Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneckas indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 112.
Excavations — See Ch. 172.
Sewers — See Ch. 282.
Signs — See Ch. 286.
Vehicles and traffic — See Ch. 326.
Zoning — See Ch. 342.
Subdivision regulations — See Ch. A348.
[Adopted 7-25-1955 as Ch. 8 of the Unified Code of Ordinances]
A. 
Any owner, lessee, tenant, occupant or other person having charge of any building or vacant lot of ground within the village limits abutting upon any street where the sidewalk is paved shall, within two hours after snow ceases to fall or after the deposit of any dirt or other material upon said sidewalk, remove the snow or ice, dirt or other material from the sidewalk and gutter, the time between 9:00 p.m. and 7:00 a.m. not being included in the above period of two hours.
B. 
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or vacant lot may, within the time specified in the Subsection A above, cause the sidewalk abutting said premises to be strewn with ashes, sand, salt, sawdust or other similar suitable material and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalk.
C. 
The owners, tenants, lessees, occupants or persons in charge of buildings adjacent to public sidewalks shall take any action necessary to prevent the falling of snow, ice and water from such buildings onto said public sidewalks.
[Added 3-10-2014 by L.L. No. 5-2014, effective 3-24-2014]
D. 
No person or entity shall deposit, plow, throw or place, nor shall any person or entity cause to be deposited, plowed, thrown, placed or strewn, any snow or ice upon any street or sidewalk within the Village so as to create a hazard for pedestrians or vehicles.
[Added 3-10-2014 by L.L. No. 5-2014, effective 3-24-2014]
E. 
No person or entity shall pile, gather up, plow up or in any way force any snow or ice upon any land within six feet of any street, highway or roadway in such a manner as to cause the height of the snow and ice so piled, gathered, plowed or forced to exceed three feet six inches in height above the existing natural grade, and no snow or ice shall be piled so as to cover or prevent access to a fire hydrant.
[Added 3-10-2014 by L.L. No. 5-2014, effective 3-24-2014]
No person shall erect any awnings over any street, avenue, highway or public place in the village, the lowest point of which shall be less than seven feet from the level of the sidewalk.
A. 
No person shall hang or place any goods, wares or merchandise or any stand, sign or other encumbrance of any kind or suffer or maintain or permit the same upon any sidewalk in front of any premises owned or occupied by him. Notwithstanding the aforementioned, the Village Board of Trustees shall have the authority to designate certain days or periods when this provision can be temporarily waived within a specifically designated area. In connection therewith, the Village Manager shall have the authority to impose regulations and/or other conditions or restrictions upon any parties using the sidewalk areas in front of their premises.
[Amended 5-24-1993 by L.L. No. 3-1993, effective 6-1-1993]
B. 
Wares or merchandise in process of loading, unloading, shipment or being received from shipment may be transferred from trucks or other vehicles over the sidewalk by the use of skids. Household furniture may be temporarily placed on a sidewalk for the purpose of loading or unloading the same during daylight and without unreasonable delay, but, in any such case, a passageway shall be kept open within the stoop line of the building abutting on the sidewalk so obstructed and the curb for free movement of pedestrians.
[Added 7-15-1963, effective 7-30-1963]
A. 
Definitions. Unless otherwise stated expressly, the following words and expressions, where used in this section, shall have meanings as follows:
PERSON
Includes a natural person of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
SHOPPING CART
Includes any cart, basket, container or other device made of wire, metal or other material mounted on wheels, manually operated and used generally for the conveyance of goods and property.
STREET
Includes a street, avenue, road, alley, public passageway, lane, highway, concourse, driveway, culvert, crosswalk and sidewalk and every class of road, square and municipal parking field used by the general public.
B. 
It shall be unlawful for any person or his agent or employee to leave or to suffer or permit to be left unattended any shopping cart, either owned by such person or in such person's possession, custody or control, upon any street, sidewalk, municipal parking field or public place.
C. 
It shall be deemed a violation of this section if any shopping cart is left unattended or remains upon any street, sidewalk, municipal parking field or public place for a period in excess of 12 hours.
D. 
The presence of an abandoned shopping cart at the places designated herein for a period in excess of 12 hours shall be presumptive evidence that it was removed from the owner's presence and abandoned with the owner's consent and permission, expressed or implied.
E. 
Every person who owns or makes available to the public in connection with the conduct of business and trade any shopping cart shall make or cause the same to be marked and identified conspicuously with the name and address of the owner. Such identification shall be in the form of a metal tag securely fastened to the cart or a cutting or stamping on the frame of the cart.
F. 
Any person violating any of the provisions of this section shall be liable for such penalties as set forth in § 296-16.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
G. 
Whenever the Chief of Police shall take possession of any property left upon any street, sidewalk, municipal parking field or public place in violation of this section and such property contains identification of ownership, a notice shall be sent, by ordinary mail, to such person purporting to be the owner, advising that such property is held by the Chief of Police and advising the amount necessary to redeem.
H. 
Such property may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such property upon tendering the sum of $5 to the Chief of Police. No property shall be delivered to a person seeking to redeem the same, unless proof establishing to the satisfaction of the Chief of Police such person's ownership is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the village against any other person claiming to be entitled thereto, but if the person to whom delivery is made is, in fact, not entitled thereto, the person to whom the same ought to have been delivered may recover the same with interest and costs from the person to whom the same shall have been delivered.
I. 
Where any such property remains in the custody of the Chief of Police for a period of 15 days after removal and with respect to which no person has presented to the Chief of Police proof establishing to his satisfaction such person's ownership, the Chief of Police shall give public notice in the official newspaper of the village, advising that, at a specified place and time not less than five days after such notice is published, such property will be sold at public auction for the best price he can obtain. A general description in such notice of the property to be sold shall be sufficient. Said sale shall be conducted by the Chief of Police or any employee of his Department designated by him or by an auctioneer designated by the Chief of Police.
J. 
In the event that said property shall remain unsold at public auction, the Chief of Police may reoffer said property for sale at a subsequent public auction held pursuant to this section or he may dismantle, destroy or otherwise dispose of this property. Any such sale or other disposition of such property pursuant to this section shall be without liability on the part of the village to the owner of such property or other person lawfully entitled thereto or having an interest therein.
K. 
Immediately after property is redeemed, the Chief of Police shall pay over to the Treasurer of the village the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such property, the Chief of Police shall pay to the Treasurer the proceeds of sale or other disposition of such property, with an itemized statement of the article sold, the price received and the costs and expenses of sale, and the Treasurer shall retain so much of the proceeds as equals the costs and expense of such sale, plus $5 for such article sold to cover the cost of removing and storing the property; the remainder of the moneys realized from such sale or other disposition shall be paid, without interest, to the lawful owner thereof as determined by the identification, if any, on the property so sold or otherwise disposed of.
L. 
The provisions of this section shall not apply to any property which may come into the possession or custody of the Police Department pursuant to any other ordinance, law or regulation.
[Amended 11-25-2013 by L.L. No. 13-2013, effective 12-5-2013]
A. 
No builder, contractor or workman in control of any operations or repairs upon private property shall obstruct any sidewalk in the Village or endanger the safety of pedestrians over such sidewalk. If such building or repair operations shall necessitate the temporary obstruction of such sidewalk or the existence of a condition making the use of said sidewalk unsafe, the Building Inspector may, in his discretion and subject to such restrictions as he may impose, authorize the temporary closing of said sidewalk to public use during the period of such operations, or require the construction of a sidewalk safety shed or bridge, which will require an application for and issuance of a building permit.
B. 
Sidewalk sheds and/or bridges. Whenever any building or part thereof within 10 feet of the building line is to be erected or raised to exceed 35 feet in height or whenever a building more than 40 feet in height is to be demolished, the owner or the person doing or causing such work to be done shall erect and maintain, during such work, a substantial shed or protective bridge over the sidewalk in front of said building and extending, so far as practicable, from building line to curb. Such shed shall remain in place until the building is enclosed or, in case of a demolition operation, until the building has been reduced to 10 feet in height. Every such shed shall be kept properly lighted at night. The sidewalk shed or bridge shall require an application for and issuance of a building permit.
C. 
Barricade. In any building operation that does not require sidewalk sheds, the owner or person doing or causing such work to be done shall, unless relieved by a general rule from the Village Board or a special permit from it, erect and maintain in front of the building, during such building operation, a substantial fence or barricade suitable to the Building Department.
D. 
Permission to place building materials on streets. Before commencing any building operation, upon approval by the Village Manager, a permit shall be obtained from the Village Manager, upon review and recommendation by the Village Engineer, for the placing of any building materials on said street or avenue. In no case shall this permit be issued for or in excess of 1/3 of the street or avenue. A suitable bond approved by the Village Manager shall be furnished by the person or persons occupying said portion of the street or avenue to indemnify the Village of Mamaroneck for any damage to the street or avenue, sidewalk or curb and indemnifying the Village against any liability for injuries to any person or property in any manner caused by reason of the deposit of building materials in such street or avenue. This bond shall be filed with the Village at or prior to the issuance of such permit.
E. 
A permit in the following form shall be issued upon application to the Village of Mamaroneck, to be reviewed by the Village Engineer and authorized by the Village Manager:
LICENSE FOR STORAGE OF MATERIALS ON HIGHWAY
No. _____________________
Mamaroneck, New York, __________________, 20 _____.
Permission is hereby given _____________ (hereinafter called the licensee) to store building materials on ___________, Mamaroneck, New York, for a distance of _____ feet by _____ width.
In consideration of the Village of Mamaroneck granting this permit, the licensee hereby guarantees:
1.
To repay the Village for any damage by reason of such use.
2.
To keep the sidewalk at this property open at all times for the use of pedestrians to a width of at least four feet of passable area, exclusive of tree grates, unless such requirement is impracticable.
3.
To keep the material so stored on the public highway well and sufficiently lighted at night with proper safety barricades, with flashing beacons on each barricade.
4.
To indemnify and hold and save the Village of Mamaroneck free, harmless and protected from all damages in connection with the same or by reason thereof.
5.
To pay the Village for any damage to the sidewalk or Village property by reason of such use.
6.
To provide a certificate of liability insurance for the storage of such materials, naming the Village of Mamaroneck additional insured, under a policy providing coverage to a minimum of at least $2,000,000.
In the presence of: ________________________ L.S.
Bond in penalty of _________________ dollars filed.
Village Engineer
Date:
Approved
Village Manager
Date:
Approved:
_______________________________
In presence of ______________________________ L.S. Received ________________ dollars for the above license. _____________________________________ Manager.
Received _________ dollars as deposit required for the above license.
__________________________________________ Manager.
F. 
The Village Manager, in his discretion, may also require a bond with sufficient security to indemnify and save harmless the Village for any damage that may be caused to it by reason of the neglect or default of the person obtaining such permit.
A. 
No person shall use or maintain a fence of barbed wire or similar construction along the boundaries of any such streets or grounds of the village.
B. 
All fences abutting upon a public street shall be kept in reasonable repair and in a safe condition, and, when such fences are between a street and an excavation or depression in a lot, they shall be properly, safely and securely braced so that pedestrians shall be secure in passing.
[Amended 2-26-1962, effective 3-6-1962]
C. 
No fence or other structure located on any land at or near any corner or any curve on any street within the limits of the village shall be permitted by the owner or owners thereof to so obstruct or interfere with the view of drivers of vehicles as to create a traffic hazard at such corner or curve.
[Amended 2-26-1962, effective 3-6-1962]
A. 
No person not otherwise authorized by law to do so shall erect or maintain on or over any street or sidewalk within the village any telegraph, telephone, electric light or other poles or string wires in, over or upon any street, sidewalk or public ground or over or in front of any building or buildings within the village without a permit from the Village Manager.
B. 
All telephone, telegraph, electric light or electric power poles, where the same are located upon the public highway within the village, shall be marked with the name or initial of the owner or owners of said poles in such manner as the Village Manager shall prescribe.
Driveways and parking areas shall be so constructed as to prevent materials used in the construction thereof from being washed or scattered upon sidewalks.
The use of gravel or bluestone for surfacing of gasoline stations is prohibited. Gasoline stations shall be surfaced with such materials as will prevent the materials used in such surfacing from being scattered upon adjacent sidewalks.
No person or persons shall participate in any parade, exhibition or the playing of bands of music upon the streets of the village, unless a written permit shall have been previously obtained therefor, in each specific instance, from the Village Manager of the village.
A. 
The planting of trees on village streets or public grounds or other village property by private individuals is hereby prohibited.
B. 
Property owners and other persons are hereby prohibited from planting within a distance of 20 feet from a public street or sidewalk silver maples and allied species, ailanthus and poplars of any variety.
C. 
The attaching of signs and/or posters to village trees is hereby prohibited.
D. 
No person or persons shall, in any manner, injure or destroy village trees by chopping into said trees, scarring the trunks, driving nails into the trunks or limbs, building fires near the trunks or under the branches or pouring or depositing oil, gasoline, tar, creosote, salt or other injurious substances on the soil near such trees.
E. 
No person or persons shall prune, spray, treat cavities, fertilize, cable, brace or otherwise treat or cause to be treated trees on village streets or public grounds within the village, except after having obtained written consent from the Park Commission of the Village of Mamaroneck.
F. 
Any person or persons, firms or corporations engaged by any private individual to treat trees on village streets or on other public places within the village shall, before proceeding with the treatment of said tree or trees, deposit with the Village Clerk a sum of money equal to the cost of such treatment as a guaranty that such treatment will be properly made. Upon examination and inspection of said trees by the Park Commission after such treatment, if it shall appear that the work was properly done, said sum of money shall be returned.
G. 
Any person or persons, including public utility corporations and their agents, servants and employees, are prohibited from climbing village trees with the aid of spurs. Any wires of public service utilities passing among the branches of village trees shall be properly insulated so as to prevent damage to said trees. Guy wires shall not be attached to trees in such a manner as to girdle or restrict growth. When necessary to attach any guy wires or cables, such devices shall be attached by means of lag hooks screwed into the trunk or by eyebolts passing through the trunk.
H. 
When necessary to remove tree limbs in the moving of buildings and/or to make clear passage for wires and where the removal of such limbs might injure a tree or spoil its symmetry or otherwise mar its appearance, it shall be necessary to obtain permission of the Village Park Commission before the issuance of a permit and the starting of such work. It shall not be necessary to secure permission for the usual periodical removal of small branches by utility companies to allow the free passage of wires, but any such work will be subject to inspection by the Village Park Commission and, where such work is not proper, any expense incurred by the village in repairing the same will be charged to the public utility or to any person or persons responsible for the damage.
[Amended 11-26-1963, effective 12-6-1963]
I. 
It shall be lawful for the village to spray or take other means to control and prevent the spread of insects or disease where privately owned trees shall have become infected with such disease or infested with insects so as to endanger trees belonging to the village.
J. 
This section shall not apply where the Board of Trustees of the Village of Mamaroneck shall deem it advisable to cause village trees to be removed during the course of the improvement of a village street or of other public grounds within the village.
K. 
No tree, shrub or other plant located on any land at or near any corner or any curve on any street within the limits of the village shall be permitted by the owner or owners thereof to so obstruct or interfere with the view of drivers of vehicles as to create a traffic hazard at such corner or curve. The owner of any tree, shrub or other plant overhanging or otherwise adversely affecting any street or right-of-way within the village shall, at his own expense, prune any such tree, shrub or other plant so that it shall not obstruct the view of any street intersection or obstruct or hinder passage on any street or sidewalk and so that there shall be a clear space of eight feet above the surface of the street or the full width of the sidewalk, as the case may be. In addition, owners shall remove, at their own expense, all dead, diseased or dangerous trees, shrubs or other plants, broken or decayed limbs or branches which constitute a menace to the safety of the public.
[Amended 1-25-1988 by L.L. No. 2-1988, effective 2-1-1988]
L. 
The Superintendent of Public Works of the village shall report any violation of Subsection K hereof to the Village Manager, and he may, by notice mailed to the owner or owners of such tree, shrub or other plant, order such owner or owners, on or before a date fixed in such notice, to cause such tree, shrub or other plant to be removed or so trimmed that it shall cease to be a violation and may direct the Superintendent of Public Works to cause the same to be removed or so trimmed unless the owner or owners thereof shall do so on or before such date.
M. 
In case such owner or owners shall fail to cause such tree, shrub or other plant to be removed or so trimmed on or before such date, the Superintendent of Public Works shall cause the same to be removed or so trimmed.
N. 
Any such owner or owners, including any individual, partnership or corporation owning such tree, shrub or other plant alone or in common with another or others, who shall fail to comply with an order made pursuant to Subsection L hereof or shall resist or obstruct the Superintendent of Public Works or any other person or persons acting under his direction in removing or trimming any tree, shrub or other plant pursuant to Subsection M hereof shall, upon conviction, be liable to such penalties as set forth in § 296-16.
O. 
Dead trees.
[Added 7-15-1963, effective 7-30-1963]
(1) 
It shall be unlawful for any owner of any lot or land in the Village of Mamaroneck to permit or maintain on any such lot or land any tree that is dead, diseased or which is so damaged as to be a public nuisance, unsightly and in danger of falling, thereby causing damage to persons or property of others.
(2) 
It shall be the duty of the owner of any lot or land, at his own expense, to cut down and remove any tree upon his property which is dead, diseased or which is so damaged as to be a public nuisance, unsightly and in danger of falling, thereby causing damage to persons or property of others.
[Amended 1-25-1988 by L.L. No. 2-1988, effective 2-1-1988]
(3) 
If the provisions of Subsection O(2) above are not complied with, the Village Clerk shall serve or cause to be served a written notice, by mail, upon the owner of any such lot or land, requiring the provisions thereof. If the person upon whom notice is served fails, neglects or refuses to cut down and remove any such dead or diseased tree within 30 days after service of such notice or damaged tree which is in danger of falling within five days after service of such notice or if no person can be found in the village who either is or claims to be the owner of such lot or land or either represents or claims to represent such owner, the Superintendent of Public Works or other duly appointed officer or employee of the village shall cause said dead, diseased or damaged tree which is in danger of falling to be taken down and removed by contracting with trained experts or by other adequate means, and the actual cost thereof, and any other additional cost in connection therewith, shall be paid by the owner of any such lot or land within 30 days after completion of such destruction and removal and, upon failure of such owner to pay such costs within 30 days, shall be certified by the Superintendent of Public Works or other duly appointed officer or employee of the village to the Assessor of the village and shall, thereupon, become and be a lien upon the lot or land on which such dead, diseased, damaged or unsafe tree is located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes. The assessment of the cost of the work done by the village against the property involved shall be in addition to the penalties imposed herein for any violation of or noncompliance with any provision of this subsection or any rule, regulation, order or special direction duly made thereunder.
No alteration, removal or construction of any curb or sidewalk within the street limits of the Village of Mamaroneck shall be made without the written permission of the Village Engineer given to the owner of the abutting property.
[Amended 9-22-1980 by L.L. No. 11-1980, effective 9-29-1980; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; 3-14-1994 by L.L. No. 3-1994, effective 3-28-1994]
A. 
No person shall be allowed to excavate, open or dig any trench, ditch or hole in any portion of any street, highway, sidewalk or public place in the village without first obtaining a permit therefor signed by the Superintendent of Public Works.
B. 
No power shovel or equipment shall be used to excavate on any street in the village, whether improved or unimproved, without a written permit from the Superintendent of Public Works and approved by the Village Manager.
C. 
Such permit may be granted to any property owner or his duly appointed agent carrying liability insurance in the amounts of $50,000 and $100,000 and property damage in the amounts of $25,000 and $50,000 covering any accident or damage that may occur due to the work contemplated, upon the payment of a license fee as set forth in Chapter A347, Fees, and the fulfillment of the following conditions:
(1) 
If the excavation is to be done by hand, the person applying for such a permit shall deposit with the Village Treasurer a sum representing the estimated replacement cost of the pavement to be disturbed, but in no case less than the value of 100 square feet of pavement at the value set by the Board of Trustees from time to time and filed in the office of the Superintendent of Public Works. No excavation by mechanical equipment shall be allowed, except by special permit approved by the Village Manager, and if excavation is to be made by use of steam shovel, backhoe or other mechanical trencher, the deposit required shall be three times the amount required if the excavation is to be made by hand.
(2) 
Should the completion of the work be unnecessarily delayed or the work improperly done, the village shall, upon the request of the Superintendent of Public Works and with the approval of the Village Manager, complete the work or reconstruct the same under the direction of the Superintendent of Public Works. The cost of this work shall be charged against the deposit.
(3) 
The applicant shall sign an agreement contained in said permit, which permit shall be in the following form, with blank spaces filled in as required:
No. _________ Village of Mamaroneck, Westchester County, New York
Permission is hereby given to ________________________ to dig up and open a trench, not exceeding _________________ in length, in _________________ in said Mamaroneck Village, upon the following conditions, viz:
Said _________________________ (hereinafter called the licensee) hereby stipulates and agrees, in consideration of the granting of this license, that all work done and material used will comply with any covering rules or ordinances of this village; that he will not permit or suffer said trench or opening to remain open longer than is absolutely necessary and required for the proper doing and performance of the work necessary to be done and for which this license is granted; and that he will, at all times, keep the same properly and sufficiently guarded against danger or accident to any person or persons by reason of the same; that he will, at all times, keep the same well and sufficiently lighted at night with at least two lanterns; and that, when said work is finished, he will at once notify the Superintendent of Public Works, in writing, who shall, at the expense of said licensee (to be deducted from the deposit made at the date hereof), restore said site to as good condition as it was before said work was undertaken, and said licensee will hold and save the Village of Mamaroneck free, harmless and protected from all damages in connection with the same or by reason thereof. In addition, the licensee shall be responsible for damage to any trees, shrubs or other plant life as well as any environmental damage which may result from the licensee's activities on the subject site.
Purpose of permit
Licensee
D. 
The Board may, on such terms as it shall deem proper, exempt any public service corporation supplying the village with its product from the obligation to make the deposit above provided for on such corporation agreeing that the cost of restoring the highway and the paying for any damage resulting to said village may be deducted from its claim against the village or, in excess thereof, be recovered in an action against said corporation.
[Amended 9-22-1980 by L.L. No. 11-1980, effective 9-29-1980]
Rates for repair of pavements, as established by the Board of Trustees, are as follows:
A. 
Minimum deposit for work done by hand: $100 per square foot.
B. 
Minimum deposit for work done by machine: $200 per square foot.
C. 
Minimum deposit for sidewalk openings: $30 per square foot.
D. 
Minimum deposit for general sidewalk repairs: $100.
E. 
Minimum deposit for curb cuts: $100.
F. 
Ordinary road, oiled or sealed: $2.50 per square foot.
G. 
Blacktop on penetrated stone base: $2.50 per square foot.
H. 
Reinforced concrete pavement: $5 per square foot.
I. 
Blacktop on concrete base, including Hastings block or brick: $5 per square foot.
J. 
Sidewalk openings: $4 per square foot.
K. 
Concrete curb, disturbed or cut: $10 per linear foot.
L. 
Concrete curb and gutter, section disturbed: $20 per linear foot.
M. 
Unpaved areas, grass or earth shoulder: $1 per square foot.
[Amended 6-28-1976 by L.L. No. 6-1976, effective 7-2-1976; 8-10-1987 by L.L. No. 11-1987, effective 8-17-1987; 2-26-1996 by L.L. No. 3-1996, effective 3-7-1996; 5-10-1999 by L.L. No. 8-1999, effective 5-14-1999]
A. 
It shall be the duty of the owner of every lot or piece of land in the Village of Mamaroneck to keep the sidewalks in front of the premises owned by him, them or it at all times in good repair and in a safe condition for public use and free from all obstructions or encumbrances so as to permit the public use thereof in an easy, safe and commodious manner.
B. 
In case any sidewalk and/or curb in said village shall, at any time, in the judgment of the Public Works department head, be unsafe and require repairing, said department head shall serve a notice upon the owner of the lot or piece of land in front of which such sidewalk and/or curb is in an unsafe condition, requiring the owner or owners thereof, within 30 days from the service of each notice, to commence actual work to repair such sidewalk and/or curb so as to make the same in good repair and in a safe condition. Such notice shall be served on such owner personally or by leaving the same at the residence of such owner or owners with a person of suitable age and discretion or by posting the same conspicuously on such premises or by mailing the same addressed to such owner or owners at their residence address. Where there are two or more owners of any such property, service upon one of them shall be sufficient. In the event that said owner requires more than the 30 days to commence repair, approval for an extension of time must be granted by the Public Works department head.
C. 
If any owner or owners shall neglect or refuse to repair such sidewalk and/or curb within the time limited therefor by said notice or extended by the Public Works department head, the Village of Mamaroneck shall forthwith make such repairs in such manner as it shall deem proper and suitable and shall file a certificate of the expense thereof, together with a description of the property in front of which such repairs were made, with the Village Clerk-Treasurer, who shall certify the same to the Board of Trustees at the next regular meeting thereafter. The expense of making such repairs shall be paid by the owner of the property abutting on the sidewalk and/or curb so repaired and may be collected in an action at law or assessed upon the adjoining land. Such assessments shall be made and taxes levied as provided by the Village Law. The Village Board may, by resolution and without further public hearing, assume such percentage of the cost of any sidewalk and/or curb repair under such program as the Board, in its sole judgment, should decide, and, further, although the village may determine the amount which the taxpayer will pay and the amount the village will pay, in no event will there be assessed to the taxpayer an amount in excess of what he would pay under a voluntary program on a 50/50 basis as described below.
D. 
Cost-sharing program.
(1) 
Said 50/50 program or any other sharing of the percentage of cost of repair of sidewalks and/ or curbs shall apply only to sidewalks and curbs which adjoin or abut residential properties within the village.
(2) 
The voluntary 50/50 cost-sharing program shall be as follows:
(a) 
Where only a sidewalk is to be repaired, the village will pay 50% and the owner will pay 50% of the cost of such sidewalk repair.
(b) 
Where a sidewalk and curb of the same property are to be repaired, the village will pay 50% and the owner will pay 50% of the cost of such sidewalk and curb repair.
(c) 
Where only a curb is to be repaired, either because no sidewalk exists on the property or if it does exist and it has been determined by the Public Works department head that only the curb is unsafe and repairs to the sidewalk are not needed, then the village will pay 50% and the owner will pay 50% of the cost of such curb repair.
(3) 
The voluntary 50/50 cost-sharing program shall be administered under the direction and discretion of the Public Works department head; provided, however, that, if insufficient funds are available in the current yearly budget to effect repairs for all interested applicants, the Board of Trustees shall have the sole power and discretion to determine priorities thereof. Should priorities established by the Board of Trustees prohibit certain applied-for repairs, said application will be carried into the coming fiscal year and given priority over new applications, provided that an emergency condition, as evaluated by the Public Works department head preempts this priority.
(4) 
In no event shall the village pay more than the sum of $1,500 to any applicant with respect to the provisions of the cost-sharing program within a five-year period, unless otherwise approved by the Public Works department head.
(5) 
Under the conditions stipulated in the voluntary 50/50 program, the applicant must ensure that the required sidewalk permit is obtained before commencement of such work. If this provision is not met and said work is done without a permit, the application for the 50/50 will automatically become void, and the applicant will, therefore, become ineligible to receive any reimbursement from the village of Mamaroneck for said completed work.
[Added 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; amended 1-25-1988 by L.L. No. 2-1988, effective 2-1-1988]
Any person violating any of the provisions of this article shall be punishable, upon conviction thereof, by a fine not exceeding $250 in addition to the actual village remedial costs, if any, or imprisonment not exceeding 15 days, or both.
[Adopted 6-4-1956 by L.L. No. 1-1956, effective 6-4-1956]
[1]
Editor's Note: For statutory provisions concerning the liability of villages in certain actions, see § 6-628 of the Village Law.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; 2-26-1996 by L.L. No. 3-1996, effective 3-7-1996]
No civil action shall be maintained against the Incorporated Village of Mamaroneck for damages or injuries to person or property sustained in consequence of any street, highway, curb, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, curb, bridge or culvert, unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to the particular place, was actually given to the Village Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place otherwise made reasonably safe.
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 Mamaroneck.