Chapter 240

 

Chapter 240

SIDEWALKS

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 6-14-1999 by L.L. No. 5-1999. Amendments noted where applicable.]  

GENERAL REFERENCES

 Property maintenance — See Ch. 223.

 Skateboards — See Ch. 243.

 Use of streets and sidewalks — See Ch. 257, Art. I.

  

  • 240-1. Title.

This chapter shall be known as “A Local Law Relative to Sidewalk Construction, Repairs, Replacement and Maintenance.” 

  • 240-2. Purpose.

The purpose of this chapter shall be to provide good and safe sidewalks throughout the Village of Fredonia. 

  • 240-3. Duty to repair and maintain sidewalks. [Amended 8-10-2009 by L.L. No. 6-2009]

It shall be the duty of the owner of every parcel of real property adjoining a public sidewalk in the Village of Fredonia 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. 

  • 240-4. Defective conditions enumerated. [Amended 8-10-2009 by L.L. No. 6-2009]

Any of the following conditions of a sidewalk that the Village Code Enforcement Officer determines presents a danger or risk of injury to persons shall constitute a defective sidewalk: 

     A. Deteriorating surfaces, including but not limited to holes, depressions, breaks, protrusions, peeling or crumbling.

     B. Gaps of more than three inches between adjoining sidewalk blocks.

     C. Difference in elevation of one inch or more of surface or of adjoining sidewalk blocks.

     D. The presence of asphalt or slate in any sidewalk.

     E. Tilting of sidewalk or sidewalk blocks across the width, greater than 1/4 inch per foot, except in case of handicapped ramps, driveway approaches or other similar situations.

     F. Missing portions of surface or walk block.

  • 240-5. Premises with no sidewalk existing.

In cases where there is no sidewalk in front of premises having a frontage on any street in the village, not exceeding 300 feet, and where a sidewalk has been constructed on each side up to the line of premises, the Code Enforcement Officer shall direct said owner or owners of said premises, within 60 days after service upon said owner or owners of written notice to construct upon the whole of said premises a cement sidewalk as provided by this chapter. 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 Village of Fredonia or Town of Pomfret. When there is more than one owner, service upon any one of the owners shall be sufficient notice. All other provisions of this chapter, not inconsistent herewith shall apply to this section. 

  • 240-6. Removal of existing sidewalks. [Added 8-10-2009 by L.L. No. 6-2009[1]; amended 12-28-2009 by L.L. No. 8-2009]

The Village Board of Trustees may authorize, on a case-by-case basis and upon such terms as it deems necessary, the removal of sidewalks upon written application of the adjoining property owner, provided no sidewalk exists on either side adjoining the owner’s property and further provided that less than 30% of the length of the street upon which the property adjoins has sidewalks. Where 30% to 40% of the street upon which the property owner adjoins has sidewalks and where there may or may not be an adjoining sidewalk, the Village Board may in its discretion allow the removal of the sidewalk upon such terms as the Village Board determines to be in the best interest of the Village. “Length of the street” means the length of the street between any intersecting streets. The Village Code Enforcement Officer or in his absence the Village Street Superintendent shall measure and report to the Village Board whether or not 30% or less of the length of the street in question has sidewalks or whether 30% to 40% of the length of the street in question has sidewalks. Notwithstanding the foregoing, the Village Board shall have the right to refuse removal of sidewalks where the Board determines removal is not in the interest of public safety. All costs of removal shall be at the expense of the property owner and the property owner shall restore the area where the sidewalk is located to grade level and to a neat and presentable condition with reseeding. 

  • 240-7. Inspection, notice, hearing, order and repair.

     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 Village Street 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 Village 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 at said address as shown on the records of the Village of Fredonia or Town of Pomfret. 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 business days from the date of personal service or mailing of the written notice. 

          (6)    A statement that, in the 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 all 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.

  • 240-8. Work and material requirements.

     A. The property owner is responsible for assuring that the contractor complies with the Village sidewalk specifications and for scheduling any inspections before and after completion of the sidewalk repairs/replacement. The Code Enforcement Officer or his designee shall inspect the “form work” prior to the placement of the concrete. The Code Enforcement Officer or his designee shall 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 as may be modified from time to time. [Amended 8-10-2009 by L.L. No. 6-2009]

     B. Before engaging upon 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.

     C. At the time of making application to the village for a permit to construct or repair a sidewalk, the owner or contractors shall pay to the village a permit fee in such amount as the Board of Trustees may from time to time determine. Such fee shall be waived in the case of sidewalk repair occurring under the auspices of the village’s sidewalk cost-sharing program.

     D. 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 Village of Fredonia an additional insured, $100,000 for property damage and such other insurance coverage as the Village Clerk may, by rule, regulation or directive, require.

     E. 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 Village Street Department and unless the same is built to the construction standards as set forth herein and as may be modified from time to time.

     F. All sidewalks shall be constructed of concrete and no asphalt or other material may be used. 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 Village Street 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 Village Street Superintendent. The Village Street Superintendent is hereby authorized to make such other determinations regarding the quality of the sidewalk and details of construction. [Amended 8-10-2009 by L.L. No. 6-2009]

     G. A copy of any permit issued in accordance with this chapter shall be maintained in the possession of the persons actually doing the work so that the same is available for inspection by the Code Enforcement Officer or his or her representative on demand or upon inspection of the sidewalk.

  • 240-9. Cost of repair and/or replacement.

In the event that the sidewalk is not repaired by the property owner as required by this chapter and the Village of Fredonia undertakes to repair, replace or construct said sidewalk, then the Village Clerk, upon completion of the work, shall promptly present said owner with a bill for the aforesaid costs. If the same is not paid within 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 village taxes and/or the village may proceed to collect by any other lawful manner against the property owner. 

  • 240-10. Sidewalk cost-sharing program.

     A. The Village Board of Trustees 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 Village has heretofore established and maintained a cooperative public sidewalk repair program. The program has consisted, in major part, of a contribution by the village of a portion of the cost of repair and construction/replacement of defective, dangerous public sidewalks and steps. Said program may or may not be funded from time to time as determined by the Board of Trustees. Funding for this program shall occur, if at all, by establishment of the same as a line item on the Budget of the Village of Fredonia adopted annually by the Board of Trustees or from the Village Community Development Fund as shall be designated or restricted by the Board of Trustees. In the event that such program does exist and is funded, the owner may apply for and seek to qualify for participation in said program subject to the terms and conditions of the same. The lack of existence of such a program or funding thereof shall not negate or obviate the duty of such owner to repair and/or replace such sidewalk or portion thereof.

     B. Before commencing work to replace any sidewalk under the sidewalk repair program, the property owner or his agent shall first make application to the Code Enforcement Officer or his designee and shall complete any application required by the Code Enforcement Officer giving such information as may be required. The Code Enforcement Officer shall determine whether or not the sidewalk is in need of repair or replacement and otherwise qualifies under § 240-4 or 240-5 of this chapter and if village funds are available for reimbursement under the program.

     C. If the Code Enforcement Officer approves the application for sidewalk replacement, the property owner shall be entitled, upon completion of the sidewalk to the satisfaction of the Code Enforcement Officer, to reimbursement in an amount determined from time to time by resolution of the Board of Trustees of the Village of Fredonia.[2][Amended 8-10-2009 by L.L. No. 6-2009] 

     D. Applicants meeting the low-income guidelines under the rules of the United States Department of Housing and Urban Development and who are otherwise qualified may apply for a grant from the Village Community Development Fund for the total cost of sidewalk replacement. The reimbursement shall be determined from time to time by resolution of the Board of Trustees of the Village of Fredonia.[3][Amended 8-10-2009 by L.L. No. 6-2009] 

     E. Participation in the sidewalk cost-sharing program shall not be available to tax-exempt entities nor to an owner who has failed to repair the sidewalk and which results in the village repairing the sidewalk.

  • 240-11. Designation of Code Enforcement Officer.

The Code Enforcement Officer shall be any person designated by the village as an Inspection Officer, Building Inspector or Enforcement Officer. 

  • 240-12. Business use of sidewalks in downtown business district; service of alcoholic beverages [Added 7-14-2008 by L.L. No. 4-2008; amended 9-13-2010 by L.L. No. 4-2010]

     A. No business use of the Village sidewalks in the downtown business district shall be permitted unless the owner of the business first obtains a permit issued by the Village Code Enforcement Officer or his designee. The owner of such business shall comply with all provisions of this § 240-12. Permits for business use of Village sidewalks shall be issued for use of Village sidewalks only during the period of May 1 to October 31.

     B. The downtown business district shall be defined as the sidewalks adjoining the buildings on either side of Main Street (Route 20) between Canadaway Creek and the intersection of White Street and East Main Street.

     C. The permit shall be subject to the following conditions:

          (1)    The hours of use shall be from 1/2 hour after sunrise to 1/2 hour before sunset, except for cafes/restaurants, which will be permitted to use the sidewalks until 11:00 p.m. All property placed on the sidewalk must be removed prior to sunset or, in the case of a cafe/restaurant, at 11:00 p.m., or sooner, upon close of business. 

          (2)    No alcoholic beverages shall be allowed on any sidewalk outside of any establishment, except under the following conditions:  

               (a)     Service of alcoholic beverages will be permitted only in connection with a full-service restaurant immediately adjoining the sidewalk. Alcoholic beverages can be served at a table only if the sale is in connection with service of a meal. Service of snack food, e.g., pretzels, popcorn, peanuts, etc., will not qualify as a meal.  

               (b)     The area of the sidewalk to be used shall be confined within a removable fenced-in area which shall be removed as set forth in Subsection C(1). The fence shall not be less than three feet or exceed 3 1/2 feet in height.  

               (c)     The applicant for the permit shall first submit to the Village Code Enforcement Office an application approved by the Code Enforcement Officer and a plan showing the location and type of fence, location of tables and chairs, and permits or certificates from the State Liquor Authority and any other information that the Code Enforcement Officer deems necessary for compliance with this section and for the protection and safety of the public.     

     D. Owners shall be responsible for keeping the sidewalk area clean and clear for pedestrian use.

     E. There must be a minimum of five feet of unobstructed sidewalk available for pedestrian passage and vehicle loading and unloading.

     F. There shall be no permanent structures on sidewalks.

     G. The business owner must file an application with the Village’s Code Enforcement Officer to request permission for use of the sidewalk. The application will require the name of the owner, current address, phone number of the owner, the proposed use, in detail, and a plan showing the exact location of the proposed use and shall be signed by all owners of the business. The owners of the business shall agree to hold harmless and indemnify the Village from all expenses, claims, damages or other liability arising from the use of the Village sidewalk, and this shall be included in the application.

     H. The business owner must provide to the Village of Fredonia a certificate of commercial general liability insurance and liquor legal liability coverage, with occurrence limits of at least $1,000,000, naming the Village of Fredonia as an additional insured on a primary and noncontributory basis and shall keep such insurance in effect while using Village sidewalks.

     I. The Code Enforcement Officer or Board of Trustees may require any other conditions or terms to be imposed from time to time as he or it determines to be in the interest of public safety.

     J. The permit issued will expire one year after the permit is issued and will be a revocable permit which will be issued by the Village’s Code Enforcement Officer or his designee. Permits issued may be revoked by the Code Enforcement Officer or the Board of Trustees should there be any dangerous condition or hazard created or violation of any of the above conditions or if the Board of Trustees determines, in its sole discretion, that it is in the best interest of the Village to revoke the permit(s).

     K. Said permits shall be subject to any conditions that may be imposed by the New York State Department of Transportation.

     L. The Noise Control Law[4]of the Village of Fredonia, as amended from time to time, shall apply to sidewalk business, in addition to any other applicable local laws and ordinances of the Village of Fredonia.   

  • 240-13. Penalties for offenses.

Any person who violates any provisions of this chapter or who shall fail to comply with any order or directive from the Code Enforcement Officer as provided by this chapter shall be subject to a fine not exceeding $500, which shall be in addition to such other costs or expenses provided by this chapter, or imprisonment not exceeding 15 days, or both. 

  • 240-14. Repealer.

This chapter supersedes any other inconsistent provisions of Article V of the Charter of the Village of Fredonia or other law, ordinance or regulation of the Village of Fredonia regarding sidewalks. 

[1].  Editor’s Note: This local law provided for the redesignation of §§ 240-6 through 240-13 as §§ 240-7 through 240-14, respectively.

[2].  Editor’s Note: Per resolution of 9-14-2009, sidewalk reimbursement shall be $2.50 per each square foot of replaced sidewalk or 50% of the cost of construction of the replaced sidewalk, whichever is less, subject to available money in the Village budget.

[3].  Editor’s Note: Per resolution of 9-14-2009, reimbursement to qualified low-income applicants shall be $5 per each square foot of replaced sidewalk or 50% of the cost of construction of the replaced sidewalk, whichever is less, subject to available money in the Village budget.

[4].  Editor’s Note: See Ch. 201, Noise.