§ 161-4 It shall be the duty of every owner or occupant of any premises fronting on any public street or grounds to keep the sidewalk in front of the same in good order and repair.
Under this section, the condition of sidewalks shall be determined by the following criteria:
- "Hazardous sidewalk" shall be defined as that in which there is a difference in elevation of one-and-one-half inch between a joint or a crack, in the slab or between the slabs, or that a portion of the sidewalk is so badly pitted, broken or deteriorated as to present a tripping hazard.
- "Vertically misaligned slabs" shall be defined as a difference greater than one-and-one-half inch in elevation of adjacent sidewalk slabs.
- "Pitted slabs" shall be defined as loose or pitted concrete which has resulted in surface irregularities greater than one-half inch in depth relative to the sidewalk surface over more than 25% of the sidewalk slab.
- "Cracked slabs" shall be defined as sidewalk slabs with cracks which have resulted in a difference of elevation of one half inch or greater, or more than one crack in a slab, or longitudinal cracks of one-half inch or wider.
- "Settled walk" shall be defined as a sidewalk that has settlement of one-and-one-half inch or more over a ten-foot span. The depth of settlement will be determined by measuring parallel to the street on adjacent unsettled walk to the lowest point of the settled walk. Settled walk will not be considered as hazardous if there is proper drainage of the settled area.
- "Heaved walk at trees" shall be defined as walk slabs heaved one-and-one-half inch or more by tree roots. Walks will be removed, roots cut, and removed walk slabs replaced. Walk slabs will be arched around larger trees as needed to protect the tree.
- If either in response to a complaint or upon routine inspection by the Town/Village, a problem area of walk has been identified, the property owner will be notified and the complaint will be documented as per the requirements of this section.
- A representative of the Town/Village will inspect the area, photograph the walk(s) in question, and prepare a written report that shall include the photograph, a description of the problem, and the appropriate remedy for that problem.
- The owner of the property shall receive said report by certified mail or personal service. The property owner will be given a copy of the code, an explanation of the timelines for repair or replacement, and a description of the consequences for failing to comply.
- The property owner will be issued a permit for the repairs.
- The property owner shall have thirty days from the receipt of the Town/Village's written report to make the cited repairs.
- Compliance within the timelines for repair or replacement will be noted and documented by the Town/Village. Failure to comply within the timelines will result in the Town/Village making the necessary repairs or replacement. In such cases the property owner will be billed for the actual cost of replacement, and the Town/Village will provide documentation of that cost.
- All handicap accessible corner slabs shall be the responsibility of the Town/Village.
- Sidewalks and corner slabs on side lots shall be the responsibility of the Town/Village.
- Sidewalks damaged by Town/Village employees in the course of their employment or by Town/Village trees as described above shall be repaired or replaced by the Town/Village.