[HISTORY: Adopted by the Town Board of the Town of Victor as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-1977 as L.L. No. 1-1977]
[Amended 1-22-1996 by L.L. No. 1-1996]
No civil action shall be maintained against the Town or the Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or sidewalk being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or sidewalk was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect, within a reasonable time after the giving of such notice, to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or sidewalk, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within five (5) days after the receipt thereof, all written notices received by him pursuant to this Article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this Article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five (5) days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
This Article shall supersede, in its application to the Town of Victor, Subdivisions 1 and 3 of § 65-a of the Town Law.
[Added 1-22-1996 by L.L. No. 1-1996]
The Town Clerk shall keep an indexed record of all written notices received, to be preserved for five (5) years, pursuant to Subdivision 4 of § 65-a of the Town Law.
[Amended 1-22-1996 by L.L. No. 1-1996; 8-22-2022 by L.L. No. 3-2022]
The Town is responsible for maintaining safe and adequate sidewalks for pedestrian use by regulating the manner of construction, reconstruction, repair and maintenance of sidewalks and the materials to be used and the grades and widths thereof. Every owner of any real property shall keep the sidewalks their full width in front of or by the side of such house or other building and the lot or vacant lot free from ice, snow, dirt, rubbish or other obstruction. No vehicle shall be permitted to be parked in such a manner as to block or interfere with the use of any sidewalk within the Town.
[Added 8-22-2022 by L.L. No. 3-2022]
The provisions of this article may be enforced by any officer of the Town of Victor appointed to carry out such duties by the Victor Town Board.
A. 
Commencement of proceedings. Any owner of real property which is found to be in violation of this article may be issued an appearance ticket for such violation and shall be prosecuted in the manner herein provided.
B. 
Appearance tickets and process. Any person authorized to enforce this article may issue appearance tickets therefor and is hereby authorized to serve any process relating to any proceeding pursuant to this article. In the event that an appearance ticket is unanswered, the Justice Court shall permit the filing of information from the appropriate enforcement officer and issue a warrant of arrest for the alleged violator.
C. 
Prosecution of violations. A violation of this article shall be punishable by a fine of not more than $25, except that for a second violation of this article the fine shall be not more than $50 and for a third or subsequent violation of this article the fine shall be not more than $100. Each day during which a property shall be found not in compliance with the posting standards set forth herein shall be deemed a separate and distinct violation of this article.