[HISTORY: Adopted by the Board of Trustees
of the Village of Potsdam: Art. I, 1-17-1955 as L.L. No. 1-1955; Art. II, 7-12-1971 as Ch. 44 of the 1971 Code. Sections
145-1, 145-7A and 145-15 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 1-17-1955 as L.L. No. 1-1955]
Section 6-628 of the Village Law, as it applies
to the Incorporated Village of Potsdam, New York, is hereby changed,
superseded and amended to read as follows:
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§ 628 Liability of village in certain
actions
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No civil action shall be brought
or maintained against the Incorporated Village of Potsdam, New York,
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk or crosswalk being
defective, out of repair, unsafe, dangerous or obstructed or in consequence
of the existence or accumulation of snow or ice upon any street, highway,
bridge, culvert, sidewalk or crosswalk unless written notice of the
existence of such condition, relating to the particular place, had,
prior to the happening of the event causing such damages or injuries
to person or property, actually been given to the Village Clerk of
the Incorporated Village of Potsdam, New York, and there has been
a failure or neglect on the part of said village to cause such condition
to be corrected or such snow or ice to be removed or the place otherwise
made reasonably safe within a reasonable time after the receipt of
such notice.
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Nothing herein contained, however, shall be
held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the Incorporated
Village of Potsdam, New York.
[Adopted 7-12-1971 as Ch. 44 of the 1971 Code]
A.
Restrictions. No person shall place or leave or cause
to be placed or left or allow to be left upon any sidewalk in this
municipality any goods, wares, merchandise, boxes, show stands, papers,
dirt, sweepings, litter of any description or any refuse matter whatever
or in any manner obstruct any sidewalk or throw, put or cause to be
thrown or put in or upon any street, alley or stream of water in this
municipality any ashes, paper or other rubbish or material whatever.
B.
Exception. This section shall not be construed to
include the temporary occupation or use of 40 inches of the sidewalk
in front of any building or premises so far as may be necessary in
receiving, displaying and delivering articles or property to or from
such premises.
A.
The Administrator may grant permission, in writing,
to any person to fence off and enclose not more than 1/2 of the public
sidewalk in front of or adjacent to any building or block while the
same is under construction, alteration or demolition, provided that
the same shall appear proper and necessary.
B.
The Administrator shall require a bond or other security
sufficient to protect the public and the municipality against all
liabilities which may result from such operation.
C.
The Attorney shall approve the bond or other security
as to form, the amount thereof to be determined by the governing body
unless delegated to the Administrator.
D.
The Administrator may, at any time, revoke permission
when he deems it necessary or appropriate.
All persons owning or occupying or having charge
of any properties in this municipality shall keep the same and any
and all sidewalks adjacent to such premises thoroughly clean from
all dirt, filth, snow, ice and all unsanitary matter. In case any
such person shall fail to comply with the provision of this section,
it shall be the duty of the Superintendent of Public Works to cause
the same to be cleaned, and all expenses incurred shall be paid by
such owner, occupant or person having charge of such premises, as
hereinafter provided.[1]
[Added 6-4-1990 by L.L. No. 4-1990]
A.
The owner or occupant of every building or lot and
the owner or occupant of every vacant lot within the limits of this
municipality shall keep the sidewalks in front of such premises in
good and sufficient repair for the general use of the public. The
Superintendent of Public Works or a person acting in that capacity
may, by a written or printed notice, require the owner, occupant or
agent of any premises to repair any sidewalk adjacent to said premises.
The cost of such repairs shall be shared by the owner and the village
at the rate of 50% by the owner and 50% by the village, based on the
unit price as determined by the village and set each year by resolution
of the Village Board, except for tax-exempt entities, who will pay
the full cost of such repairs.
B.
The owner has the option of making the repairs, hiring a contractor to make the repairs or having the Village Department of Public Works personnel make the repairs. In all cases, the repairs shall be made in accordance with Chapter A185, Sidewalk Specifications, of the Code of the Village of Potsdam, adopted pursuant to Local Law No. 4-1986. The village shall share the verified expense, as shown by a contractor's required bill or voucher or signed bill for materials; provided, however, that the village shall, in no event, pay any amount greater than 50% of the rate set by the village, as described in Subsection A above, except for tax-exempt entities, who shall pay the full cost of such repairs. If the owner, occupant or agent shall fail to repair the sidewalk within the time provided in said notice, the Superintendent of Public Works or a person acting in that capacity shall cause the sidewalks to be repaired, and the owner shall pay 50% of the expenses incurred for said repairs, except for tax-exempt entities, who shall pay the full cost of such repairs.
C.
Construction of new sidewalks.
[Added 8-20-1990 by L.L. No. 8-1990; amended 7-15-1991 by L.L. No. 4-1991; 9-16-1991 by L.L. No. 6-1991]
(1)
When the village deems that, in the interests of the general public, new sidewalks must be constructed, the Superintendent of Public Works or a person acting in that capacity, by written or printed notice, shall require the owner of any building, occupied lot or vacant lot within the limits of this municipality to construct said sidewalk in accordance with Chapter A185, Sidewalk Specifications, of the Village Code, adopted pursuant to Local Law No. 4-1986.
(2)
The cost of such construction shall be shared by the
owner and the village at the rate of 50% by the owner and 50% by the
village, based on the unit price as determined by the village and
set each year by resolution of the Village Board, except for tax-exempt
entities, who will pay the full cost of such construction.
(3)
The owner has the option of doing the work, hiring
a contractor or having the Village Department of Public Works personnel
perform the work. The village shall share the verified expense; provided,
however, that the village shall, in no event, pay any amount greater
than 50% of the rate set by the village, except for tax-exempt entities,
who will pay the full cost of such construction.
(4)
If the owner or agent shall fail to construct such
sidewalk within the time provided in the official notice, the Superintendent
of Public Works or a person acting in that capacity shall cause the
sidewalk to be constructed, and the owner shall pay 50% of the expenses
incurred, except for tax-exempt entities, who shall pay the full cost
of such construction.
A.
Cutting of grass and other vegetation. It shall be
the duty of the lessee or person in charge or, if there is no lessee
or person having charge, then the owner of each and every parcel of
land in this municipality fronting upon any street or highway to maintain
the area between the curb or edge of the roadway and the sidewalk
of a line 10 feet from and parallel to the edge of the roadway, whichever
is less, free from weeds or plant growth in excess of 10 inches in
height.
[Amended 5-12-2005 by L.L. No. 2-2005]
B.
Control of grass and weeds on private property.
[Amended 5-12-2005 by L.L. No. 2-2005]
(1)
It shall be the duty of the owner, lessee or person
having charge of each and every parcel of land in this municipality
to keep said parcel free of harmful weeds and other rank or noxious
vegetation.
(2)
Grass shall not exceed 10 inches in height. This provision
shall not apply to land used for farm purposes.
A.
Computation by Superintendent of Public Works. Whenever the municipality shall perform the work on failure of the owner, occupant or agent to do so as required by §§ 145-5 and 145-6, the Superintendent shall compute the bill as follows:[1]
(1)
If the work is done by an independent contractor,
the amount of his bill, plus an additional charge of 25% thereon to
cover the expenses of administration and supervision.
(2)
If the work is done by municipal employees and equipment,
the actual and direct costs of labor, including a surcharge of 25%
to cover social security, workmen's compensation and other employee
overhead expenses and the usual and customary charges for the use
of equipment and material, if any, plus an additional charge of 25%
thereon to cover the expenses of administration and supervision.
B.
Delivery to Clerk. The Superintendent shall deliver
the computed bill to the Clerk for processing as hereinafter provided.
C.
Presentation of bill. The Clerk shall present a copy
of the bill to the owner or other person responsible on or before
the 10th day of the following month by delivering same personally
or by certified mail or, if the name of the person responsible or
his place of residence cannot be ascertained after due diligence,
by posting the same in a conspicuous place on his said premises.
D.
Failure to pay, action thereon.
(1)
If the owner or other person responsible shall fail
to pay the bill on or before the first day of the month following
presentation, a penalty of 5% shall be added thereto, and an additional
penalty of 1% per month shall be added thereto until paid.
(2)
If any bills remain unpaid at the time for making
the annual assessment role, the Clerk shall file with the Assessors
his certificate of the amount due as of the taxable date against each
parcel of property, which Assessors shall, in the preparation of the
next assessment role of general municipal taxes, assess such amount
upon property, and the same shall be levied, corrected, enforced and
collected in the same manner, by the same proceedings, at the same
time, under the same penalties and having the same lien upon the property
assessed as the general municipal tax and as a part thereof.[2]
[2]
Editor's Note: Former § 44.20, Erection
of signs over sidewalks, which immediately followed this section,
was deleted 10-18-1993 by L.L. No. 5-1993.
[Amended 6-17-2002 by L.L. No. 14-2002]
A.
Notice required for excavations; liability for damages.
(1)
No person, persons, individual, firm, partnership,
association, corporation, company or organization of any kind shall
dig, excavate or otherwise do their work within the public right-of-way,
easement or where the Village-owned water pipes, sewers or storm drains
are located, except during the hours of a regular workday for the
Department of Public Works, unless otherwise authorized by the Code
Enforcement Officer and Superintendent of Public Works or their designee.
(2)
No work within such areas shall proceed without an
excavation permit and a building permit with the appropriate documentation,
i.e., maps or other material sufficient to identify the exact location
of the area to be excavated, with the width and length of blacktop
or sidewalk to be removed and replaced. The Code Enforcement Officer
and the Superintendent of Public Works shall authorize the extent
of the excavation work on the excavation permit.
(3)
The person, persons, individual, firm, partnership,
association, corporation, company or organization of any kind doing
any of the aforesaid work shall be held liable for any damages resulting
from said work to culverts, manholes, catch basins, pipes, mains,
streets, sidewalks, and other right-of-way features.
B.
Site care and restoration.
(1)
A bond, cash, or check in an amount designated on
the excavation in public right-of-way application is required before
a permit is issued, to guarantee proper performance of the work and
restoration of the site to its original condition.
(2)
All work shall be done using proper excavation and
construction techniques, and adequate materials and equipment shall
be used to restore the construction site.
(3)
If the permittee fails to adequately restore the site
as soon as practical, the Village or its contractor will do so. All
of the Village costs of the restoration, including labor, equipment
and materials, plus 15%, shall be deducted from the amount of the
permittee's guarantee deposit at the conclusion of the work.
(4)
In the event that the Village costs of restoration exceed the deposit on file, the balance shall be billed directly to the property owner. Charges shall be computed and billed in accordance with § 145-7.
(5)
The permittee is responsible for traffic protection
and maintenance, including adequate use of signs and barriers, during
work and after working hours. No obstruction is to be left on the
pavement or the right-of-way or in such a position as to block warning
signs. No work shall be done to obstruct drainage or divert water
onto the right-of-way.
(6)
All falsework shall be removed and all excavations
shall be filled in and restored to the satisfaction of the Superintendent
of Public Works or his designee.
(7)
The property owner shall be responsible for making additional repairs or restorations to the site if there is any settling or subsidence thereafter caused by such excavation for a period of two years after release of deposit of said excavation. The Code Enforcement Officer or Superintendent of Public Works shall give proper notification to the property owner and an appropriate time limit for the owner to correct or cause to be corrected the settling or subsidence. If the property owner fails to correct within the specified time limit, the Village shall cause work to be completed and billed pursuant to § 145-7.
C.
Indemnification. The applicant, in submitting the
application, agrees to indemnify, hold harmless and defend the Village,
its officers and employees from any and all claims for personal injury,
including death or damage to property resulting from, relating to
or arising out of the issuance of a permit to the applicant pursuant
to this chapter or any actions or activities in relation thereto,
by the applicant or others, excepting only such claims due solely
to the fault or negligence of the Village, its officers and employees.
No work shall be done by any person who does not have liability policies
and worker's compensation in force, adequate to the needs of the Village.
Said policy shall list the Village as a named insured. Such defense
shall not be affected or diminished by insurance provided by the applicant.
D.
Emergencies. In the event of an emergency wherein
an applicant cannot contact the Code Enforcement Officer, Superintendent
or their designee other than during regular business hours, an applicant
may remedy the emergency situation and then file the necessary application
for a permit and related documents with the Code Enforcement Officer
the following business day. The existence of an emergency shall not
relieve the applicant from following all of the proper excavation
and construction practices.
E.
Other notifications. The applicant must give proper
notification as required by law prior to excavation.
No person shall erect or place or cause to be
erected or placed any building or structure extending or projecting
over any street, except an awning attached to such building or structure
for the purpose of shade, provided that the same shall be at least
seven feet above the sidewalk.
No person shall construct any new sidewalk or
alter the grade of any existing sidewalk without the permission of
the Superintendent of Public Works and only after a proper line and
grade has been established by the Department of Public Works, which
line and grade will be given once without cost to the owner of the
property requesting same.
All lots or pits of land within this municipality
on which are constructed or maintained any petroleum storage tanks
or other storage tanks or plants for combustible liquids must be kept
free from all combustible materials, including weeds and tall grass.
Grass, if located on such lots or pits, must be mowed at frequent
intervals so that the grass will not become a hazard.
[Amended 1-24-2000 by L.L. No. 1-2000]
A.
No person shall, without permission in writing from
the Superintendent of Public Works, put or place any snow, earth,
stones or other material in any street, sluice, drain, culvert, gutter
or other public place or otherwise obstruct the same.
B.
No property owner shall allow snow, earth, stones
or other material to be plowed, pushed or shoveled from any property,
driveway or sidewalk onto or across any public street without the
permission in writing from the Superintendent of Public Works.[1]
[1]
Editor's Note: Former § 44.29, Disposal
of putrescible matter in streets and other places prohibited, which
immediately followed this section, was deleted 10-18-1993 by L.L.
No. 5-1993.
[Amended 5-5-1997 by L.L. No. 4-1997]
A.
Winter coasting and sliding. No person shall coast
or slide downhill or ice skate upon, into, over or across any street
or sidewalk in this municipality except on such streets and during
such hours as the Village Board may designate by resolution and only
then after such street is properly blocked off and adequately policed.
B.
Bicycle riding. No bicycle shall be ridden in this
municipality except in accordance with Article 34 of the New York
State Vehicle and Traffic Law. No person shall ride a bicycle on any
sidewalk in this municipality except for children under the age of
11 years.
C.
Skating.
(1)
In-line skating, roller-skating, skateboarding and
play vehicles.
(a)
No persons except those capable of reasonable
and sufficient control shall ride or propel in-line skates, rollerskates
or skateboards (hereinafter collectively called skates) upon a public
street, highway or sidewalk of this municipality except in a prudent
and careful manner.
(b)
No person shall ride or propel skates unless
operated with reasonable regard for the safety of the operator and
other persons and property on the streets, sidewalks and other areas
of this municipality.
(c)
No person shall ride or propel skates in a manner
which shall impede or interfere with pedestrian or vehicular traffic.
(d)
No person 14 years of age or older shall ride
or propel skates or use any other play vehicle on the sidewalk or
in any parking lot in the downtown business section of this municipality.
(e)
All operations of skates shall adhere to the
rules relating to bicycles as stated in Article 34 of the New York
State Vehicle and Traffic Law except as to those provisions which
by their nature have no application.
(f)
Operators of skates emerging from an alley,
driveway or building shall, upon approaching a sidewalk, yield the
right-of-way to all pedestrians approaching said sidewalk.
(g)
Operators of skates shall yield the right-of-way
to pedestrians and shall give a reasonable audible signal before overtaking
and passing such pedestrian.
(h)
All operators of skates shall, during the hours
of darkness, wear reflective clothing which shall be visible from
a distance of not less than 50 feet and a maximum of 300 feet from
the front, side and rear when directly in front of the lawful beams
of a motor vehicle; or shall wear or display a red or flashing red
light which can be seen from the same distances as stated above without
any additional illumination. Reflective clothing shall be defined
for this section as any shirt, vest or jacket or other apparel equipped
with a reflective surface.
(i)
All operators of skates are encouraged to wear
protective equipment, including but not limited to helmets, wrist
guards, kneepads and elbow pads.
(j)
All persons under the age of 14 shall wear approved
helmets as defined in Article 34 of the New York State Vehicle and
Traffic Law and wrist guards commonly sold for in-line skating.
(k)
Parents and guardians shall be responsible for
children under their care and be subject to the penalties provided
in this chapter.
(2)
Nothing herein shall prohibit this municipality from
designating an area or areas in the Village of Potsdam which may be
primarily used by operators of skates, including the placement of
equipment therefor, upon the request and approval of the Chief of
Police.
D.
Ballplaying. No person shall practice ballplaying
or other open-field sports on the streets of this municipality or
bat or throw stones or other substances in any of the streets or other
public places of this municipality except parks and playgrounds provided
for this purpose.
[Added 12-17-1990 by L.L. No. 11-1990]
A.
Construction of new curbs. When the village deems
that, in the interests of the general public, new curbs must be constructed
or the repair of existing curbs is necessitated by the actions of
the individual property owner or his agent, the Superintendent of
Public Works or a person acting in that capacity, by written or printed
notice, shall require the owner of any building, occupied lot or vacant
lot within the limits of this municipality to construct said curb
in accordance with accepted standards as determined by the Superintendent
of Public Works or a person acting in that capacity.
B.
The cost of such construction shall be shared by the
owner and the village at the rate of 50% by the owner and 50% by the
village, based on the unit price as determined by the village and
set each year by resolution of the Village Board, except for tax-exempt
entities, who will pay the full cost of such construction.
C.
The owner has the option of doing the work, hiring
a contractor or having the Village Department of Public Works personnel
perform the work. The village shall share the verified expense; provided,
however, that the village shall, in no event, pay any amount greater
than 50% of the rate set by the village, except for tax-exempt entities,
who will pay the full cost of such construction.
D.
If the owner or agent shall fail to construct such
curb within the time provided in the official notice, the Superintendent
of Public Works or a person acting in that capacity shall cause the
curb to be constructed, and the owner shall pay 50% of the expenses
incurred, not to exceed 50% of the cost of the curb set by resolution
of the Village Board of Trustees.
[Amended 10-18-1993 by L.L. No. 5-1993; 5-5-1997 by L.L. No. 4-1997]
