[HISTORY: Adopted by the Board of Trustees of the Village
of Oakfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-24-1974 by L.L. No. 2-1974]
The title of this article shall be "Street Opening Law for the
Village of Oakfield."
The purpose of this article shall be to preserve and protect
the health, welfare and safety of the Village of Oakfield and its
inhabitants by establishing and enforcing standards for street openings
within said Village.
Terms used in this article shall have the following meanings:
A public street, public right-of-way, highway, sidewalk,
parkway, alley or any other public way accepted or maintained by the
Village.
Any kind of excavation, tunneling or pavement cut made in
or under a street.
It is unlawful for any person to make any opening in any street
without first securing a permit from the Village Board; provided,
however, any person maintaining pipes, lines or other underground
facilities which are under the surface of any street may proceed with
an opening without a permit when emergency circumstances demand that
work be done immediately. Such person shall thereafter apply for a
permit on the first regular business day in which the office of the
Village Clerk-Treasurer is open for business and the permit shall
be retroactive to the date when the work was begun.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Applications for permits shall be made on forms provided by
the Village. The application shall be filed in triplicate and shall
describe the location, kind, estimated size of the opening, estimated
time necessary to complete the project and shall include a copy of
plans and specifications for such project as required by the Village
Board. The fee for each permit issued shall be as set from time to
time by resolution of the Board of Trustees. A separate permit shall
be issued for each separate location where any street opening is made.
No permit shall be transferable and each permit shall be valid only
for the location specifically designated in the permit.
Street openings and the restoration thereof shall be made by
the permittee in accordance with the following regulations and specifications:
A.
Excavation. All trenching within the pavement lines shall be precut
with pneumatic equipment prior to the use of any mechanical equipment.
B.
Backfill. Material used to backfill all trenches shall consist of
run-of-bank gravel fill (under four inches). Excavated material may
be used as backfill when, in the opinion of the Village Superintendent
of Public Works, said material is equivalent to run-of-bank gravel.
All backfill material shall be mechanically tamped in one-foot layers.
C.
Restoration limits. After the trench has been thoroughly backfilled,
the pavement shall be trimmed a minimum of nine inches around the
perimeter of the opening in order that the new patch will bear on
undisturbed material. This additional cutting shall be done with pneumatic
equipment.
D.
Concrete base. The concrete for base course shall withstand a compressive
strength of 2,500 psi after 28 days. No concrete shall be poured while
air temperature is 40° F. or less. The pavement surface shall
be covered with waterproof paper for at least three days. All classes
of traffic shall be excluded from newly poured concrete for a period
of at least three days.
E.
Bituminous surface course. The bituminous surface course shall be
of hot-mix, hot-laid, asphaltic concrete, State Item 51. A. C. mix
conforming to all aspects of material, mixing and placing as called
for in New York State Department of Specifications. Pavement shall
be thoroughly dry and clean before placing bituminous material. Paint
all exposed edges with tack coat material.
F.
Barricades. All trenches or obstructions placed on the street or
sidewalk must be "redlighted."
G.
Additional specifications and regulations. The Village Board from
time to time shall establish such additional specifications and regulations
for street openings and the restoration thereof as may be reasonably
required to protect the best interest of the Village.
The permittee shall be responsible for the maintenance of the
restoration site for a period of one year after such restoration has
been tentatively approved by the Superintendent of Public Works.
A.
When each permit is issued, the permittee shall submit a bond running
to the Village in an amount equivalent to the estimated cost of the
restoration work to be done as determined by the Superintendent of
Public Works and, upon completion of the restoration and tentative
approval by the Superintendent of Public Works, 90% of the deposit
shall be refunded. The balance of the 10% shall be refunded upon final
inspection of the work to be made by the Superintendent of Public
Works no sooner than one year after the tentative approval has been
given.
B.
In lieu of the restoration deposit an applicant may furnish the Village
with an acceptable corporate surety bond to guarantee faithful performance
of the work authorized by the permit with the provision that 10% of
the amount of the bond shall continue in effect during the maintenance
guarantee period. If any permittee anticipates requesting more than
one permit per year, he/she may furnish a corporate surety bond in
such amount as the Superintendent of Public Works determines to guarantee
faithful performance. The amount of such bond shall be based upon
the estimated cost of restoring street openings to be made by the
permittee during a one-year period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each applicant, upon receipt of a permit, shall provide the
Village with an acceptable certificate of insurance indicating it
is insured against claims for damages for bodily injury as well as
against claims for property damages which may arise from or out of
the performance of the work, whether such performance be by himself/herself,
his/her subcontractor, or anyone directly or indirectly employed by
him/her. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. The amount of
the liability insurance shall be in the amount of not less than $250,000
liability for injuries to one person, not less than $500,000 liability
for injuries sustained in each accident and not less than $100,000
liability for property damage. The policy shall also state that it
shall remain in full force without change for a period of one year
and shall not be terminated or canceled for any reason except after
10 days' written notice of such proposed termination or cancellation
has been served upon the Village in writing. The policy shall also
contain a hold-harmless clause or endorsement to provide that the
permittee shall save and hold harmless the Village of Oakfield from
any and all damages and liability by reason of bodily injury or property
damage arising either directly or indirectly from the work to be performed
by the permittee, irrespective of the cause of such injury or damage.
Whenever the Superintendent of Public Works determines that
the restoration has not been properly completed he/she may direct
that the work shall be done by the Village or others, and the cost
thereof deducted from the permittee's deposit. In the event that
the permittee has provided a bond instead of a cash deposit, when
default has occurred in the performance of any condition or term of
the permit, written notice shall be given to the principal and the
surety on the bond. Such notice shall state the work to be done, the
estimated cost thereof and the period of time being necessary to reasonably
complete the work. After receipts of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Village for the
cost of the work as set forth in the notice.
The permittee shall notify the Fire Department, in writing,
at least 12 hours in advance of the time he/she intends to commence
any street opening project that would cause a street to be impassable.
Every permittee shall during the time of such street opening
provide for protecting the public by erection of proper barriers,
warning devices, fences, lights, covered walks or such other protection
as may be required by the Superintendent of Public Works.
No permit shall be issued by the Village Board for an opening
in a paved, improved or resurfaced street less than three years old
unless, in the opinion of the Superintendent of Public Works, public
health or safety requires that the proposed work be done immediately.
Whenever any pipe, conduit, duct, tunnel or other structure
located under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall file with the Village Clerk-Treasurer a statement and map giving
in detail the location of the structure so abandoned.
Any violation of this article shall constitute a violation pursuant
to the Penal Law of the State of New York. Any person, upon conviction
therefor, shall be subject to a fine of not more than $250 or be imprisoned
for a period of not more than 15 days, or both. This article may also
be enforced by injunction.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
[Adopted 3-8-2004 by L.L.
No. 2-2004]
This article shall be known as "Sidewalk Law" of the Village
of Oakfield, New York.
A.
Words
used in the present tense include the future, words in the masculine
gender include the feminine and neuter, the singular number includes
the plural, and the plural the singular.
B.
OCCUPANT
OWNER
SIDEWALK
Unless
the context specifically indicates otherwise, the meaning of terms
used in this article shall be as follows:
Any individual, group of individuals, business or corporation
who leases a legal interest in any real property.
Any individual, firm, partnership, company, corporation,
association, society or group having a legal interest in property.
That portion of a street outside of the roadway used, set
aside or intended for the use of pedestrians, or that portion of land
abutting a roadway used, set aside or intended for the use of pedestrians.
A.
Harmful substances. It shall be unlawful for any person to drop,
throw or place in or upon any sidewalk any glass, tacks, nails, or
pieces of metal or any other article, thing or substance which might
injure any person, animal or vehicle.
B.
Spilling materials. It shall be unlawful for any person to willfully,
carelessly or negligently deposit or allow or permit to fall or drop
from their person or from a vehicle any snow, gravel, garbage, dirt,
liquids, or any debris, refuse or any other articles or materials
on any sidewalk.
C.
Depositing materials. It shall be unlawful for any person to deposit,
unload, dump or place any refuse, garbage, debris, shrubbery, grass,
trees or parts thereof, or dirt or stones on any sidewalk without
first obtaining permission thereof from the Village Board or its duly
authorized representative.
A.
Responsibility. The owner, occupant or lessee of any lot, land or
building adjoining any public sidewalk shall keep the same free from
snow, slush or ice. In case of failure or neglect to comply with this
requirement within 24 hours following either any storm depositing
such snow, slush or ice, or snow, slush or ice falling upon any public
sidewalk from any building, the same may be removed at the direction
of the Village Board or its duly authorized representative. Failure
to complete such removal shall not be deemed an act of negligence
by the Village of Oakfield.
B.
Cindering sanding. In the event that snow, slush or ice may become
frozen on sidewalks in such a way that removal is difficult or injurious
to sidewalks, the sidewalks shall be rendered safe for public travel
by use of ashes, cinders, sand, salt or other suitable materials and
shall be properly cleaned thereafter when weather permits. If any
owner, occupant or lessee of lots or land abutting sidewalks fails
to comply with this requirement, the walks may both be rendered safe
and thereafter cleaned at the direction of the Village Board or its
duly authorized representative. Failure to render said sidewalks safe
shall not be deemed an act of negligence by the Village of Oakfield.
C.
Reimbursement for work performed by the Village Board. Any work performed by the Village Board or its duly authorized representative pursuant to Subsections A and B of this section shall be charged against the property owner and shall be billed and collected by the Clerk-Treasurer. All actual items of work, including labor and materials, plus an administrative and supervisory expense of 50% thereof, shall be charged; provided, however, that the minimum charge for each occurrence shall be $5 per lot or parcel of land.
A.
The property owner shall be responsible for repair and reconstruction of faulty, hazardous or defective sidewalks abutting his property. The Village Board may, from time to time, authorize surveys of sidewalk conditions and, in accordance with the provisions of the article, direct that repair or reconstruction be completed where faulty, hazardous or defective conditions exist. A property owner may repair or reconstruct sidewalks himself or may have the work performed by private contract. If the property owner fails to have such repair or reconstruction completed within 60 days of being notified to do so or within 60 days following the date of a hearing decision if a hearing is requested by the property owner as hereinafter provided in § 229-22, unless the applicable time limit is extended by the Village Board for good cause shown, the Village Board may order the work done by the Village. When repair or reconstruction is done by the Village, the cost shall be charged against the abutting property owner and shall be billed and collected by the Clerk-Treasurer.
B.
Specifications. On and after the effective date of this article,
the repair and/or replacement of all sidewalks within the Village
of Oakfield shall be only of concrete regardless of whether the sidewalk
being repaired and/or replaced is part of the driveway of any property.
In addition, all sidewalks shall be installed at a grade established
by the Village. The Village Board, by resolution duly adopted, posted
on the Village's signboard and published once in the Village's
official newspaper, shall establish further specifications and regulations
for the repair and/or reconstruction of Village sidewalks. All work,
whether or not performed by or for the property owner, shall be done
to Village specifications and shall be inspected by the Village Board
or by its duly authorized representative.
C.
Exception. In the event that any sidewalk is found to be faulty,
hazardous or defective due to the effect of trees growing on Village
streets or other public property, the Village shall repair such condition
and be financially responsible for same.
D.
Protection. Any person repairing or reconstructing sidewalks shall
provide barricades during repair and reconstruction and appropriate
lighting during the hours of darkness around any excavation or other
hazards caused by such work.
E.
Liability. The owner or occupant of lands fronting or abutting on
any street, highway, traveled road, public lane, alley or square shall
make, maintain and repair the sidewalk adjoining his/her lands and
shall keep such sidewalk free and clear of and from snow, ice and
all other obstructions. Such owner or occupant and each of them shall
be liable for any injury or damage by reason of omission, failure
or negligence to make, maintain or repair such sidewalk.
A.
Notice to repair and/or reconstruct. Upon a determination by the Village Board that repair or reconstruction of sidewalks be undertaken because faulty, hazardous or defective conditions exist, the Village Clerk-Treasurer shall notify the owner of the affected premises, in writing, in the manner and within the time frames provided in Subsection B hereof, setting forth specifically the particulars of:
B.
Manner and time of service. The written notice provided for in Subsection A hereof shall be served in one of the following ways:
(1)
By personal service of a copy thereof; or
(2)
By certified mail, return receipt requested, addressed to the last-known address of the owner of said affected premises. If said certified mail is refused or returned, service upon the owner shall be made by mailing a copy of said notice by first-class mail to the address of the owner in a post office or official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Where regular mail is used in lieu of certified mail, an additional copy of such notice shall either be served personally upon any adult person residing in or occupying the affected premises if such person can be reasonably found or shall be securely affixed upon said affected premises. Service made in accordance with Subsection B(1) above shall be deemed complete on the date said service is made. Service by certified mail shall be deemed complete upon depositing the same in a post office or official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Service by regular mail and either delivery to an adult person residing in or occupying the affected premises or by securely affixing a copy upon the affected premises shall be deemed complete upon depositing said mail and either delivery to an adult or affixing to the premises, whichever event shall last occur.
C.
Within 10 days of service being completed pursuant to Subsection B(1) above and within 15 days of service being completed pursuant to Subsection B(2) above, a person so served shall have the right to file a written request for a hearing with the Oakfield Village Clerk-Treasurer on forms supplied by the Village. The request shall state the reasons for requesting the hearing and the action or relief sought by the owner.
D.
If a person does not file a timely request for a hearing in accordance with Subsection C hereof, the decision of the Village Board regarding the nature and extent of the repairs and/or reconstruction, as well as the cost of the same to the owner if the work is performed by or for the Village, shall become final. If an owner complies with Subsection C hereof, a hearing shall be scheduled promptly by a hearing officer duly designated by the Mayor and approved by the Village Board for a time and place reasonably convenient to both the property owner and to the Village Board or its duly authorized representative. Written notification specifying the time, place and procedure governing the hearing shall be mailed to the property owner at the address designated by him/her in his request for a hearing filed with the Village Clerk-Treasurer.
E.
Conduct of hearing. The hearing officer shall conduct the hearing
at the time and place specified in the notice. The hearing shall be
conducted informally by the hearing officer and oral or documentary
evidence pertinent to the facts and issues raised by the Village and
the property owner may be received without regard to admissibility
under the rules of evidence applicable to judicial proceedings. The
hearing officer shall require participants and spectators to conduct
themselves in an orderly fashion. Failure to comply with the directions
of the hearing officer to maintain order may result in exclusion from
the proceedings or in a decision adverse to the interests of the disorderly
party and granting or denial of the relief sought, as appropriate.
All parties to the hearing shall further be afforded a fair hearing
providing the basic safeguards of due process.
F.
Determination. Within five days following the close of the hearing,
the hearing officer shall affirm, reverse or modify the notice regarding
the nature and extent of the repairs and/or reconstruction required
and the resulting cost of the same to the owner if the work is performed
by or for the Village. The hearing officer's decision shall be
made in writing and a copy either served personally on the owner or
forwarded by first-class mail to the address designated by the property
owner in his written request for a hearing. The original of said decision
shall be filed with the Village Clerk-Treasurer. The decision of said
hearing officer shall be final and conclusive.
All charges billed by the Clerk-Treasurer under the provisions of §§ 229-20A and B and 229-21A shall be assessed against and become a lien on the adjoining realty to the same extent as Village taxes; included in the general Village tax roll; and collected in the same manner as other Village taxes. If any charge billed hereunder is not paid within 60 days of the billing date thereof, interest shall be computed on said unpaid balance from the expiration of such sixty-day period at the rate of 1% per month or portion thereof until the charge is paid in full. All interest collected shall be credited to the general fund. Where charges for repairs under § 229-21A exceed the sum of $150, the same may be paid with the Village taxes in equal annual installments of principal plus interest on unpaid balances of principal at the rate of 12% per annum over a period of five years.
Any person found in violation of this article shall be guilty
of an offense and upon conviction shall be subject to a fine of not
more than $250 or to imprisonment for a period of not more than 15
days, or both.
Except as hereinafter provided, Village of Oakfield L.L. No.
3-1981 entitled "A Local Law Providing for the Repair and Maintenance
of Sidewalks Within the Village of Oakfield, New York," Village of
Oakfield L.L. No. 3-1983, and Village of Oakfield L.L. No. 5-1985
amending the same are hereby repealed. The repeal provided by this
section shall not affect or prevent the prosecution or punishment
of any person for any act done or committed in violation of either
local law hereby repealed prior to the taking effect of this article.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
