[HISTORY: Adopted by the Board of Trustees of the Village of Waterford 7-21-2004
by L.L. No. 4-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed L.L. No. 2-2004,
adopted 5-17-2004, and provided that: "Any application made by a resident
of the Village of Waterford for funding for sidewalk repairs previously made
pursuant to the provisions of Local Law No. 2 of the year 2004 may be processed
and approved pursuant to the provisions of this local law."
A.
If a sidewalk is in need of repair or replacement, the
owner of said real property may make a written application to the Village
asking for repair or replacement of the sidewalk. A fee for the filing of
said application may be established by the Village Board of Trustees. Applications
will be processed and acted upon in the chronological order in which they
are received, and approval of any such application will be at the sole discretion
of the Village Board of the Village of Waterford.
B.
There must be funds actually available and budgeted for
said purposes, and whether or not funds are budgeted for this program shall
be at the sole and absolute discretion of the Village Board of Trustees as
it shall from time to time decide.
A.
The Village will periodically let for bid all approved
sidewalk reconstruction projects pursuant to standard specifications prepared
by the Village and will pay the cost of such reconstruction. The Village agrees
to absorb the 50% of the cost of such sidewalk construction.
B.
After completion of a sidewalk repair or reconstruction, the applicant shall reimburse the Village for all amounts in excess of the Village's agreed share. If the applicant fails to reimburse the Village within 30 days of mailing of a statement of the amount owed, that applicant shall be deemed to be in default and amounts due and owing shall thereafter be collected pursuant to the provisions of § 22-5.
Any person whose application to repair or replace a sidewalk is approved
shall enter into a written contract in a form to be provided by the Village
before any work is commenced on the repair or replacement of such sidewalk.
Such contract shall obligate the applicant to reimburse the cost of the reconstruction
in excess of the Village's share and shall authorize the Village to add
any unpaid costs of such repair or replacement to the real property tax bill
for the property. Such contract may also contain any other provisions which
the Village Board deems proper and necessary.
Failure of the Village Board of Trustees to budget funds for repair
of sidewalks shall in no way excuse any property owner from properly maintaining,
repairing, constructing or replacing sidewalks in accordance with any statute
of the Village or any order issued by the Village Board of the Village of
Waterford.
Not later than the 14th day of January of each year, the Clerk shall submit to the Board of Trustees of said Village a report showing the names of any owners who have failed to pay any bill rendered to said owners pursuant to § 22-2 during the last 12 months, together with the amount of said unpaid bills, and the Board of Trustees, upon receiving said report, shall direct that said unpaid amounts be assessed against the real property of said owner which abuts the public streets as of the following June 1, which shall become a lien against said real property at said time and shall be collected along with the current Village taxes.
