This chapter shall be known and may be cited
as the "Streets and Sidewalks Law of the Incorporated Village of Sea
Cliff."
It shall be the duty of every property owner
or occupant to keep the sidewalk adjoining his premises in a safe,
passable condition and to make such repairs and correct such conditions
as the Board of Trustees or its authorized representative shall direct.
Repairs and corrections of conditions made at the direction of the
Board of Trustees or its authorized representative shall be carried
out under the supervision of the Board of Trustees or such representative,
and the cost thereof shall be shared equally by the Village and the
property owner. For purposes of this chapter, the Building Inspector
shall be such an authorized representative, as well as such other
persons as the Board of Trustees may designate by resolution from
time to time. Under no circumstances shall the Village incur any obligation
to a property owner to share the cost of repairs or corrections of
conditions under this section unless the Board of Trustees or its
authorized representative shall have specifically directed the making
of such repairs or correction of such conditions.
Any person owning, leasing or in possession
of lands in the Village shall maintain them at a level or grade not
lower than the level established for the adjoining sidewalk or sidewalk
line, to a distance of not less than six feet from the sidewalk or
sidewalk line, unless he shall have protected or walled off said land
from the sidewalk or street by a wall or fence of such height and
construction as shall have been approved by the Building Inspector.
[Amended 2-13-2023 by L.L. No. 3-2023]
No person occupying any private dwelling, and
no person owning or occupying any other premises, either vacant or
improved, shall permit any sidewalk, gutter or drain in front of or
contiguous to such premises to remain covered, obstructed or encumbered
with ice, snow, dirt, filth, weeds, rubbish or other obstructions
or encumbrances for more than 12 hours or, if such dwelling or premises
is in a business district, for more than three hours after reasonable
opportunity has been had to remove same. The owner or occupant of
any premises fronting upon any street in a business district in the
Village shall, when ice cannot be removed, cause the sidewalk in front
of such premises to be covered with salt, sand or other material in
such manner as to enable persons to walk thereon with safety.
A.
Any owner or occupant of a premises who has been notified by the Board of Trustees or its authorized representative that he is required to make such repairs or correct a condition pursuant to § 110-2 of this chapter shall make such repairs or correct such condition within five days after the mailing (by certified mail, return receipt requested) of a notice directing same by or on behalf the Board of Trustees to said owner or occupant at the address of record set forth on the current tax assessment rolls of the Village of Sea Cliff. In the event that such notice shall not be duly and timely complied with, such work as shall be necessary to repair or correct the condition shall be performed on behalf of the Board of Trustees, and 1/2 of the cost thereof, plus any attorneys' fees incurred, shall be assessed by the Board of Trustees, upon the real property in question or adjacent thereto. The expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff. This remedy shall be in addition to any penalty provided for under this Code.
B.
Any owner or occupant of a premises who has been notified by the Board of Trustees or its authorized representative that he is in violation of § 110-3 or 110-4 of this chapter (except as regards snow and ice) shall make such repairs or correct such condition within five days after the mailing (by certified mail, return receipt requested) of a notice directing same by or on behalf of the Board of Trustees to said owner or occupant the address of record set forth on the current tax assessment rolls of the Village of Sea Cliff. In the event that such notice shall not be duly and timely complied with, such work as shall he necessary to repair or correct the condition shall be performed on behalf of the Board of Trustees, and 1/2 of the cost thereof, plus any attorneys' fees incurred, shall be assessed by the Board of Trustees, upon the real property in question or adjacent thereto. The expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff. This remedy shall be in addition to any penalty provided for under this Code.
C.
Any owner or occupant of premises who has been notified by the Board of Trustees or its authorized representative that he is in violation of § 110-4 of this chapter as regards snow and ice shall correct the condition immediately. In the event that such notice shall not be duly and timely complied with, such work as shall be necessary to repair or correct the condition shall be performed on behalf of the Board of Trustees, and 1/2 of the cost thereof, plus any attorneys' fees incurred, shall be assessed by the Board of Trustees upon the real property in question or adjacent thereto. The expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff. This remedy shall be in addition to any penalty provided for under this Code.
