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Walking is one of the best forms of exercise, but it can be hazardous to one's health if sidewalks are in poor shape. Over the years, sidewalks require maintenance to keep them safe, but the costs can be prohibitive. Moreover, deciding the responsibility for sidewalk maintenance can become a heated topic. We offer free sample legislation from municipalities that have come up with ways to share the costs between the municipality and the abutting property owner. If your municipality is interested in trying a new approach to an old problem and would like to review legislation on this subject, read on.

Unadilla, V., NY

§ 134-37. Purpose.

The purpose and goal of this Article shall be to provide good, safe and decent-looking sidewalks wherever it is appropriate to have sidewalks throughout the Village of Unadilla; to set the standards by which sidewalks shall be judged as acceptable; to require replacement of unacceptable sidewalks by property owners; and to provide an inexpensive way for property owners to obtain new sidewalks.

§ 134-38. Determination; standards.

1. Any area within the Village of Unadilla in which individuals may walk or travel on a regular basis or which falls between areas of current sidewalks or which is necessary to provide a continuous sidewalk and to prevent an individual from walking into the street shall be determined as being an area appropriate for having a sidewalk.

2. All sidewalks within the Village of Unadilla shall be even, with no dangerous or hazardous cracks, broken areas, protruding tree roots or other projections jutting into the pathway which may create a potential hazard by causing an individual to trip, fall or otherwise be injured.

3. Sidewalks within the Village of Unadilla may be made of concrete, slate or any other material which meets the standards required in Subsection B.

4. Residential area sidewalks shall be a minimum of four (4) feet wide by four (4) inches thick. Commercial area sidewalks shall be a minimum of five (5) feet wide by four (4) inches thick.

§ 134-39. Review; replacement procedure.

Sidewalks are to be reviewed annually and areas identified for replacement. The property owner shall be provided notification of deficiency to acceptable standards and given one (1) year to bring the sidewalk up to minimum standards by:

1. Bringing the current sidewalk up to acceptable standard;

2. Having the sidewalk replaced by his own means or methods; or

3. Granting permission to the village to proceed with sidewalk replacement on the village cost basis plan.

§ 134-40. Failure to bring sidewalk to standards; costs to become lien.

If the property owner fails to bring the identified sidewalk up to minimum standard within one (1) year, the village shall proceed with the replacement of the sidewalk and the property owner shall be billed for the costs. The property owner shall have thirty (30) days in which to pay the bill. If payment is not received by the Village Clerk's office within thirty (30) days, interest shall accrue as determined by the Board of Trustees through October 30. The rate of interest shall be determined by the Board of Trustees annually during the sidewalk review process. On November 1, the outstanding costs not paid, plus interest accrued, shall be levied against the property.

§ 134-41. Cost only plan.

A low cost plan whereby the village maintenance crew will perform the actual work and the property owner will be billed on a cost only basis is as follows:

1. Work up to ten (10) feet on either side of the sidewalk may be done by the village at the discretion of the Superintendent of Public Works. Under no circumstances shall the village perform work at a greater distance than ten (10) feet on either side of the sidewalk. Only concrete sidewalks shall be installed by the Village of Unadilla maintenance crew. Except in very special cases, the work shall involve complete sidewalk replacement across the property. No stone work or other materials work will be done by the village maintenance crew.

2. Costs are to be determined by the Superintendent of Public Works and provided to the property owner. Costs per running foot are to be determined based upon current year costs. Payment shall be received from the property owner prior to work commencement. Special size or circumstance requests must be in writing and directed to the Superintendent of Public Works.

Spencer, V., NY

§ 127-8. Duty to keep sidewalks clean.

All persons owning or occupying or having charge of any properties in the Village of Spencer shall keep the same, and any and all sidewalks adjacent to such premises, thoroughly clean from all dirt, filth, snow, ice and all unsanitary matter.

§ 127-9. Maintenance and construction.

1. Maintenance; notice to perform work. The owner or occupant of every building or lot, and the owner or occupant of every vacant lot within the limits of the Village of Spencer, shall keep the sidewalks in front of such premises in good and sufficient repair for the general use of the public. The Village Board, by a written or printed notice, may require the owner, occupant or agent of any premises to construct or repair any sidewalk adjacent to said premises. Construction of sidewalks shall be in accordance with the terms and specifications established by the Village Board.

2. Performance of work by village; assessment of costs. If the owner, occupant or agent shall fail to construct or repair the sidewalk within the time provided in said notice, the Village Board shall cause the sidewalk to be constructed or repaired, and such costs may be imposed and collected against the property affected in the same manner as provided by the law for the collection of delinquent village taxes.

3. Construction requirements for new or replacement sidewalks are as provided in Article III, Public Sidewalk Specifications, of this chapter.

§ 127-10. Sidewalk improvement program.

Any owner of real property situate in the Village of Spencer, New York, whose real property abuts on any public street may be eligible for the following sidewalk replacement program hereby established:

1. If the sidewalk is in need of repair or replacement, the owner of said real property may make application, whether said application is voluntary or as the result of an order of the Board of Trustees for the Village of Spencer, at village cost, to remove the existing sidewalk by making a written application to the village asking for said removal of the sidewalk and, in addition, indemnifying the village from any claim, demand or cause of action arising out of or relating to the removal of said sidewalk. A fee for the filing of said application may be established by the Village Board of Trustees. The application will be processed and acted upon in the chronological order in which it is received, and the village will perform these services only to the extent that the village personnel, equipment, moneys and assets are available, and such availability will be at the sole discretion of the Village Board of the Village of Spencer. During the removal and hauling away of said sidewalks, the village will maintain the subject area, but once the village has performed this service it will be the responsibility of the owner to maintain the area in a safe manner until the completion of the installation of the new sidewalk. The village will not remove or haul away sidewalks until the owner has agreed to replace them with new concrete sidewalks in accordance with the other requirements of this chapter, which agreement must be to replace within a reasonable time, not to exceed fourteen (14) days from the completion of the village services.

2. The village will pay fifty percent (50%) of the cost of materials of the new sidewalk, provided that said owner of said real property submits to the village three (3) written estimates submitted by recognized and approved contractors and that each such expenditure on behalf of the village must be approved by the Board of Trustees, and there must be funds actually available and budgeted for said purposes, and whether or not funds are budgeted for this program shall be at the sole and absolute discretion of the Village Board of Trustees as it shall from time to time decide. The Village Board encourages pooling of all parties interested in repairing or replacing their sidewalks. The deadline date for pooling is March 31 of each year. Bids for the pool will let immediately following with a deadline of May 1.

3. Failure of the Village Board of Trustees to budget funds for repair of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with any order issued by the Village Board of the Village of Spencer. The village will not be responsible for any grading, preparation of site nor construction for the new sidewalk. Provision of this subsection will be applicable only for sidewalk installations that will be done between May 1 and October 1.

4. Said sidewalks so installed shall be subject to inspection and approval by the Village of Spencer, New York, through its designated agents, and, until so approved, the owner shall not have fulfilled his duties under the terms of this Article, and the village shall not make payment as above recited.

5. Within five (5) days of the installation of said sidewalk, the owner shall notify the Village of Spencer, New York, of the same and request at said time the inspection and approval of said sidewalk.

6. The owner of any public sidewalk within the Village of Spencer shall keep the same in good repair, and, if he fails to do so, the Village Clerk shall notify said owner in writing by mail addressed to his address as shown by the village assessment rolls demanding that said owner shall cause the sidewalk to be repaired to conform to the requirements of this chapter within thirty (30) days of the receipt of the notice. Upon the failure of said owner to repair such sidewalk within said period of time, the Village of Spencer, New York, may then repair said sidewalk at the owner's expense, and the Village Clerk shall bill said owner by mail for the reasonable expenditures incurred by said village in making said installation.

7. Not later than the 14th day of January of each year, the Clerk shall submit to the Board of Trustees of said village a report showing the names of any owners who have failed to pay any bill rendered to said owners pursuant to Subsection F hereinbefore during the last twelve (12) months, together with the amount of said unpaid bills, and the Board of Trustees, upon receiving said report, shall direct that said unpaid amounts be assessed against the real property of said owner which abuts the public streets, as of the following June 1, and shall become a lien against said real property at said time and shall be collected along with the current village taxes.

§ 127-11. Obstructions.

No person shall obstruct, or cause or permit to be obstructed, any sidewalk or crosswalk in the village, by placing thereon any boxes, barrels, goods, wares, merchandise or other obstruction of any kind or nature or suspending any sign, goods, wares or merchandise across or over any walk within eight (8) feet of the same except temporarily when loading or unloading a vehicle.

§ 127-12. Building materials on streets and sidewalks; enclosed passageways.

No person shall place or cause to be placed in or upon any public street, lane, alley or sidewalk any stone, brick, plank, timber, lumber or other building material, without the written permission of the Board of Trustees; provided, however, that such permission shall not be for a period longer than three (3) months, nor shall such permission authorize the obstruction of any sidewalk or crosswalk unless an enclosed passageway is constructed and subject to such other terms and conditions as the Board of Trustees may establish to safeguard the public and to minimize the interference of the public in the use of such street or other passageway.

Potsdam, V., NY

§ 145-5.1. Sidewalks to be kept in repair; new sidewalks. [Added 6-4-1990 by L.L. No. 4-1990]

1. The owner or occupant of every building or lot and the owner or occupant of every vacant lot within the limits of this municipality shall keep the sidewalks in front of such premises in good and sufficient repair for the general use of the public. The Superintendent of Public Works or a person acting in that capacity may, by a written or printed notice, require the owner, occupant or agent of any premises to repair any sidewalk adjacent to said premises. The cost of such repairs shall be shared by the owner and the village at the rate of fifty percent (50%) by the owner and fifty percent (50%) by the village, based on the unit price as determined by the village and set each year by resolution of the Village Board, except for tax-exempt entities, who will pay the full cost of such repairs.

2. The owner has the option of making the repairs, hiring a contractor to make the repairs or having the Village Department of Public Works personnel make the repairs. In all cases, the repairs shall be made in accordance with Chapter A185, Sidewalk Specifications, of the Code of the Village of Potsdam, adopted pursuant to Local Law No. 4-1986. The village shall share the verified expense, as shown by a contractor's required bill or voucher or signed bill for materials; provided, however, that the village shall, in no event, pay any amount greater than fifty percent (50%) of the rate set by the village, as described in Subsection A above, except for tax-exempt entities, who shall pay the full cost of such repairs. If the owner, occupant or agent shall fail to repair the sidewalk within the time provided in said notice, the Superintendent of Public Works or a person acting in that capacity shall cause the sidewalks to be repaired, and the owner shall pay fifty percent (50%) of the expenses incurred for said repairs, except for tax-exempt entities, who shall pay the full cost of such repairs.

3. Construction of new sidewalks. [Added 8-20-1990 by L.L. No. 8-1990; amended 7-15-1991 by L.L. No. 4-1991; 9-16-1991 by L.L. No. 6-1991]

1. When the village deems that, in the interests of the general public, new sidewalks must be constructed, the Superintendent of Public Works or a person acting in that capacity, by written or printed notice, shall require the owner of any building, occupied lot or vacant lot within the limits of this municipality to construct said sidewalk in accordance with Chapter A185, Sidewalk Specifications, of the Village Code, adopted pursuant to Local Law No. 4-1986.

2. The cost of such construction shall be shared by the owner and the village at the rate of fifty percent (50%) by the owner and fifty percent (50%) by the village, based on the unit price as determined by the village and set each year by resolution of the Village Board, except for tax-exempt entities, who will pay the full cost of such construction.

3. The owner has the option of doing the work, hiring a contractor or having the Village Department of Public Works personnel perform the work. The village shall share the verified expense; provided, however, that the village shall, in no event, pay any amount greater than fifty percent (50%) of the rate set by the village, except for tax-exempt entities, who will pay the full cost of such construction.

4. If the owner or agent shall fail to construct such sidewalk within the time provided in the official notice, the Superintendent of Public Works or a person acting in that capacity shall cause the sidewalk to be constructed, and the owner shall pay fifty percent (50%) of the expenses incurred, except for tax-exempt entities, who shall pay the full cost of such construction.

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