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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. Downloaded from https://ecode360.com/HA0055 on 2025-10-30 16