[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 5-5-2022 by L.L. No. 4-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 292,
Streets and Sidewalks, adopted 5-16-1994 by L.L. No. 5-1994 (Ch. 61
of the 1971 Code), as amended.
The purpose of this chapter shall be to preserve the public
peace and good order in the Village, to contribute to the public welfare,
safety and good order of its people and to contribute to the safe
conveyance of its people over the streets and sidewalks of the Village
by enacting this chapter regulating the construction, maintenance
and repair of and removal of snow and ice from streets and sidewalks
of the Village that are consistent with the rights and privileges
of other residents of the Village. The lack of proper sidewalk maintenance
and repair and snow removal practices are a vexation and annoyance
not only to the traveling public but to the owners and occupants of
adjoining lands.
The owner of any premises shall keep the adjacent sidewalks
within the street right-of-way in good and safe repair, as defined
herein, for users thereof and shall be responsible for all necessary
preventive, corrective and day-to-day maintenance to accomplish such
result. Any lawsuits or actions for damages due to such deficiencies
in sidewalks shall be brought solely against the adjacent property
owner(s).
The elimination of existing sidewalks within the Village of
Baldwinsville is prohibited without specific authorization of the
Village Board of Trustees.
A.
A defective sidewalk shall be any sidewalk which has any or all of
the following conditions:
(1)
Unacceptable quality of sidewalk surface, including, but not limited
to, holes, depressions, breaks or protrusions.
(2)
Ridges or gaps between adjoining sidewalk blocks.
(3)
Differences in elevation of the surface or of adjoining sidewalk
blocks.
(4)
Peeling or crumbling of the surface of the sidewalk.
(5)
Tilting of sidewalk or sidewalk blocks, except in the case of handicap
ramps, driveway approaches or other similar situations.
(6)
Missing portions of surface.
B.
The above shall be applicable regardless of the type of sidewalk
that exists, whether flagstone, brick, concrete, blacktop, or any
other material.
C.
All defective sidewalks within the terms stated above are hereby
declared to be a public nuisance and shall be repaired or replaced
by the property owner(s).
D.
The Superintendent of Public Works or Code Enforcement Officer shall
have authority to order the repair of a defective sidewalk and to
take remedial action to make the surface in good repair pursuant to
this chapter.
E.
Upon receipt of information, in writing, that a sidewalk may be defective,
the Superintendent or his designee shall inspect the sidewalk and
keep a report on file in his/her office.
F.
If the Superintendent's or designee's report shall confirm
the existence of a defective sidewalk as defined in this chapter,
the Superintendent or his designee shall cause a notice to be served
upon the owner or his or her agent, either personally or by certified
mail, addressed to the last-known address of said owner as said address
is shown on the records of the Assessor, or to the business address
of said owner's agent. If the name of the owner or place of residence
cannot be ascertained, notice may be served by posting in a conspicuous
place upon the premises.
G.
The notice shall contain the following:
(1)
Description of the premises upon which the sidewalk is located.
(2)
A statement of the particulars in which the sidewalk is defective.
(3)
A designation of the area in which repair or replacement is to be
made.
(4)
An order that the repair or correction of the defective portion of
the sidewalk shall commence within 30 days of service.
(5)
A statement that in the event of neglect or refusal to comply with
the order to repair or replace the defective sidewalk, the Superintendent
of Public Works, after 30 days, is authorized to provide that the
sidewalk be secured and repaired and that all expenses thereof be
assessed against the land in which the sidewalk is located or abuts,
including related necessary or incidental expenses.
H.
The Superintendent may expand time requirements for good cause and
in writing and upon reasonable terms and conditions.
I.
The property owner and his or her contractor are responsible for
the quality of the finished sidewalk. A representative of the Department
of Public Works will inspect the project from time to time and may
require the owner to remove and replace new construction that does
not meet construction standards as set forth below and as may be modified
from time to time.
J.
Before engaging upon sidewalk repair or construction, the contractor,
on behalf of the owner, must first obtain a permit from the Superintendent
of Public Works or the Code Enforcement Officer and pay any applicable
fee. No permit shall be issued to a contractor until he has filed
with the Code Enforcement Officer a certificate showing that he carries
workers' compensation for all his employees together with such
other insurance as the Code Enforcement Office regulations require.
Said permit shall be available from the persons performing the work
for inspection by the Code Enforcement Officer or the Superintendent
of Public Works.
K.
No person shall repair or reconstruct a sidewalk unless the same
shall be in accordance with the grade established and obtained from
the Department of Public Works.
L.
All replacement sidewalks shall be made of concrete.
M.
It shall be unlawful for any person, whether or not interested in
the property affected by this chapter, to hinder or obstruct the Department
of Public Works or any person acting on its behalf, including any
contractor performing the work pursuant to this chapter.
N.
Sidewalk repair or replacement work performed by the Village of Baldwinsville
or its contractor because of the neglect, refusal, or failure of the
owner to agree to complete the work shall make such work ineligible
for any Village sidewalk repair or grant reimbursement plan. Nothing
in this subsection shall have any impact on the New York State CHIPS
program.
O.
In the event of neglect or refusal to comply with the order to repair
or replace the defective sidewalk, the Superintendent of Public Works,
or his designee, after 30 days, is authorized to provide that the
sidewalk be secured and repaired, and the necessary work performed
by the Village or its designee. The Village shall be reimbursed for
the cost of the work performed or services rendered as provided in
this section by assessment against and collection from the lots or
parcels of land where, or adjacent to where, such work was performed
or services rendered, for so much of the actual and complete cost
as incurred upon or adjacent to and from each lot or lots, and which,
if unpaid within the prescribed time period shall remain a lien against
such property and be collected by the Village from the owner of such
property in the same manner as taxes are collected. In no event shall
such charge be less than $150.
A.
Before engaging upon sidewalk removal, repair, replacement or new
construction, the adjacent owner or the contractor, on behalf of the
adjacent owner, must first obtain a permit from the Superintendent
of Public Works or his designated agent. Applications for said permit
shall be furnished by the Superintendent, at no charge.
B.
A copy of any permit issued in accordance with this chapter shall
be in the possession of the persons actually doing the work and be
available for inspection by the Superintendent of Public Works or
his representatives at the project site.
The adjacent property owner shall be responsible for the quality
of the finished sidewalk. The Superintendent of Public Works of the
Department of Public Works or his designee may inspect the project,
from time to time, and the Superintendent of Public Works may require
the owner to remove and replace new construction that does not meet
construction standards as set forth herein and as may be modified
from time to time. The Superintendent of Public Works shall be notified
before concrete is installed to allow for inspection of said installation
of concrete.
All replacement or new construction of sidewalks shall be made
of concrete, unless otherwise approved by the Village Board of Trustees.
Specifications for the following items shall be subject to or
performed in accordance with rules and regulations established by
the Village Superintendent of Public Works, who shall prepare the
same and promptly file them in the office of the Village Clerk:
A.
Minimum dimensions of width and depth of sidewalk blocks in residential
and business areas.
B.
Excavation and subbase requirement.
C.
Forming and reinforcement.
D.
Concrete mixture specifications.
E.
Fine and coarse aggregate specifications.
F.
Water quality.
G.
Mixing of concrete ingredients.
H.
Joints.
I.
Finishing.
J.
Protection of wet concrete.
K.
Construction of safeguards, work zone safety and protection.
L.
Handicapped access.
M.
Driveway crossings.
N.
Any other matter or item that the Village Engineer or Superintendent
of Public Works deems necessary, appropriate or desirable.
The owners of utilities, such as water, sewer, electricity,
gas, telephone, cable television, etc., shall be responsible for any
manholes, vaults, pits, valve boxes, etc., that are located within
a sidewalk. Said utility owners shall be responsible for sidewalk
deficiencies created by the location of their facilities within said
sidewalk.
It shall be the duty of the owner of every parcel of real estate
adjoining a public sidewalk, whether the parcel of real estate is
occupied by a structure or not, to keep such sidewalks adjoining such
property free from debris, snow and ice.
A.
Snow and ice shall be removed from all sidewalks within 24 hours
after the end of a snowfall.
B.
In case snow and ice on any sidewalk shall be frozen so hard that
it cannot be removed without injury to the sidewalk, the owner shall,
within 24 hours, cause said sidewalk to be strewn and kept strewn
with ashes, sand, sawdust or other suitable material so as to be no
longer dangerous to life and limb. As soon as practical thereafter,
the sidewalk shall be completely cleared of snow, ice and other materials
strewn thereon, as provided in this chapter.
C.
Whenever the owner or occupant of every parcel of real estate adjoining
a public sidewalk fails to remove the snow and ice from such sidewalk
adjoining such property within the time specified in this chapter
or within 24 hours after being notified, in writing, by the enforcement
officer of the Village of Baldwinsville to remove same, a summons
may be issued to the property owner, and the Superintendent of Public
Works may remove said snow or ice from such sidewalk to preserve public
health, welfare and safety and notify the Village Clerk of the expense
incurred by the amount of labor, equipment and materials used.
D.
The Village Clerk shall promptly present to the owner or occupant
of each parcel a bill for the removal of snow and ice as certified
by the Superintendent of Public Works. If not paid within 30 days,
the cost thereof shall be assessed against the adjacent/adjoining
property and become a lien thereon, collectible in the same manner
as delinquent Village taxes.
The owner(s) of buildings adjacent to public sidewalks shall
prevent the falling of snow, ice or water from such buildings upon
said public sidewalks.
A.
No person, firm or corporation shall pile, gather up, plow up or
in any way force any snow or ice upon any sidewalk, street, avenue
or roadway with the Village of Baldwinsville or from one sidewalk,
street, avenue or roadway onto any other sidewalk, street, avenue
or roadway within the Village of Baldwinsville. It shall be unlawful
to cover a fire hydrant with snow or ice.
B.
No person, firm, corporation, property owner or occupant shall remove
snow or ice from any parcel of real estate and place it upon another
parcel of real estate without the express permission of the owner
of the parcel of real estate upon which the snow or ice is to be placed.
C.
Any person, firm or corporation piling, gathering or plowing up snow
or ice on any public street, avenue or roadway shall forthwith remove
the same at his or its expense, upon the direction of the Superintendent
of Public Works of the Village of Baldwinsville.
D.
Whenever any person, firm or corporation neglects or refuses to remove
any snow or ice piled, gathered or plowed up by him or it in violation
of this chapter within 24 hours after being notified, in writing,
to do so by the enforcement officer of the Village of Baldwinsville,
a summons may be issued to the property owner, and the Superintendent
of Public Works may remove said snow or ice from such street or terrace
to preserve public health, welfare and safety and shall notify the
Village Clerk of the expense incurred by the amount of labor, equipment
and materials used.
E.
The Village Clerk shall promptly present to the violator of this chapter a bill for the removal of snow and ice, as provided for in Subsection D as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Village taxes.
F.
The enforcement officer shall be the Code Enforcement Officer.
No person shall obstruct or cause or permit to be obstructed
any sidewalk, crosswalk or traffic signs in the Village by placing
thereon any boxes, barrels, goods, wares, merchandise, animals, vehicles,
equipment or other obstruction of any kind or nature or by suspending
or placing any sign, goods, wares or merchandise across or over any
walk, except temporarily when loading or unloading a vehicle or by
special permit as issued by the Village Code Enforcement Officer.
In the case of underground sidewalk vaults, the user shall protect
and hold harmless the Village of Baldwinsville from any damage and
liability which may result from use of said vaults. Further, when
such vaults are in use, they shall be protected by appropriate signage
and barricades.
No person shall, in the Village, drive any vehicle on or over
a sidewalk of any street or shall permit a vehicle to stand on any
sidewalk or crosswalk in any manner likely to break or damage the
said sidewalk or crosswalk or to interfere with the use of the same
for travel.
No person or corporation shall be permitted to take up or remove
any portion of any sidewalk or gutter or dig in any street in front
of his own or adjoining premises for any purpose without first having
obtained permission of the Superintendent of Public Works. If permission
is given for any such purpose, the person obtaining such permission
shall replace such sidewalk, gutter or street in as good condition
as before, immediately after completing any work, and such work shall
be completed without unnecessary delay.
No person shall change the grade of any street, lane or gutter
or sidewalk or cut the curb of any street within the Village without
obtaining written permission for making such change or cut from the
Superintendent of Public Works.
No person shall deposit any ashes, dirt, refuse or other substances in the streets or gutters or on any pavement or sidewalk of the Village without obtaining permission from the Superintendent of Public Works, except as permitted in § 292-11B. No sump pump discharge to the ground surface shall create a hazard or a nuisance, including, but not limited to, ice accumulation on Village streets or sidewalks; creating ponds of standing water or algae; or flowing over adjoining property.
Any person, firm or corporation which shall violate any of the
provisions of this chapter shall be guilty of a violation thereof
and shall be subject to a fine not exceeding $250 or imprisonment
for not more than 15 days, or both, for each day a violation exists.
Such penalties may be in addition to any other remedies or actions
that may be taken by the Village.
A.
Notwithstanding any other provision of this chapter to the contrary,
the Village shall be responsible for the snow plowing and de-icing
of the downtown sidewalks described as follows: the sidewalks that
front on the streets of the properties shown and designated on a map
of the Village depicting such downtown sidewalks, which map has been
approved, and which may be amended from time to time, by resolution
of the Board of Trustees of the Village of Baldwinsville, which map
has been filed with the office of the Village Clerk and which is incorporated
herein by reference.
B.
The Village shall be solely and only responsible for the snow plowing
and de-icing on the aforementioned downtown sidewalks.
C.
Except as expressly provided for in this section, in all other respects,
the respective adjacent property owners to the downtown sidewalks
shall otherwise be responsible for said sidewalks as provided in this
chapter.
D.
The Village shall only be liable for its negligent acts or omissions
in snow plowing and deicing the downtown sidewalks as set forth in
§ 6-628 of the Village Law, entitled "Liability of Village
in certain actions."
This chapter shall be enforced by the Code Enforcement Officer
of the Village of Baldwinsville.
