[Adopted 11-5-1973 by L.L. No. 2-1973;
amended in its entirety by L.L.
No. 4-1996 (Ch. 31 of the 1972 Code)]
This article is enacted to provide for the construction,
maintenance and repair of sidewalks in the Village of East Aurora,
New York, and for the assessment of all or part of the cost thereof,
and removal of ice and snow.
A.
When the Village Board of Trustees deems that it is
in the interest of the general public that new sidewalks, including
driveway aprons, should be constructed, the Village, by written notice,
shall require that the owner of adjoining lands, or may, at its option,
construct said sidewalks. Such sidewalks shall be constructed in accordance
with the standard specifications for installation of public sidewalks.
The standard specifications for installation of public sidewalks shall
be developed by the head of the Department of Public Works and revised
from time to time in accordance with generally accepted engineering
practices for sidewalk construction and installation. The written
notice shall be served upon the owner of adjoining lands, either personally
or by first-class prepaid mail, addressed to the last known address
of the owner as said address is shown on the records of the Assessor.
If the name of the owner or his last known address cannot be ascertained,
notice shall be given by posting in a conspicuous place on the adjoining
land.
[Amended 3-14-2006 by L.L. No. 1-2006]
B.
If the owner shall fail to complete such construction
within 30 days of the service of the notice, the Village shall cause
the sidewalks to be constructed.
C.
In cases where the Village performs such construction,
the cost of such construction shall be shared by the adjoining owner
paying 50% and the Village 50%, except for tax exempt entities who
shall pay the full cost of such construction.
D.
Assessment of expenditure.
(1)
Whenever expenditures are to be shared pursuant to Subsection C, the Board shall serve a notice of at least 10 days upon the owner of such property stating that such expenditure has been made, its purpose and amount, and that at a specified time and place it will meet to make an assessment of the expenditure upon such land. The Board shall meet at the time and place specified. It shall hear and determine all objections that may be made to such assessment, including the amount thereof, and shall assess upon the land the amount as determined pursuant to Subsection C, not exceeding the amount stated in the notice.
(2)
If the amount so assessed is not paid within 30 days
after such assessment, an action to recover the amount may be maintained
by the Village against the owner, or the amount thereof may be included
in the next annual tax levy, or if such sidewalk construction was
financed with municipal bonds, the amount may be levied annually during
the term of such municipal bonds. Nothing herein contained shall be
construed to prohibit the financing of the amount of such unpaid assessments
pursuant to the Local Finance Law.
[Amended 2-7-2022 by L.L. No. 3-2022]
A.
Whenever the Village of East Aurora shall determine that an existing
sidewalk (including driveway aprons) is unsafe, dangerous or obstructed,
and by reason thereof is in need of repair, it shall notify in writing
the adjoining owner of such unsafe, dangerous or obstructed sidewalk
of such condition. If the owner shall not repair such sidewalk within
30 days of such notice, the Village shall cause such repair to be
made, and the cost thereof shall be paid by the owner.
B.
If the cost thereof is not paid within 30 days after an invoice is
sent to the property owner, an action to recover the amount may be
maintained by the Village against the owner, or the amount thereof
may be included in the next annual tax levy.
The owner of lands fronting or abutting any
street, highway, traveled road, public lane, alley or square, shall
make, maintain and repair the sidewalk adjoining his lands and shall
keep such sidewalk free and clear of and from snow, ice and all other
obstructions. Such owner shall be liable for any injury or damage
by reason of omissions, failure or negligence to make, maintain or
repair such sidewalk.
[Added 3-14-2006 by L.L. No. 1-2006]
The head of the Department of Public Works shall
be responsible for enforcing the provisions of this article.
