[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.
A.Â
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)Â
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 in any particular calendar year,
the availability of which shall be determined in the sole discretion
of the Board of Trustees of the Village of Penn Yan.
(2)Â
Applications for sidewalk replacement in any particular calendar
year shall be filed with the Village Clerk no later than a date set
by resolution duly adopted by the Board of Trustees each year. Such
resolution shall also designate a date by which the Village Clerk
shall notify applicants as to whether their application has been accepted,
as well as a date by which payment shall be made by the property owner
to the Village for sidewalk repair or replacement. Publication of
notice of the program availability shall be made no less than 30 days
prior to the deadline of submission of applications.
B.Â
The deadline set for payment to the Village Clerk 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)Â
There are no past due Village utility bills applicable to the subject
property;
(2)Â
There are no past due Village, school or town and county tax bills
applicable to the subject property;
(3)Â
There are no existing code violations applicable to the subject property,
other than pertaining to public or quasi-public sidewalks;
(4)Â
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)Â
The Board of Trustees, in its sole reasonable discretion, approves
the payment plan;
(6)Â
The property owner(s) execute a payment plan agreement in a format
and with content prescribed by the Board of Trustees.
C.Â
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.Â
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, subsequent to
public hearing on the issue upon five days' notice thereof, published
in a newspaper of general distribution in the Village of Penn Yan
and posted upon the bulletin board at the Village Office Building.
Any change in rate shall be made on or about November 15 each year.
E.Â
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.
