[Adopted 8-24-1992]
This article may be cited as the "Town of Ithaca
Sidewalk Regulation Ordinance" and is adopted pursuant to the authority
granted by New York State Town Law § 130 et seq. and § 200-a.
[Amended 5-11-2015 by L.L. No. 3-2015]
Sidewalks constructed within the Town of Ithaca, when constructed by parties other than the Town of Ithaca where ordered by the Town Board as set forth below, shall be constructed in accordance with the grades and specifications annexed hereto as Exhibit A[1] unless a specification is waived by the Town Board in
a particular instance because of unique circumstances or if the Town
Board specifically accepts a substitute specification as being equal
or superior to the specifications attached. No construction, reconstruction
or repair of sidewalks shall be permitted, in those areas where the
Town Board has ordered the construction or maintenance of sidewalks,
that does not comply with the attached specifications, unless waived
or modified by the Town Board as set forth above, and the Town of
Ithaca Complete Streets Policy.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
The owner and occupant of premises abutting
on any street where a sidewalk has been laid shall keep the sidewalk
in front of such premises free and clear from snow, ice, dirt, and
other obstructions. All snow and ice shall be removed from such sidewalk
within 24 hours of the time of its deposit, such time to be determined
by the Town Engineer. Upon default in maintaining sidewalks free and
clear from snow, ice, dirt and other obstructions, the Town may remove
such obstructions at the expense of the property owner. The charge
to the owner for the cleaning of any such walk will be the actual
cost, plus 50% for overhead and administration for such charges and
shall be due 30 days from the date invoiced to the owner. Bills remaining
unpaid after 30 days shall accrue a late charge at the rate of 9%
per annum from the date of the bill or $3 per month, whichever is
greater, and may be added to the taxes due with relation to, and shall
become a lien upon, the premises benefited thereby, until paid.
The Town Board may adopt orders from time to
time, directing the owners of the respective lots and parcels of land
abutting on any Town street or highway, or, with the consent of the
County Superintendent of Highways or the State Commissioner of Transportation,
as the case may be, abutting on a county or state highway within the
Town of Ithaca, along which it is desired that sidewalks be built,
relaid or repaired, to construct the same to conform the terms of
this article, and specifying the time within which the same shall
be done. The procedures related to such orders shall be as follows:
A.
The Town Clerk shall give notice thereof by certified
mail addressed to each such owner at the owner's address as it appears
upon the assessment roll of the Town or, in the alternative, by publication
of a notice thereof in the official paper at least twice, the first
publication of which shall be at least 15 days before the time specified
for the completion of the work.
B.
If, within the time prescribed in the order and notice,
the sidewalks required to be built, relaid or repaired, shall not
have been so built, relaid or repaired, then the Town Board may cause
the same to be done and audit and pay the expense of doing the same
and assess the expense thereof against the property benefited as a
whole.
C.
Such assessment shall be in five or fewer annual installments
and shall be levied and collected from the several lots and parcels
in the same manner and at the same time as other Town charges.
D.
The assessment against the property owners shall be
in the same manner as street improvements constructed pursuant to
§ 200 of the Town Law.
E.
If such expense be assessed in installments, there
shall be assessed as part of each installment, except the first, as
interest, an amount not exceeding 6% of such installment, such rate
to be fixed by the Town Board in the order providing for the assessment.
F.
The provisions of law applicable to the sale of tax
liens shall apply to any unpaid assessed installment with the interest
thereon in the same manner as though such installment and interest
had been assessed as an assessment payable as a whole. Unassessed
installments shall be prepayable at any time with interest computed
thereon at the aforesaid rate from the date of assessment of the first
installment to the date of payment of the particular installment.
G.
If such expense be assessed as a whole and the Town
Board resolution assessing such expense against a particular piece
of property shall so provide, the assessment against such property
may be paid in five or fewer annual installments on the dates fixed
by such resolution with interest, not exceeding 6% of each such installment,
fixed by such resolution.
H.
Notwithstanding the foregoing, the Town Board may
adopt a local law apportioning the expense of building, relaying or
repairing any sidewalk within such Town between the Town and owners
of the respective lots and parcels of land abutting any street or
county or state highway within the Town along which it is desired
that sidewalks be built, relaid or repaired.
This article shall apply to all property in
the Town of Ithaca outside the limits of the incorporated Village
of Cayuga Heights.
