[Adopted 3-8-1990 by L.L. No. 2-1990 (Ch. 59 of the 1969 Code); amended 10-1-1990 by L.L. No. 12-1990; 9-6-1993 by L.L. No. 4-1993; 10-19-1999 by L.L. No. 7-1999; 5-8-2007 by L.L. No. 3-2007; 3-20-2012 by L.L. No. 3-2012; 12-18-2012 by L.L. No. 2-2013; 7-21-2020 by L.L. No. 8-2020; 7-20-2021 by L.L. No. 7-2021]
[Amended 12-21-2021 by L.L. No. 14-2021]
Any person(s) or entity owning property upon which or adjacent to which is located a public sidewalk or quasi-public sidewalk is obligated to keep such public sidewalk or quasi-public sidewalk in a clean condition. Such person(s) or entity shall remove or cause to be removed, to the extent reasonably possible, any accumulation of snow and/or ice on such sidewalk. In the event that such person(s) or entity shall not comply herewith, the Village of Penn Yan may cause such snow and/or ice to be removed. The actual expenses of removal plus an administrative fee in an amount equivalent to 20% of the cost of such snow and/or ice removal shall be billed to the person(s) or entity owning the property upon which or adjacent to which is located the sidewalk from which such snow and/or ice was caused to be removed by the Village. Such bill shall be due 30 days from the date issued. Nonpayment by the due date shall result in such amount being imposed and collected against the property owned by such person(s) or entity in the same manner as provided by law for the collection of real property taxes.
Any person(s) or entity owning property upon which or adjacent to which is located a public sidewalk or quasi-public sidewalk is obligated to keep such sidewalk in good repair. In the event that such owner fails to keep such sidewalk in good repair, the Village Clerk shall notify said owner, in writing, by mail addressed to the owner's address as shown on the Village assessment rolls, requiring said owner to cause such sidewalk to be repaired or replaced in compliance with the specifications of this article and that such repair or replacement be completed within 60 days of the date of the notice to repair or replace. The property owner may, in the alternative, arrange with the Village to have the repairs or replacement performed by the Village pursuant to § 174-6 of this article. Upon failure of the owner to repair or replace the sidewalk within the prescribed time, the Village may perform such repair or replacement at the property owner's expense. The Village Clerk shall bill the property owner for the costs of such repair or replacement plus an additional fee equivalent to 20% of that cost as an administrative charge, which sum shall be due 30 days from the date of the billing. Nonpayment by the due date shall result in such amount being imposed and collected against the property owned by such person(s) or entity in the same manner as provided by law for the collection of real property taxes.
At the regularly scheduled meeting of the Board of Trustees in April each year, the Village Clerk shall submit to the Board of Trustees a report showing the names of owners who have failed to pay any bill rendered or adhere to any payment plan pursuant to this article during the previous 12 months, together with the amount of said unpaid bills or overdue sums pursuant to any payment agreement together with the added administrative fee applicable thereto. The Board of Trustees upon receiving said report shall direct that said unpaid amounts be assessed against the real property of said owner which abuts the public street as of the following June 1, and said amounts shall become a lien against said real property at said time and shall be collected along with the current Village taxes.
All new or replacement sidewalks shall be of concrete and conform to the specifications established by the Department of Public Works of the Village of Penn Yan.
In the event that any public or quasi-public sidewalk is in need of repair or replacement, the owner of the real property upon which such sidewalk is located or to which such sidewalk is adjacent may make application, whether said application is voluntary or as a result of an order of the Board of Trustees of the Village of Penn Yan, at Village cost, to remove the existing sidewalk. Said application shall be in writing to the Village asking for said removal of the sidewalk and, in addition, indemnifying the Village from any claim, demand or cause of action arising out of or relating to the removal of said sidewalk. A fee for the filing of said application may be established by the Village Board of Trustees. The application will be processed and acted upon in the chronological order in which they are received, and the Village will perform these services only to the extent that the Village personnel, equipment, moneys and assets are available, and such availability will be at the sole discretion of the Board of Trustees of the Village of Penn Yan. During the removal and/or portion thereof, hauling away of said sidewalks, the Village will maintain the subject area, but once the Village has performed this service, it will be the responsibility of the owner or adjacent owner to maintain the area in a safe manner until the completion of the installation of the new sidewalk. The Village will not remove or haul away any sidewalk or portion thereof, until the owner has agreed to replace them with new concrete sidewalk in accordance with the other requirements of this article, which agreement must be to replace them within a reasonable time, not to exceed 14 days from the completion of the Village services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
As an alternative to the property owner repairing and/or replacing a sidewalk, any owner of real property situated in the Village of Penn Yan, New York, upon which or adjacent to which is located a public or quasi-public sidewalk may be eligible for sidewalk repair or replacement by the Village of Penn Yan pursuant to the following procedure:
(1) 
The Village of Penn Yan, upon application by a property owner on a form promulgated by the Village may repair or replace sidewalks at a preestablished rate. The application shall include an indemnification clause, executed by the owner(s) of the real property upon which or adjacent to which the sidewalk is to be located, absolving the Village and its employees, officers and agents of liability for any claim, demand or cause of action arising out of or related to the repair or replacement of said sidewalk. The Village shall perform sidewalk repair and replacement services only to the extent that Village personnel, equipment and funds are available, the availability of which shall be determined in the sole discretion of the Board of Trustees of the Village of Penn Yan.
(2) 
Applications for sidewalk replacement shall be filed with the Department of Public Works. Publication of notice of the program availability shall be made no less than 30 days prior to the deadline of submission of applications.
B. 
The deadline set for payment for sidewalk repair or replacement shall be no less than 30 days subsequent to notice of acceptance of the property owner for repair or replacement of this sidewalk for that calendar year. Any proposed payment plan for sidewalk repair or replacement for a particular property owner must first meet the following conditions:
(1) 
There are no past due Village utility bills applicable to the subject property;
(2) 
There are no past due Village, school or town and county tax bills applicable to the subject property;
(3) 
There are no existing code violations applicable to the subject property, other than pertaining to public or quasi-public sidewalks;
(4) 
The payment plan provides that the full amount due for the sidewalk repair or replacement will be paid within 12 months of the execution thereof;
(5) 
The Board of Trustees, in its sole reasonable discretion, approves the payment plan;
(6) 
The property owner(s) execute a payment plan agreement in a format and with content prescribed by the Board of Trustees.
C. 
Failure of the Board of Trustees to budget funds or to provide personnel and equipment for repair or replacement of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with any provision of the Code of the Village of Penn Yan.
D. 
The rate at which the Village of Penn Yan charges for sidewalk repair and/or replacement shall be established by resolution duly adopted by the Board of Trustees of the Village of Penn Yan.
E. 
Failure to comply with an executed payment plan agreement for a period in excess of 30 days may result in the total sum due pursuant to the payment plan agreement being due plus an additional fee of 20% of the total amount due pursuant to that payment plan agreement, as an administrative fee being added to the amount due.