[Adopted 4-21-1885; amended 3-14-2019 by L.L. No. 1-2019]
The purpose of this article shall be to establish and maintain
a pleasant and safe network of sidewalks for the use, benefit and
enjoyment of all people within the Village of Skaneateles.
A.
ANNUAL MAINTENANCE FEE
COST OF PAST WORK
LOCAL IMPROVEMENT
LOT
PAST WORK
SIDEWALK CONSTRUCTION OR REPAIR
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The annual maintenance fee for all lots is $75.
The sum paid for past work, in an amount not to exceed $225.
Any public improvement or work, the expense of which is directed
by the Village Board of Trustees to be assessed in whole or in part
upon the property or properties deemed benefited.
Lot or parcel of land, as set forth by the current Village
of Skaneateles Tax Maps on file with the Onondaga County Department
of Assessment.
Sidewalk construction or repair performed on a lot located
in and subject to assessments as part of this chapter, and permitted
by and performed pursuant to the 2017/2018 Village sidewalk improvement
program.
Construction or repair of any public sidewalk intended for
the use of pedestrians in a Village park or approximately following
along the line of the street or streets upon which the lot fronts,
including but not limited to sidewalk curb cuts and curb accessibility
ramps, and, other actions determined by the Director of Municipal
Operations to be necessary to the construction or repair of said sidewalks,
including but not limited to, any paving, earth work, drainage, and
appurtenances, provided, however, that the construction or repair
of driveway cuts or aprons is excluded.
B.
Each lot shall be assessed an annual maintenance fee for sidewalk
construction or repair to be performed in the Village. A lot's assessment
under this section shall be reduced by the cost of past work as set
forth herein.
C.
A lot is automatically eligible for a reduction for the cost of past
work for three years from the effective date of this article ("reduction
period"). In each year of the Reduction Period for which an assessment,
if any, is made pursuant to this section, the lot's past work reduction
shall be $75.
A.
No action or proceeding to set aside, vacate, cancel or annul any assessment for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part of the officer, officers, board, or body authorized by law to make such levy or assessment or to order the improvement on account of which the levy or assessment was made. In the event that a court of competent jurisdiction finds such total want of jurisdiction, §§ 183-1, 183-2, 183-3, 183-4 and 183-5 shall be deemed repealed, and the previous sidewalk improvement program shall automatically take effect.
B.
No action or proceedings shall be maintained to modify or reduce
any assessment for a local improvement, except for fraud or substantial
error by reason of which the amount of such assessment is in substantial
excess of the amount which should have been lawfully levied or assessed.
C.
Any person or persons, jointly or severally, aggrieved by any determination
of assessment for a local improvement pursuant to this article may
have the decision reviewed by the Supreme Court of New York in the
manner provided in Article 78 of the Civil Practice Law and Rules.
D.
Whenever any assessments made under the provisions of this article
shall be set aside or shall be decided by any court having jurisdiction
thereof to have been improperly or illegally made or whenever it be
ascertained that the proceedings under which said assessment has been
made shall be been so far irregular and erroneous as to make the collection
of such assessment illegal, then a reassessment shall be made with
the same force and effect as if it had been an original assessment;
provided, however, that in the event that no assessment is thereafter
successfully levied, those properties affected shall be subject to
the previous sidewalk improvement program.
E.
Nothing herein shall modify or abolish the duty of the owners of
lands abutting any street, highway, alley or other public place in
the Village to keep the sidewalks, approaches or street driveways
adjoining such lands free and clear of and from snow, ice, and all
other obstructions, nor shall anything herein modify or abolish the
liability of such owner for any injury or damage caused by reason
of omission, failure or negligence to keep such sidewalk free from
snow, ice, or other obstructions, as provided in this article.
A.
The Director of Municipal Operations shall recommend, subject to
amendment and approval by the Village Board of Trustees, a budget
and a schedule of sidewalk construction or repair to be performed
in the Village as part of the Village's budget for each fiscal year;
provided, however, that the budget for the first fiscal year following
the year of enactment of this article shall be recommended and approved
on such schedule as deemed practicable by the Director of Municipal
Operations and the Village Board of Trustees. The Board of Trustees
shall have the authority to include in such budget all or any portion
of the cost for past sidewalk construction or repair performed by
the Village on a property located in and subject to assessments in
the Village, so long as said cost has not been assessed upon the abutting
property owner prior to the effective date of this section. Such budget
may include the issuing of, and payment of the maturing principal
of and interest on, any obligation issued pursuant to the Local Finance
Law for purposes of financing the construction or repair of sidewalks
pursuant to this article.
B.
Before the budget and schedule of work required by Subsection A hereof are given final approval by the Board of Trustees, the Village Clerk shall give notice by publication in the official Village newspaper of a public hearing thereon on a date specified, which date shall not be less than 10 days from the first publication. Before the date of public hearing, any person may file with the Village Clerk written objections to such budget or schedule of work or any part thereof, which objections shall be presented to the Board of Trustees before action shall be taken on such budget and schedule of work. At the time so appointed or at such other time to which it may adjourn for that purpose, the Board of Trustees may hear the allegations of any person interested who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The Board of Trustees may thereupon alter, correct or amend any assessment as justice may require, by local law, after a public hearing. The amount of each local improvement benefit assessment shall be a lien upon the real property so assessed. Such assessments and, if required, any reassessments, shall be collected in the manner provided in the Village Code for the enforcement, levy and collection of Village taxes.
C.
The Director of Municipal Operations and Board of Trustees may include
construction or repair of sidewalk curb cuts and curb accessibility
ramps in the local improvements to be made in the Village. The Director
of Municipal Operations or Board of Trustees shall not include construction
or repair of driveway aprons, which shall remain the financial responsibility
of the abutting property owner.
D.
Work performed in the Village pursuant to this section shall be deemed a local improvement, and the Board of Trustees declares and finds that the assessment formula in § 183-2 assesses each property in proportion to the benefit received by that property from construction and repair of sidewalks in the Village, and that such assessments are necessary to defray the cost of construction and repair of sidewalks in the Village.
E.
Nothing herein shall be construed to modify or alter any power of
the Village Planning Board or the Zoning Board of Appeals to require
a property owner to bear the full cost of sidewalk construction or
repair as part of the site plan review or subdivision process as set
forth in the Village Code.
Severability is intended throughout and within the provisions
of this article. If any section, subsection, sentence, clause, phrase,
or portion of this article is held to be invalid or unconstitutional
by a court of competent jurisdiction, then that decision shall not
affect the validity of the remaining portions of this article.
A.
The Trustees of the Village shall be authorized to grant any person
permission to place any building materials in any of the streets,
alleys and public squares of the Village; such permission, however,
shall not be for a longer period than three months nor authorize the
obstruction of any part of the sidewalk, nor more than 1/2 of the
carriageway of the street opposite the lot or place where the building
is proposed to be erected.
B.
Any such permission may be revoked by the Trustees at any time, and
any person occupying any portion of said streets with building materials
shall be held personally responsible for any damage that may arise
therefrom.
Every person to whom permission is granted as provided in § 183-6 shall cause all timber, building materials and rubbish arising therefrom to be removed from the street by the expiration of the time limited in such permission granted as aforesaid.
A.
No person shall excavate or dig in or through any pavement or street
in the Village, or part of such pavement or street, or other pavement
or terrace or sidewalk or any part thereof, nor shall any person relay
or dig up or construct any sidewalk in the Village, except upon notice
to, and except with the consent of, the Director of Public Works of
the Village.
B.
Any such excavation or digging or construction in any street of said
Village, or relaying or constructing or repairing of any such sidewalk,
shall be done under the supervision of said Director of Public Works,
who shall take personal charge of said work, in order that no danger
shall result to the traveling public and that the same shall be properly
protected and speedily restored to a safe and proper condition.
It shall be unlawful for any person to injure or tear up any
pavement, sidewalk or crosswalk, drain or sewer, or any part thereof,
or to dig any hole, ditch or drain in any street, pavement or sidewalk,
without authority from the Village Board of Trustees, or to hinder
or obstruct the making or repairing of any pavement or sidewalk or
crosswalk under any law or resolution of the Village Board of Trustees,
or to hinder or obstruct any persons employed by the Village Board
of Trustees or the person employed by them in making or repairing
any public improvement or work ordered by the Trustees.
A.
Every owner or occupant of any house or other building, and every
owner or person entitled to the possession of any vacant lot, and
any person having the charge of any church or other public building
in the Village, during the winter season and during the time the snow
shall continue on the ground, within 12 hours after a snowfall, shall
keep the sidewalk in front of such house, building or lot free from
obstruction by snow, and shall also at all times keep such sidewalks
clean and free from all dirt, filth and other obstructions or encumbrances.
It shall be unlawful for any person to deposit, plow, shovel, push
or discharge water, snow, mud or similar materials from private property
onto a public sidewalk at any time.
[Amended 10-13-2022 by L.L. No. 4-2022]
B.
No sidewalk shall be closed to pedestrian traffic or obstructed by
repair and/or maintenance equipment. If repair and/or maintenance
of a structure adjoining a sidewalk is necessary, the owner shall
make provision to maintain the flow of pedestrian traffic on the adjoining
sidewalk and shall protect the safety of those using the sidewalk
by erecting a safety barrier and maintaining an enclosed passageway
through the work area. A permit for the erection of a safety barrier
and enclosed passageway shall be obtained from the Code Enforcement
Officer upon presentation of an application and a suitable plan reflecting
such detail as may be requested by the Code Enforcement Officer. An
approved safety barrier and enclosed passageway shall not extend into
or obstruct an adjoining public street.
[Added 10-13-2022 by L.L. No. 4-2022[1]]
It shall be unlawful for any person to deposit, plow, shovel
or push snow from private property onto a public street, road, alleyway,
parking lot or similar area. All snow from private property must remain
on that private property unless it is removed therefrom.
