[HISTORY: Adopted by the Town Board of the Town of Geddes as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-8-1974 as Ch.
50 of the 1974 Code]
No person shall injure or tear up any pavement, street or crosswalk,
nor shall any person dig any hole or trench in any streets to connect with
sewer or gas pipes, or for any other purpose, without first having obtained
permission of the Superintendent of Highways in writing.
Any person who shall tear up the pavement of any street or dig any hole
or trench in any street shall restore such street and pavement to as good
condition as it was before, and such pavement shall be relaid and such hole
or trench shall be refilled under the direction of and to the satisfaction
of the Superintendent of Highways.
When consent shall be obtained to connect with a sewer, the person obtaining
the same or making such connection, or his grantees, shall not be entitled
to a claim against the town for any damage sustained by reason of the flooding
of the sewer which such connection shall make, whether such flooding shall
be occasioned by want of capacity of such sewer or obstruction therein; and
any person who shall connect a drain or sewer from his or her premises with
any public sewer shall waive all damages which such person may be subjected
to on account of backwater from such public sewer.
Any person who shall dig or cause to be dug any hole or trench in any
street, lane or alley of the town, and shall not properly refill the same
before dark of the same day, shall notify the Town Superintendent of Highways
and the Superintendent of Fires (who is the Supervisor of the town) that he
proposes to leave such hole or trench open during the following night protected
by a suitable guard and signals, giving the exact location thereof, and shall
serve such notice before 5:00 p.m. of said day.
A.
Whenever any person or corporation shall do or cause
to be done any subway work, steam pipe work, the laying of mains, extending
or establishing any telecommunications, telephone or electric light system
or any other work of a like nature, all excavations or underground work shall
be subject to inspection.[1]
B.
The Superintendent of Highways shall appoint a competent
inspector of such work at a compensation in an amount set from time to time
by resolution of the Town Board, the cost of said inspection to be borne and
paid by the person, company or corporation doing or causing such work to be
done.[2]
C.
Whenever such work shall be done in sections or in such
a manner that one inspector cannot thoroughly inspect the same, in the judgment
of the Superintendent of Highways, then an inspector for each section shall
be appointed and paid as hereinabove provided.
D.
Said inspector or inspectors shall see that the property
of the town and other corporations, persons or companies holding rights within
the streets are properly protected.
No person shall, without permission from the Superintendent of Highways,
dig, remove or carry away any stone, earth, sand or gravel from any street,
lane or public park or square or town property in the town.
No owner of any land within the town limits shall allow any sidewalk
adjoining said land to be at any time other than in good repair and in a good
and safe condition.
No owner of any land within the town limits shall allow any accumulation
of snow or ice or any obstruction on any sidewalk adjoining said land.
Any person found guilty of a violation of this chapter shall be punishable
by a fine of not more than $250, imprisonment for not more than 15 days, or
both such fine and imprisonment.
[Adopted 5-12-1980 by L.L.
No. 4-1980 (Ch. 40 of the 1974 Code)]
Before a civil action for damages or injuries can be brought against
the Town of Geddes, its agents and employees or the Town of Geddes Superintendent
of Highways, its agents and employees, prior written notice must be given
of the defective, unsafe or dangerous condition of a street, highway, bridge,
culvert, sidewalk or crosswalk.
This chapter further eliminates the constructive notice provision of
Town Law § 65-a, Subdivision 1.
