[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.
