[Adopted 6-14-1949 by Ord. No. XXXIII]
[Added 8-19-1955; amended 12-4-1963]
Wherever on streets in areas zoned residential
in the Incorporated Village of Manorhaven more than 25% of the frontage
on such streets between intersecting streets have sidewalks installed,
then it shall be the obligation of the owners of real property to
install sidewalks in front of their respective properties. In areas
zoned for business or industrial use, sidewalks or curbs shall be
installed at the direction of a resolution enacted by the Board of
Trustees of the Incorporated Village of Manorhaven. Installations
in all areas shall be done under the supervision of the Building Superintendent
of the Incorporated Village of Manorhaven and according to specifications
as adopted by the village, and in the event any property owner shall
fail or refuse to make such installation, then the village may make
such installation and charge the cost thereof against the property
to be shown on the next succeeding tax bill.
[Amended 4-27-2005 by L.L. No. 3-2005]
Every person, firm, association or corporation
which owns real property in the Incorporated Village of Manorhaven
shall maintain and repair existing sidewalks, curbs and gutters abutting
their real property in such a reasonably safe condition as not to
present a hazard to users thereof, and, in addition thereto, shall
keep the sidewalk free and clear of snow, ice, filth, dirt, weeds
and other obstructions and encumbrances. Any breach of such responsibility
and duty shall cause the person, firm, association or corporation
which owns the adjoining property to be responsible to those who are
injured thereby.
A.
The Board of Trustees may from time to time require
any sidewalk, curb or gutter to be repaired wholly at the expense
of the owners or the occupants of the adjoining lands, and a written
notice shall be served upon such owner or occupant specifying the
place and manner and the time, not less than 48 hours, within which
the sidewalk, curb or gutter is required to be repaired.
B.
A copy of such notice may be served either personally
or by registered mail upon the owner or owners or occupant or occupants
of the land in front of which it is desired that such repair is to
be made.
C.
If an owner or occupant shall not repair the sidewalk,
curb or gutter as required by the notice, the Board of Trustees may
cause same to be so repaired and assess the expenses thereof upon
the adjoining land.
D.
All repairs done on such walks, curbs or gutters shall
be in accordance with the specifications and under the direction and
supervision of the Board of Trustees.
[Added 10-20-1965; amended 10-26-1988 by L.L. No. 7-1988]
It shall be unlawful to install, repair or construct
sidewalks without having secured a permit therefor. Application for
such permit shall be made to the Building Inspector, and said application
must show or be accompanied by:
[Amended 2-8-1961]
A.
Every owner of property (vacant lot, building, home,
etc.) in the Incorporated Village of Manorhaven shall keep the sidewalk
in front of such property free from snow, ice and icy conditions.
In default thereof, the village may, after notice, remove the snow,
ice and icy conditions and assess the expense of removing said snow,
ice or icy conditions against the property adjacent to the sidewalk.
B.
No action shall be taken by the village until 24 hours
after the cessation of snowfall. The path cleared shall be a minimum
of three feet in width.
[Amended 8-22-1973]
No person, firm, association or corporation
who is the owner, occupant or lessee of any premises abutting on any
street, road or highway in the Village of Manorhaven shall place,
keep, permit or suffer to be placed or kept on any sidewalk or village
right-of-way 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 village right-of-way, or in any manner obstruct or interfere
with the use of any such sidewalk or village right-of-way, but nothing
contained in this article shall prevent persons from placing goods,
wares, merchandise or household furniture on the sidewalk or village
right-of-way temporarily while loading or unloading the same, provided
that such goods, wares or merchandise are not allowed or permitted
to remain on such sidewalk or village right-of-way within the prohibited
area for a longer period than one hour.
[Added 9-11-1951]
Every owner of land shall cut, trim and remove
all brush, grass, rubbish, weeds, litter or other similar noxious,
unsightly or objectionable materials therefrom at his own expense.
In default thereof, the village may do so and assess the expense thereof
upon the land whereon the same are found. Fifteen days' notice to
such effect shall be given by the Village Clerk, by mail, to each
landowner, addressed to his last known address, and no action shall
be taken by the village hereunder as against such owner until the
expiration of at least 15 days after the mailing thereof.
[Added 2-8-1961]
A.
Sidewalks.
(1)
All sidewalks, unless otherwise designated, shall
be four feet in width.
(2)
The foundation shall be free of debris and shall be
leveled and tamped.
(3)
The sidewalk shall be constructed with one four-inch
course consisting of four parts washed gravel, two parts screened
sand and one part portland cement or its equivalent of standard grade
and quality.
(4)
Sidewalks are to have a slope of 1/4 inch to the foot
toward the curb. A one-fourth-inch sand joint shall be cut through
the entire depth of the concrete at least every 12 feet. The inside
and outside edges of the walk are to be neatly rounded and trimmed.
B.
Curbs.
(1)
General specifications.
(a)
The height shall be six inches, measured from
the outside top edge of existing gutter.
(b)
The depth shall be 12 inches, measured from
the outside top edge of existing gutter.
(c)
The width shall be six inches.
(d)
All curbs hereinafter constructed shall be of
concrete or Belgian block and conform to the specifications hereinbefore
enacted. All curb cuts hereinafter constructed shall not be more than
15 feet in length and have a two-inch rise above the street level.
[Amended 6-28-1961]
(e)
Curb cuts shall not be more than two in number
for each buildable plot and shall not exceed an aggregate amount of
16 feet. However, no single curb cut shall be less than eight feet.
[Added 2-27-1974]
(2)
Concrete. The specifications governing sidewalk construction in Subsection A(3) above shall also apply to curbs. Corners are to be neatly rounded and trimmed. A three-fourths-inch expansion joint shall be cut through the entire curb at least every 20 feet.
(3)
Belgian block. The footing shall be at least six inches and the specifications governing sidewalk construction in Subsection A(3) above shall apply. There shall be constructed on the back side a concrete backing at least equal to the width of and rising to at least three inches from the top of the block.
C.
Aprons, ramps or driveway approaches.
(1)
Concrete. The specifications governing sidewalk construction in Subsection A(3) above shall also apply to aprons, ramps and driveway approaches. The outside edges shall be neatly rounded and trimmed.
(2)
Bituminous concrete. There shall be a base of two
inches, after compaction, of three-fourths-inch stone, and an application
of bituminous concrete not less than one inch thick, compacted.
[Added 9-22-1959]
A.
Wherever on any street in the Village of Manorhaven
a new road or major resurfacing is to be done that requires curbs
for the proper installation of the road, then the Village Board of
Trustees shall contract for the installation of the curbs under the
terms and conditions as provided for by the Village Law of the State
of New York.
B.
Where the curbs to be installed are to replace existing
curbs, then the cost of replacing shall be borne by the village, but
in those cases where the curbs to be installed are not to replace
existing curbs, then the cost of such installation shall be a charge
to the owner of the real property abutting the curbs. Such charge
shall be paid within 60 days after the completion of the curb installation,
and if not so paid, the cost shall be a lien against the real property,
to be shown on the next succeeding tax bill.
[Added 5-26-1960]
A.
No curbs shall be installed or constructed anywhere
in the Incorporated Village of Manorhaven until a permit therefor
shall have been issued by the Building Inspector of the Incorporated
Village of Manorhaven.
B.
The application for a permit to install curbs will
be supplied by the Village Clerk and must show that the permanent
grade of the street has been established and that the curb to be installed
complies with the specifications adopted by the Board of Trustees
of the Incorporated Village of Manorhaven.
C.
Curb cuts shall not be installed within a distance
less than one foot from the property line.
[Added 6-17-1964]
[Added 2-13-1951; amended 2-10-1954; 7-21-1960; 6-22-1966; 11-9-1966; 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997; 3-23-2017 by L.L. No. 6-2017]
A.
Any person, association, firm or corporation which violates or assists in the violation of any provision of this article other than § 132-9 (Snow and ice removal) shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.
