Southtowns Record

Town Board Regular Meeting Agenda, Feb 9, 2026 — Agenda

Government
Town of Hamburg
Board
Town Board
Meeting
Feb 9, 2026
Kind
Agenda
Topics
Budget and taxes, Parks and recreation, Roads and traffic, Zoning and land use, Public safety, Water, sewer and drainage

Original document

Same meeting

Text · page 16 of 40

Read the whole document on one page (all 40 pages, each with its own heading)

Town of Hamburg, NY

  § 227-8. Unsafe sidewalks; notice to repair; appeals.
  A.  Sidewalks shall be considered to be unsafe after notice, as required in Article I of this chapter,
  is received and if, by determination of the Town Engineer, they are so broken, cracked, lifted,
  spalled or scaled or otherwise deficient to cause a clear and present danger to pedestrians.
  Upon such determination, the owner of the property where such sidewalk is located will be
  notified, in writing by standard form, of the need to repair or replace the sidewalk in question.
  Such notice shall specify the sidewalk or portions thereof which require repair or replacement
  and contain a brief summary of the reasons therefor. Such notice shall be served upon such
  owner by personal service or by certified mail, return receipt requested, addressed to the last
  known address as shown on the latest completed assessment roll of the Town of Hamburg. If
  delivery of the certified mail is returned or unclaimed, then service shall be made by regular
  mail and shall be deemed complete five days after the date of mailing. The cost of such repair
  or replacement will be borne by the property owner.
  B.  Upon delivery of the written notice, the property owner shall make every attempt to correct
  the deficiency noted within a reasonable time after delivery of the notice; in no event shall
  more than 90 days elapse between the delivery of the written notice and correction of the
  deficient or unsafe sidewalk. If the notice of deficiency is issued between November 1st and
  April 1st, then the date when the 90-day period commences is on April 1st. Prior to the
  expiration of the 90-day period, an applicant can request in writing to the Engineering
  Department that the 90-day period be extended. The period of time for said extension shall
  be under the discretion of the Engineering Department.
  C.  If, within said 90-day period or extension period as granted by the Engineering Department,
  the sidewalks required to be repaired shall not have been repaired, then the Town Board may
  cause the same to be done at the expense of the property owner. If said expense, as determined
  by the Town, is not paid within 30 days after billing the property owner, such a charge shall
  be a lien upon the property benefited until paid and shall be added to the property owner's tax
  bill as an assessment as set forth in this article.
  D.  Any property owner aggrieved by a determination to repair the sidewalk or any portion
  thereof as contained in the written notification of the same shall have a right to appeal such
  determination to the Town Board by delivering a written request for review of the
  determination to the Clerk within 60 days of delivery of said notification, which the Town
  Clerk shall thereupon transmit to the Town Board. Upon receipt of a timely request for review,
  the Town Board shall refer the matter to a person whom it shall designate for the purpose of
  hearing all evidence and arguments both against and in support of such determination. For
  this purpose, the person designated by the Town Board shall schedule a time and place for
  such a hearing and shall give or cause to be given adequate notice thereof to the property
  owner and to the Town Engineer. On such hearing, the formal rules of evidence shall not
  apply. Upon conclusion of such hearing, the person designated shall prepare and transmit to
  the Town Board a recommended decision, based upon the evidence and the arguments
  presented, either annulling, modifying or affirming the determination of the Town Engineer,
  together with a summary of the reasons therefor. Upon receipt of such recommended decision,
  the Town Board shall take up the matter at the next regularly scheduled Town Board meeting
  and shall accept, reject or modify said recommended decision. The determination of the Town
  Board so made shall be deemed final and binding upon the property owner and the Town
  Engineer.

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