[Added 7-14-1986 by L.L. No. 10-1986; amended 7-14-2003 by L.L. No. 3-2003; 9-10-2007 by L.L. No.
5-2007]
A.
SIDEWALK
Definition. As used in this section, the following
terms shall have the meanings indicated:
Any area, whether paved or otherwise improved, unpaved or
unimproved, designated on a filed subdivision plat as a sidewalk,
or as a pathway or trail intended for pedestrian use, or which, even
if not so designated in a filed subdivision plat, is built and/or
constructed as a pedestrian way.
B.
Sidewalk
maintenance and repair.
[Amended 4-11-2022 by L.L. No. 4-2022]
(1)
No
property owner or any other person shall remove any portion of an
existing sidewalk without Planning Board approval, except for the
purpose of its immediate repair or replacement, in which case any
such replacement shall be: a) in accordance with grades and specifications
on file in the office of the Department of Public Works of the Village;
and b) approved by the Planning Board to the extent it involves the
replacement of any portion of an existing stone or brick sidewalk
with a sidewalk made of a different material.
(2)
Duties
of property owners. It shall be the duty of owners of real property
within the Village to maintain in good and safe repair, care for and
keep clean and free from all accumulation of garbage, rubbish, refuse,
weeds, leaves, branches and other obstructions ( individually and
collectively "obstructions") sidewalks on, abutting, and/ or adjacent
to their property.
(4)
Notice to correct conditions. A notice to: i) replace removed sidewalks; ii) replace nonconforming replacement sidewalks with sidewalks that comply with the requirements of Subsection B(1) above; or iii) correct the condition of sidewalks that are not in good and safe repair or upon which there are obstructions, may be served by the Village either: a) personally; b) by leaving a copy at the subject premises; or c) by mailing a copy of the same by certified mail or overnight delivery to the owner at his, her or its last known address as the same appears on the assessment rolls of the Village. The notice shall state the time frame within which work shall be completed.
(5)
Compliance
with specifications. Whenever a property owner is required by notice
to replace or repair sidewalk(s) that are not in good and safe repair
or that have been removed, all work shall be done in accordance with
grades and specifications on file in the office of the Department
of Public Works of the Village.
(6)
If
such owner fails, neglects, or refuses to comply with said notice
within the time specified therein, the Village may cause the condition
to be corrected and the cost thereof may be assessed, levied, and
collected against such owner of the property abutting, adjacent to,
or on which the sidewalk is located. The availability of this remedy
shall be in addition to any other remedies available to the Village
as provided herein or in law or equity.
(7)
Any
party who wishes to dispute the requirement to comply with the notice
provided for herein will be given a reasonable opportunity to present
their dispute to the Village Administrator, or their designee, before
any costs are assessed against the owner's property.
C.
Penalties.
If the owner of real property fails to undertake the required replacement,
repair, maintenance or clearing of ice, snow or obstructions within
the time frames specified in this Part or otherwise violates this
Part, they shall be liable to the Village for a penalty of up to $250
per day until the sidewalk conditions, obstructions, ice or snow are
removed or corrected. Said penalty shall be in addition to other remedies
available to the Village under this section and at law or equity.
[Amended 4-11-2022 by L.L. No. 4-2022]
