[Adopted 6-10-2002 by L.L. No. 3-2002]
This article shall be known as "A Local Law for the Construction, Repair, Replacement and Maintenance of Sidewalks."
The purpose of this article shall be to provide good and safe sidewalks in hamlets and residential areas in the Town of New Berlin.
It shall be the duty of the owner of every parcel of real property adjoining a public sidewalk in the Town of New Berlin to keep said sidewalks in good repair and in safe condition for public use and free from all obstruction or encumbrances so as to permit the free and safe use thereof by the public.
Any of the following conditions of a sidewalk that the Code Enforcement Officer determines presents a danger or risk of injury to persons shall constitute a defective sidewalk:
A. 
Unsafe surface, including but not limited to holes, depressions, breaks or protrusions.
B. 
Ridges or gaps between adjoining sidewalk blocks.
C. 
Difference in elevation of surface of the sidewalk.
D. 
Peeling or crumbling of the surface of the sidewalk.
E. 
Tilting of sidewalk or sidewalk blocks, except in case of handicapped ramps, driveway approaches or other similar situations.
F. 
Missing portions of surface or walk block.
In cases where there is no sidewalk in front of premises having a frontage on any street in the Town, not exceeding 300 feet, and where a sidewalk has been constructed on each side up to the line of the premises, the Code Enforcement Officer shall direct said owner or owners of said premises, within 60 days after service upon said owner or owners, written notice to construct upon the whole of said premises a cement sidewalk as provided by this article. Service of said written notice may be made personally, by regular mail or by certified mail addressed to the last known address of said owner as shown on the records of the Town of New Berlin. When there is more than one owner, service upon any one of the owners shall be sufficient notice. All other provisions of this article not inconsistent herewith shall apply to this section. Where an owner wishes to construct a sidewalk, the owner must first obtain written permission from the Town. All new and repaired sidewalks shall meet all applicable local, state and federal handicap laws.
A. 
The Code Enforcement Officer or his or her designated agents shall have jurisdiction for the purpose of ordering the repair of a defective sidewalk and for taking remedial action towards placing the surface in good repair, for replacing and constructing new sidewalks where necessary or required. The Town Highway Department shall assist the Code Enforcement Officer regarding inspections of sidewalks and providing information to the Code Enforcement Officer regarding defective sidewalks.
B. 
Upon receipt of information that a sidewalk may be defective or missing, the Code Enforcement Officer shall make an inspection of the same and file a report with the Town Clerk.
C. 
If said report shall confirm the existence of a defective or missing sidewalk, as defined herein, the Code Enforcement Officer shall cause a notice to be served upon the owner of the parcel or real property adjoining said sidewalk, his or her executor, legal representative, or agent. Such notice shall be served either personally or by first class mail or certified mail addressed to the last known address of such owner or other person mentioned herein of said address, as shown on the records of the Town of New Berlin. Where there is more than one owner, service upon any one of the owners shall be sufficient notice.
D. 
Such notice shall contain the following:
(1) 
A description of the premises upon which the sidewalk is located or which is adjoining said sidewalk.
(2) 
A statement of particulars in which the sidewalk is defective.
(3) 
Designation of the area in which repair or replacement or construction is to be made.
(4) 
An order that repair or correction of the defective portion of sidewalk or construction of new or replaced sidewalk shall commence within 45 days of personal service or within 50 days of service of such notice by mail and complete all work within 14 days thereafter.
(5) 
A date, time and place for a hearing before the Code Enforcement Officer relative to such sidewalk, which hearing shall be scheduled not less than 10 days from the date of personal service or mailing of the written notice.
(6) 
A statement that, in event of neglect or refusal to comply with the order to repair or replace the defective sidewalk or construct a sidewalk, the Code Enforcement Officer is authorized to provide that the sidewalk be secured and repaired, replaced or constructed and that 1/2 of the expenses thereof be assessed against the parcel of real property adjoining the sidewalk or step and to collect the cost of repairing and/or replacing the sidewalk, including related necessary or incidental expenses thereto.
E. 
The Code Enforcement Officer may exercise his or her discretion to extend time requirements for cause and in writing upon reasonable terms and conditions.
A. 
The aforesaid owner is responsible for the quality of the finished sidewalk. The Code Enforcement Officer will inspect the project from time to time and may require the owner to remove and replace new construction that does not meet construction standards as set forth herein and applicable handicap accessibility laws and as may be modified from time to time.
B. 
Before engaging in sidewalk repair or construction, the contractor, on behalf of the owner, must first obtain a permit from the Code Enforcement Officer or his or her designated agent. Applications for the same are available at the Code Enforcement Officer's office. There will be no fee for the permits.
C. 
No permit shall be issued to a contractor until he or she has filed with the Code Enforcement Officer a certificate of insurance establishing that he or she carries workers' compensation for all employees together with public liability insurance coverage in an amount not less than $500,000, naming the Town of New Berlin as an additional insured; $100,000 for property damage and such other insurance coverage as the Town Clerk may, by rule, regulation or directive, require.
D. 
No person, firm or corporation shall repair or construct a sidewalk unless the same shall be in accordance with the grade established and obtained from the Town Highway Department and unless the same is built to the construction standards as set forth herein and as may be modified from time to time.
E. 
All sidewalks shall be constructed of concrete. The width of residential sidewalks shall be the same as the width existing before replacement, but in no event less than four feet in width. The Highway Superintendent may require replacement sidewalks to be five feet in width where the circumstances will permit without danger to trees or utilities or where other sidewalks adjoining the premises are five feet in width. All sidewalks shall be four inches thick, except in driveways where the thickness shall be six inches. The concrete shall be at least 6 bag mix or greater strength if required by the Highway Superintendent. The Highway Superintendent is hereby authorized to make such other determinations regarding the quality of the sidewalk and details of construction.
F. 
A copy of any permit issued in accordance with this article shall be maintained in the possession of the persons actually doing the work so that same is available for inspection by the Code Enforcement Officer or his or her representative on demand or upon inspection of the sidewalk.
In the event the sidewalk is not repaired by the property owner as required by this article and the Town of New Berlin undertakes to repair, replace or construct said sidewalk, the then Town Clerk, upon completion of the work, shall promptly present said owner with a bill for 1/2 of the aforesaid costs. If the same is not paid with 30 days of such presentment, such costs shall be assessed against the parcel of real property adjoining the sidewalk and shall become a lien thereon, collectible in the same manner as delinquent Town taxes, and/or the Town may proceed to collect by any other lawful manner against the property owner.
A. 
The Town Board recognizes that the repair, construction or replacement of sidewalks can be costly and that it may impose a difficult economic hardship on the owner of real property to keep the public sidewalks in good repair. The Town shall reimburse owners the sum of 50% of the cost of constructing, repairing or replacing sidewalks. The owner shall submit a bill and voucher to the Town Clerk upon completion and Code Enforcement approval of the sidewalk.
B. 
The Town shall establish a loan fund to enable owners to borrow money at a reasonable interest for those owners who demonstrate an inability to afford the cost of constructing a sidewalk.
A. 
It shall be the duty of every owner or occupant of any premises fronting on any public street to remove all snow and ice which may have fallen upon the sidewalk in front of said premises within 24 hours of the time such snow or ice accumulated.
B. 
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without material difficulty or injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid shall, within the time specified in the preceding subsection, cause the sidewalk abutting on the said premises to be strewn with ashes, sand, sawdust or other suitable materials and shall, as soon thereafter as the weather permits, thoroughly clean said sidewalk.
Upon the neglect or refusal of any owner or occupant to comply with the provisions of § 130-15, the Code Enforcement Officer or any Town official shall issue a written warning for the first violation by an owner or occupant. If the owner or occupant fails or refuses to comply with the provisions of § 130-15 within 24 hours of said warning, the owner or occupant shall be subject to fines.
The Code Enforcement Officer shall be any person designated by the Town of New Berlin as an Inspection Officer, Building Inspector or Enforcement Officer.
Any person who violates any provisions of this article, or who shall fail to comply with any order or directive from the Code Enforcement Officer as provided by this article, shall be subject to a fine of $50, which shall be in addition to such other costs or expenses provided by this article.