[Added 10-17-1972]
A.
Each owner,
lessor, lessee, tenant, occupant or other person in charge of any
property within the Town shall keep the sidewalk and curb in front
of or abutting the lot, house, or building in good and safe repair
and shall maintain and repair the sidewalk and curb adjoining his
property. Such owner, lessor, lessee, tenant or occupant, and each
of them, shall be liable for any injury or damage to person or property
by reason of the omission, failure or neglect to repair or maintain
such sidewalk and curb in a safe condition.
B.
The Town
Board may, from time to time by resolution, require the repair of
sidewalks and/or curbs along streets, roads, highways and parkways
in the Town of Babylon, as well as the repair of sidewalks and curbs
constructed by the state along state highways in the Town of Babylon,
at the expense of the abutting owners or otherwise upon such notice
and pursuant to the authority or requirements of § 130,
Subdivision 4, and § 200-a of the Town Law of the State
of New York, as amended.
[1]
Editor's Note: This local law also changed the article title
from "Sidewalk Maintenance" to "Sidewalk and Curb Maintenance."
[Amended 9-7-1994 by L.L. No. 26-1994]
No sidewalk, curb or gutter shall be constructed
or permitted to be constructed or repaired along any street, road,
highway or parkway in the Town of Babylon unless such construction
shall be of concrete and conform to the lines and grades furnished
by the Commissioner of the Department of Public Works and in conformity
with all of the specifications and requirements established by rules
and regulations of the Town Board.
All sidewalks, curbs, gutters or driveways constructed
on any privately owned street, highway or parkway of a new development
shall be subject to these regulations and comply in all respects with
the regulations covering streets, the title of which is vested in
the Town. Failure to comply with these regulations shall constitute
sufficient cause for the Town to reject any proffered dedication of
such streets.
No tree shall be planted within the sidewalk
area in front of or adjacent to any private premises except trees
whose root systems normally will not cause damage to sidewalks, curbs
or utility installations. Trees of the following varieties may be
planted: sugar maple (Acer saccharum); tree of heaven (Ailanthus glandulosa);
Northern red oak (Quercus borealis); scarlet oak (Quercus coccinea);
pin oak (Quercus palustris); American linden (Tilia americana); silver
linden (Tilia tomentosa); moraine honey locust (Gleditsia triacanthos);
moraine flowering dogwood (Cornus florida); red flowering dogwood
(Cornus florida rubra); Japanese dogwood (Cornus kousa); goldenrain
(Koel reuteria paniculata); sourwood (Oxydendrum arboreum); Eastern
plane (Platanus orientalis); and flowering ash (Fraxinus ornus).
A.
Whenever the Town Board adopts an order or orders
directing the abutting owners of the respecting lots or parcels of
land in front of which it is desired that sidewalks and/or curbs be
relaid or repaired to construct the same in accordance with this article,
the Town Board shall specify the place, manner and time within which
such repair shall be done, which time shall not be less than 48 hours.
[Amended 11-16-2023 by L.L. No. 23-2023]
B.
The Town Clerk shall publish a notice thereof in a
paper to be designated by the Town Board, at least twice, the first
publication of which shall be at least 15 days before the time specified
before the completion of the work, or he shall serve a copy of such
notice, by registered mall, upon the owner or owners of the land in
front of which it is desired that such repair shall be done, as indicated
by the latest assessment roll of the Town of Babylon.
[Amended 9-7-1994 by L.L. No. 26-1994; 11-16-2023 by L.L. No.
23-2023]
Whenever a notice or notices referred to in § 191-20 hereof has been or have been served upon such owner or owners of the respective lots an parcels of land in front of which it is desired that sidewalks and/or curbs be relaid or repaired and such owner or owners, occupant or occupants shall not cause the repair to be made to the sidewalk and/or curbs as required by the notice, the Commissioner of the Department of Public Works is hereby authorized and directed to cause the repair to be made as required by the notice. The Commissioner of the Department of Public Works is hereby authorized to perform such work or repair with his own forces or cause a contract or contracts to be let therefor and to pay therefor out of the funds to be appropriated by the Town Board for such purposes.
[Amended 11-16-2023 by L.L. No. 23-2023]
Whenever the owner or owners, occupant or occupants
shall relay or repair the sidewalk called for by said notice, he shall
obtain permits therefor. If the location where the repair is to be
made shall be upon a state highway, where the sidewalks and/or curbs
have been constructed by the state, a permit shall also be obtained
from the New York State Department of Transportation in accordance
with the rules and regulations of that Department.
Whenever such repair is made by contract let therefor under the provisions of § 191-21 hereof, the provisions of this article in respect to obtaining permits shall apply to the contractor for such work.
The Town shall be reimbursed for the cost of building, relaying or repairing any sidewalk, when made as provided in § 191-21 hereof by the owner or owners of the respective lots and parcels of land in front of which such repair was made, by assessment upon and collection from the lots or parcels of land termed benefitted by such repair, so much of the actual and completed cost upon and from each such lot or lots as shall be in just proportion to the amount of benefit which the improvements shall confer upon the same and collected in the same manner and at the same time as other ad valorem Town charges.
A.
No person, firm, association or corporation who is
the owner, occupant or lessee of any premises abutting on any street,
road, highway or parkway in the unincorporated area of the Town of
Babylon, Suffolk County, New York shall place, keep, permit or suffer
to be placed or kept on any sidewalk in front of, adjoining or adjacent
to such premises, any goods, wares, merchandise, boxes, barrels, display
signs or material things of any kind or description, or in any manner
obstruct any such sidewalk, or in any manner obstruct or interfere
with the use of any such sidewalk, but nothing contained in this article
shall prevent persons from placing goods, wares, merchandise or household
furniture on the sidewalks temporarily while loading or unloading
the same, provided that it is done without unnecessary delay and provided
that such goods, wares or merchandise are not allowed or permitted
to remain on such sidewalk within the prohibited area for a longer
period than one hour.
B.
For the purpose of this section, the term "sidewalk"
shall include all land lying between the curbline of the public highway
and the building line of the premises abutting thereon which has been
surfaced or improved with concrete or other paving material.
It shall be the duty of every owner, tenant or other occupant of any house or structure and every owner or person entitled to possession of any vacant lot to remove trees, when required by Town authorities, to keep trees in front of or adjacent to their premises and within the sidewalk area trimmed so that overhanging limbs will not interfere with passersby on the sidewalk or roadway and to repair any sidewalk or curb in front of or adjacent to such premises damaged by tree roots located in front of or adjacent to said premises, whether or not within the property line or sidewalk area. The Town Board may, from time to time, by resolution require the removal of any tree or trees within the sidewalk area if underground municipal or public utility facilities are to be installed in the area or if the Town Board finds that such tree or trees create a hazard, whether because of the condition of such tree or trees or because it or they are causing damage to the sidewalk, curb or roadbed or municipal or public utility facilities or for any other reason, and may also, from time to time, by resolution require the trimming of any trees within the sidewalk area or overhanging the same, and the repair of the sidewalks damaged or encumbered by tree roots in the same manner and upon notice as provided for the repair or construction of sidewalks in §§ 191-16 through 191-24 hereof.
