[Adopted 3-4-2019 by L.L.
No. 4-2019[1]]
The Board of Trustees of the Village of Croton-on-Hudson hereby
determines that many sidewalks located within the Village are in need
of significant repair. The Board of Trustees also recognizes that
the repair of sidewalks can be costly and that it imposes a difficult
economic hardship on the homeowner to keep the sidewalks in good repair.
The Board of Trustees has determined that it is in the best interests
of the Village to have properly maintained sidewalks and, therefore,
has decided to assist residents in maintaining the sidewalks to the
extent outlined within this article.
Any owner of real property within the Village whose real property
abuts on any public street may be eligible for the following sidewalk
replacement program hereby established:
A.
If the sidewalk is in need of repair or replacement, the owner of
said property may make application to the Village requesting that
the sidewalk be repaired or replaced. A fee for the filing of said
application may be established by resolution of the Village Board
of Trustees and placed in the fee schedule. Applications will be processed
and acted upon at the sole discretion of the Village.
B.
The Village will pay 40% of the actual cost for the removal and replacement
of sidewalks to residents who apply during the period from June 1,
2019 to May 31, 2022. These costs shall include materials and labor
for the repairs and reconstruction. The prevailing rate established
by the Village will be used in determining the total cost of the improvements.
C.
The Village Engineer or the Superintendent of Public Works shall
determine the nature and extent of sidewalk repairs qualifying for
reimbursement under this program. After review of the application
by the Village Engineer and the determination of repairs qualifying
for reimbursement, the Village Engineer will notify the applicant
in writing of the contribution to be made by the property owner. After
receipt of the property owner's share of the cost of the work, all
repairs and reconstruction will be scheduled and performed by the
Department of Public Works or its designated agent. All work shall
be subject to inspection by the Village Engineer, or his designee,
during construction and must be approved by the Village Engineer once
completed.
D.
The Village encourages pooling of neighborhoods interested in repairing
or replacing their sidewalks. The deadline for pooling shall be March
31 of each year.
E.
The Village will provide funding only to the extent that Village funds for the sidewalk improvement program are available. Such availability shall be determined at the sole discretion of the Board of Trustees. Failure of the Board of Trustees to budget funds for repair of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with Article IV of Chapter 197 of the Croton-on-Hudson Village Code.
F.
After the three-year period of the sidewalk improvement program has elapsed, all property owners who have not applied for participation in the program whose real property abuts on any public street shall be responsible for undertaking all repairs or improvements at their own expense without any Village subsidy in accordance with the provisions of § 197-24 of the Village Code. Further to this, the Village shall carry out its responsibilities in accordance with §§ 197-25, 197-26 and 197-27 of the Village Code.
G.
Any owner who no longer has a physical sidewalk on his or her property,
but can document that such a sidewalk previously existed may also
be eligible to make application under this program based upon the
feasibility of reestablishing such sidewalk at the discretion of the
Village Engineer and Superintendent of Public Works.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §§ 197-15 and 197-24 of the Village Code requiring maintenance, repair and snow and ice removal, the owner or occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly, and shall be liable to the Village to the extent that said Village is required by law or by any court to respond in damages to any injured party.
