width or thickness or special construction will be assessed
upon the abutting property.
Sidewalks and curbs shall be constructed of portland cement
concrete. All construction materials and methods of construction shall
conform to the specifications of the Public Works Department Superintendent.
Public sidewalks shall not be covered with asphaltic or any
other surfacing materials either at driveways or elsewhere unless
use of such material shall be approved by the Common Council.
[Amended 8-17-2017 by L.L. No. 3-2017]
Hereafter, the construction, extension or removal of all curb
openings, aprons and driveways within the City rights-of-way shall
be in accordance with the specifications and requirements of the City
Planner, or an engineer designated by the Mayor. Before commencing
any such work, an abutting owner shall obtain a street opening permit.
Application for such permit shall be accompanied by plans or a sketch
indicating the proposed work and compliance with the applicable design
requirements as issued by the Public Works Department Superintendent.
[Amended by L.L. No. 2-2011]
A.
Intent. The intent of this section is to prevent damage to public
sidewalks and underground utilities, and insure the safe and unobstructed
use of public sidewalks.
B.
Persons responsible. The owner of real property that adjoins a public
sidewalk is responsible for removing or trimming trees, hedges and
other plantings located on his property that the City of Plattsburgh
Building Inspector determines:
(1)
Are causing damage to public sidewalks and underground utilities.
(2)
Or, overhang public sidewalks and restrict or obstruct pedestrians.
For purposes of this subsection, overhanging trees, hedges, or plantings
will be presumptively restrictive or obstructive — and therefore
subject to trimming or removal — if, in any season, they are
less than seven feet above any portion of the sidewalk.
[Amended 5-14-2015 by L.L. No. 1-2015]
(3)
Or, obstruct a motor vehicle operator's view of traffic at street
intersections or entering or exiting driveways on the owner's
property, or adjoining property.
(4)
Or, are damaged or diseased and may fall and cause injury to pedestrians
or motorists.
C.
City right to remove or trim. The City of Plattsburgh may remove or trim trees, hedges and other plantings on an owner's property and recover the entire cost thereof from the property owner as provided in § 295-17 of this article, or otherwise permitted by law, if the owner fails to act after notice from the City of Plattsburgh.
D.
Notice. The Building Inspector shall give written notice to property
owners of trees, shrubs and plantings on their property that require
removal or trimming.
(1)
Notice may be given personally to the owner, or by certified mail
return receipt requested, addressed to the property owner at the name
and address listed on the City of Plattsburgh's current real
property assessment roll.
[Amended 5-14-2015 by L.L. No. 1-2015]
(2)
The notice shall state the reason for requiring removal or trimming
and give the location of the tree, shrub or planting.
(3)
The notice shall give the owner not less than 30 days' notice
to take the required action, unless the condition presents an imminent
danger to public safety in which case the notice shall be what is
reasonable under the circumstances.
(4)
The notice shall advise the property owner that if he fails to take
the required action within the time specified in the notice, and a
City department or City retained contractor does the work, the owner
will be liable to pay the cost of the work.
(5)
If the City performs the work, the owner shall be charged for City
employee time, equipment use time at then prevailing rental rates
for similar equipment, material costs (if any) and an administrative
charge equal to 10% of the time, equipment and material charges.
(6)
If a City retained contractor performs the work, the owner will be
liable to pay or reimburse the City the amount paid to the contractor
plus an administrative charge equal to 10% of the amount paid the
contractor.[1]
[1]
Editor's Note: Original § 233-11, Subsection
4.g, of the 1989 Code, regarding a property owner's right to appeal
a notice, which immediately followed this subsection, was repealed
5-14-2015 by L.L. No. 1-2015.
E.
Report to Common Council. By May 31st of each year, the Building
Inspector shall file a report with the Common Council that identifies
public sidewalks where trees, hedges and other plantings require trimming
or removal.
[Amended by L.L. No. 2-2011]
A.
MEDIAN STRIP
STREET LINE INTERSECTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The area between the street side edge of a public sidewalk
and the curb of a City street, or if there is no curb, the edge of
the street pavement.
The place where the outer edge of the improved surface of
a City street intersects the outer edge of the improved surface of
an intersecting street.
B.
The City Building Inspector is authorized to issue permits to property
owners who wish to plant trees in the median strip adjoining their
property. No trees, hedges or shrubs shall be planted in a median
strip within 30 feet from a street line intersection.
C.
The City may, at its expense, remove trees and stumps located in
median strips if it determines the tree is diseased or damaged, or
its roots are causing damage to the public sidewalk or underground
utilities, or the tree obstructs the vision of motorists.
D.
New plantings. A property owner shall not plant a tree or shrub more than 30 inches high on his property that is within five feet from the edge of a public sidewalk or City street. Where the property is a corner lot, the property owner may not plant or allow trees, hedges, or shrubs to grow to a height of more than 30 inches in a triangular area where the street line intersection is the apex of the triangle, the two sides are 30 feet in length and the base is a line between the ends of the two sides. This subsection applies to plantings after the effective date of this section; however, trees or shrubs planted prior to the effective date of this section may be required to be trimmed or removed if the there is a violation of the standards of § 295-11B.
The provisions of this article shall not apply to sidewalks
and curbings constructed or to be constructed as part of a subdivision
plan, but upon acceptance of the public streets of any such subdivision,
the provisions of this article shall be applicable.
A.
The replacement or reconstruction of existing street curbings and
sidewalks shall be an expense of the City of Plattsburgh only.
B.
The cost of construction or extension of sidewalk and curbs where
none previously existed shall be borne 50% by the abutting property
owner.
C.
The cost of construction of curb openings, aprons and driveways shall
be borne 100% by the owner of the abutting property. The abutting
owner shall be responsible for all repairs, resurfacing and maintenance
of driveways. Driveway aprons within the City's right-of-way
may be repaired by the Public Works Department at the owner's
expense and at the owner's request. The Superintendent of Public
Works shall schedule the work. The cost to be charged shall be unit
prices per square yard, as determined annually by the City Engineer,
based on prevailing labor material and equipment costs or based on
current contract prices.
[Amended 6-2-1983]
D.
The cost of removal of trees and tree stumps on the property of an
abutting property owner shall be borne 100% by such owner.
E.
Whenever any sidewalk or curb construction or other street improvement
is undertaken by the City with the use of federal or state grant funds,
the abutting owners shall not be charged for such work.
Upon completion of any work pursuant to this article for which
the owner of the abutting property is wholly or partially responsible,
the Public Works Superintendent shall prepare a special assessment
of the amount of such charges, including his certificate of the actual
costs of the work payable by the abutting property owner, the property
in front of which the repairing or other work was performed, the name
of the owner of the abutting property as shown by the tax roll of
the City of Plattsburgh or, if he a nonresident, the last known address
of such owner, and shall deliver the same to the Common Council of
the City of Plattsburgh. The Common Council shall approve such special
assessments and issue a warrant to the City Chamberlain of the City
of Plattsburgh for collection of the same. If the abutting property
owner shall fail to pay such charges within 30 days after billing
by the City Chamberlain, the City Chamberlain, in the preparation
of the notices of general City taxes, shall add such amount to the
property assessment, and the same shall be levied, corrected, enforced
and collected in the same manner and by the same proceedings, at the
same time and under the same penalties, and shall have the same lien
upon the property assessed as the general City tax as a part thereof.
