Local Law #1 of 1997

REGULATION OF THE CONSTRUCTION, MAINTENANCE, AND REPAIR OF SIDEWALKS

SECTION 1: PURPOSE

The purpose of this Local Law is to provide for construction, maintenance, and repair of sidewalks in the Village of Candor, to assign responsibility for snow/ice/hazard removal, liability for personal injury and/or property damage relative to sidewalks and to provide for enforcement and penalties. The authority for this Local Law is Municipal Home Rule Law 10, Village Law Article 6 and Highway Law 46.

SECTION 2: ESTABLISHMENT AND MAINTENANCE OF SIDEWALKS

Every person, firm, association and corporation owning property adjoining any public street or streets within the corporate limits of the Village of Candor shall make and maintain at the expense of the owner of said property a sidewalk along the entire frontage of said street or streets where sidewalks have heretofore been maintained. Further, the owner of any premises shall keep the sidewalk(s) adjacent to said owner's property in good repair in the interest of public passage and safety, and shall be responsible for all necessary preventative and corrective measures to accomplish said result. Approval from the Board of Trustees must be secured prior to the establishment of any new sidewalk.

SECTION 3: IMPROVEMENT OF SIDEWALKS

All sidewalks hereafter to be constructed in the Village of Candor shall be of concrete construction four feet in width and not less than five inches in thickness, unless a variance is approved by the Board of Trustees. The proportions for the concrete shall be one part cement, two parts sand, and four parts aggregate to be composed of pebbles or crushed stone. Such sidewalks shall be of one course construction with provisions for expansion and contraction, and shall be built on a grade established by the Street Comissioner or other such Code Enforcement Officer as may be designated by said Street Comissioner.

SECTION 4: REPAIRS

If any owner of any premises situated in the Village of Candor shall fail to construct or repair a sidewalk or sidewalks upon an adjoining street or streets in the Village of Candor, after receiving notice of not less than ten (10) days, in the case of a new walk, or twenty-four (24) hours in the case of a repair within which the sidewalk is required to be constructed or repaired, such construction or repair may be accomplished by the Department of Public Works of the Village of Candor and the expense thereof will be assessed upon the adjoining lands and collected with the taxes next to be assessed against such premises.

SECTION 5: REMOVAL OF SNOW/ICE/OTHER HAZARD

It shall be the responsibility of the owner, or in the case of a leased or rented property the occupant thereof, to promptly remove accumulations of snow and/or ice removal or other hazards to passage from sidewalks adjoining his/her property. In the event that the snow/ice/other hazards are not removed in a timely manner, after notice from the Department of Public Works or other Code Enforcement Officer, the Department of Public Works of the Village of Candor may be instructed to remove such snow/ice/other hazard with the expense of said removal to be charged against the owner of the property. If such charges are not paid to the Village Clerk within thirty (30) days, such expenses will be assessed against the adjoining lands and collected with the taxes next to be assessed against such premises.

SECTION 6: DISCRETIONARY ACTION

The Board of Trustees of the Village of Candor, in the interest of the public good, may, at its discretion, elect to establish, repair or replace sections of sidewalk at Village expense. Such establishment, repair or replacement does not relieve the individual property owner of any obligation contained in Sections 2 through 5 of this Local Law. Whether or not notified by the Village of such failure to comply, said owner and/or occupant shall be liable to the Village of Candor to the extent that said Village is required by law or any Court to respond in damages to any injured party.

SECTION 7: LIABILITY FOR INJURY OR PROPERTY DAMAGE

In the event that personal injury or property damage shall result from the failure of any owner, or in the case of any leased or rented property any occupant, to comply with the provisions of Sections 2 through 5 of this Local Law. Whether or not notified by the Village of such failure to comply, said owner and/or occupant shall be liable to the Village od Candor to the extent that said Village is required by law or by any Court to respond in damages to any injured party.

SECTION 8: PENALTIES FOR OFFENSES

Any person, firm, or association or corporation which shall be duly notified of violation of this Local Law shall, upon conviction thereof, be subject to a fine of not more than $100.00 for each offense. Each day that a violation continues shall be considered a sepaprate offense. Such fine shall be in addition to other expenses recoverable and assessable under the provisions of Sections 4 and 5 of this Local Law.

SECTION 9: SEVERABILITY

Should any section, paragraph, sentence, clause or phrase of this Local Law be declared unconstitutional or invalid for any reason, the remainder of said Local Law shall not be affected thereby.

SECTION 10: REPEALER

All previously enacted Local Laws or ordinances in conflict with the provisions of this Local Law are hereby repealed. This Local Law replaces Article X of the Code of Village Ordinances of the Village of Candor, dated May 1, 1947, in its entirety.

SECTION 11: EFFECTIVE DATE

This Local Law shall take effect on filing with the Secretary of State as provided by law.

CERTIFICATE

STATE OF NEW YORK:
VILLAGE OF CANDOR: SS
VILLAGE CLERK'S OFFICE:

I hereby certify that the local law annexed hereto, designated as Local Law No. 1 of 1997 of the Village of Candor, was duly passed by the Village Board on October 7, 1997, and was approved by the Mayor and was deemed duly adopted on October 7, 1997, in accordance with the applicable provisions of law.

I further certify that I have compared the preceding Local Law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original Local Law, and was finally adopted in the manner indicated in paragraph 2, above.

(Original Signed by Viki Millage-Brouty, Village Clerk)

Dated: October 22, 1997

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