[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneckas indicated in article histories. Amendments
noted where applicable.]
[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:
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LICENSE FOR STORAGE OF MATERIALS ON HIGHWAY
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No. _____________________
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Mamaroneck, New York, __________________, 20 _____.
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Permission is hereby given _____________ (hereinafter called
the licensee) to store building materials on ___________, Mamaroneck,
New York, for a distance of _____ feet by _____ width.
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In consideration of the Village of Mamaroneck granting this
permit, the licensee hereby guarantees:
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1.
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To repay the Village for any damage by reason of such use.
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2.
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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.
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3.
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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.
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4.
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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.
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5.
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To pay the Village for any damage to the sidewalk or Village
property by reason of such use.
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6.
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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.
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In the presence of: ________________________ L.S.
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Bond in penalty of _________________ dollars filed.
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Village Engineer
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Date:
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Approved
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Village Manager
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Date:
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Approved:
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_______________________________
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In presence of ______________________________ L.S. Received
________________ dollars for the above license. _____________________________________
Manager.
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Received _________ dollars as deposit required for the above
license.
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__________________________________________ Manager.
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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:
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No. _________ Village of Mamaroneck, Westchester
County, New York
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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:
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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.
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Purpose of permit
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Licensee
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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.
[Added 9-9-2019 by L.L.
No. 4-2019; effective 9-13-2019]
Supplementing the provisions of § 6-610 of the Village
Law of the State of New York, the Board of Trustees may accept the
dedication of the whole or any part of a street upon determining that
the street:
A.
Will be of substantive beneficial use to the Village;
B.
Has been suitably improved to the standards then in effect to the
satisfaction of the Village Engineer and, if the street requires the
approval of the Planning Board is required, to the Planning Board;
C.
Is not a dead-end street or, if a dead-end street, ends in a radius
sufficient that all of the Village's fire apparatus may turn
around without backing up;
D.
Provides sufficient off-street overflow parking for the most intense
development allowed by the Village Code then in effect; and
E.
Provides sufficient room to plow the road and to pick up leaves without
vehicles backing up to turn around.
[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.
