Village of Chatham, NY
Columbia County
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[HISTORY: Adopted by the Board of Trustees of the Village of Chatham: Art I, 12-13-1973 by L.L. No. 3-1973; Art II, 9-8-1977 by L.L. No. 2-1977. Section 90-5 added and § 90-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 83.
Vehicles and traffic — See Ch. 99.
[Adopted 12-13-1973 by L.L. No. 3-1973]
A. 
The Board of Trustees is hereby authorized and empowered to construct and repair crosswalks upon the streets within the village.
B. 
It is also authorized and empowered to construct and repair sidewalks, curbs and gutters upon such a street, wholly at the expense of the village or of the owner or occupants of the adjoining land or partly at the expense of each, and may prescribe the manner of doing such work and the kind of materials to be used therein. If a sidewalk, curb or gutter is so required to be constructed or repaired wholly at the expense of the owners or occupants of the adjoining lands, a notice specifying the place and manner and the time, not less than 10 days in the case of a new walk or not less than 24 hours in the case of repairs, within which the sidewalk, curb or gutter is required to be constructed or repaired shall be served upon such owners or occupants. If an owner or occupant shall not construct or repair the sidewalk, curb or gutter as required by the notice, the Board of Trustees may cause the same to be so constructed or repaired and assess the expense thereof upon the adjoining land. If a sidewalk, curb or gutter is to be constructed or repaired at the joint expense of the village and the owner or occupant, the Board of Trustees may cause the same to be constructed or repaired and assess upon the adjoining land the proportion of the expense chargeable against the same. All grading done on sidewalks, curbs or gutters laid or repaired by the owners of adjoining land shall be in accordance with the specifications and under the direction and supervision of the Board of Trustees. Assessments shall be made and collected and taxes levied as provided by statute. The Board of Trustees may issue bonds of the village to defray the expense of any such work or improvement.
The notice herein referred to shall be sufficient if given to the person, or one of them, whose name appears as owner of the adjacent property on the last completed assessment roll of the village. Said notice may be given either personally or by certified or registered mail, return receipt requested. If notice by mail is undeliverable, then said notice shall be sufficient if published one time in the official publication of the village; in the event of publication, notice shall be complete two days thereafter.
[Adopted 9-8-1977 by L.L. No. 2-1977]
No civil action shall be maintained against the village of Chatham or against any improvement district in the village for damages or injuries to persons or property (including those arising from the operation of snowmobiles) sustained by reason of any highway, bridge, culvert, highway marking, sign or device or any other property owned, operated or maintained by the village or any property owned, operated or maintained by any improvement district therein 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, highway marking, sign or device or any other property owned, operated or maintained by the village or any property owned, operated or maintained by any improvement district was actually given to the Village Clerk and there was thereafter a failure or neglect within a reasonable time to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the village unless written notice thereof, specifying the particular place, was actually given to the Village Clerk 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.
No civil action will be maintained against the village for damages or injuries to persons or property sustained by reason of any defect in the sidewalks of the village or in consequence of the existence of snow or ice upon any of its sidewalks unless such sidewalks have been constructed or are maintained by the village pursuant to statute, nor shall any action be maintained for damages or injuries to persons or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Village Clerk and there was a failure or neglect to cause such defect to be remedied, 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.
[Added 5-11-1989 by L.L. No. 2-1989; amended 1-22-2004 by L.L. No. 1-2004]
A. 
It is the joint and several obligation of the owner and occupant of every parcel of real estate adjoining a public sidewalk in the Village of Chatham, whether the parcel of real estate is occupied by a structure or not, to keep such sidewalk free from snow and ice for the full paved length and width of such sidewalk.
B. 
Time limit. Snow and ice shall be removed within 24 hours after the end of a snowfall or after the snow has been deposited on such sidewalk.
C. 
Severe icing. In the case that snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, the owner and occupant of the real property shall spread sand, salt, sawdust, or other suitable material on the sidewalk within the time period specified under Subsection B above. As soon as is practical thereafter, the sidewalk shall be completely cleared of such snow and ice.
D. 
Removal by Village. If the owner or occupant of real estate adjoining a public sidewalk fails to remove the snow and ice or sand or salt the same as required under Subsections B and C above, the Village shall have the snow and ice removed or the sidewalk sanded and salted at the expense of the owner of the real estate adjoining such sidewalk. Such work may be performed by an independent contractor, and the cost of the labor, equipment and materials, and an administrative fee in an amount as set forth from time to time by resolution of the Board of Trustees, will be charged to the real estate owner, which costs, charges, and fees shall be charged for each occurrence.
E. 
Collection of costs by Village. The Village Clerk shall promptly mail to the owner or occupant of such parcel of real estate a bill for the snow, ice, and related removal costs and fees. If such bill is not paid within 30 days of its mailing, the same shall become a lien upon the real estate adjoining the public sidewalk and shall be relevied on the next Village real property tax bill.
The Village Clerk shall keep an indexed record of all written notices he shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any village street, highway, bridge, culvert, sidewalk, crosswalk or any other property owned by the village or by any improvement district therein, which record shall state the date of receipt of the notice, the nature and location of the conditions stated to exist and the name and address of the person from whom the notice is received. He shall at the Board meeting next following receipt of such written notice by him or within 10 days, whichever is sooner, cause said written notice to be brought to the attention of the Board of Trustees. The record of each notice shall be preserved for a period of five years after the date it is received.
[Amended 5-11-1989 by L.L. No. 2-1989]
Nothing contained in this Article shall be held to repeal or modify or waive any existing law, requirement or statute of limitation, but, on the contrary, the requirements of this Article shall be held to be additional requirements to the right to maintain such action; nor shall anything contained in this Article be held to impose upon the village, its officers and employees and/or any of its improvement districts any greater duty or obligation than to keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.