§ 6-632 — Incumbering streets; encroachments

§ 6-632 Incumbering streets; encroachments. 1. May regulate the use of\nsidewalks, stores, house and other building fronts; may regulate and\nprohibit the erection and construction of any stoop, steps, platform,\ncurb pumps, bay windows, stairs, cellar, area, areaway, descent to or\nascent from any building or any projection from any building in, to,\nupon, over or under any street or public place; may control, regulate\nand prohibit the building, use and occupancy of any cellar, underground\nareaway or excavation under the sidewalk or street or any part thereof,\nincluding tanks for the storage of gasoline, kerosene or other oils and\nmay provide terms and conditions of any permitted use; may control and\nprohibit and remove any grating, manhole cover, or other construction in\nthe walks or streets.\n 2. If the front or other exterior wall of any building erected on or\nbefore the first day of January, nineteen hundred forty, in any village\nencroaches not more than six inches upon any street or highway, no\naction or proceeding to compel the removal of such wall shall be\ninstituted or maintained by or on behalf of the village, or by or on\nbehalf of any person claiming an easement in or title to the portion of\nthe street or highway on which such wall encroaches, unless such action\nor proceeding be commenced within the period of one year from the time\nthis act takes effect, and unless within such period a notice of the\npendency of such action or proceeding, describing the property on which\nsaid building stands and indexed against the owner thereof, be filed in\nthe office of the clerk of the county in which the property lies.\n 3. If the front or other exterior wall of any building erected after\nthe first day of January, nineteen hundred forty, in any village\nencroaches not more than six inches upon any street or highway, no\naction or proceeding to compel the removal of such wall shall be\ninstituted or maintained by or on behalf of the village, or by or on\nbehalf of any person claiming an easement in or title to the portion of\nthe street or highway on which such wall encroaches, unless such action\nor proceeding be commenced within the period of one year from the time\nof the serving of a notice as hereinafter provided, and unless within\nsuch period a notice of the pendency of such action or proceeding,\ndescribing the property on which said building stands and indexed\nagainst the owner thereof, be filed in the office of the clerk of the\ncounty in which the property lies. Any person having an interest in the\nproperty on which such building stands may serve a notice on the village\nclerk, village mayor or any village trustee of the village in which said\nproperty lies, setting forth a brief description of the property, his\ninterest therein, and the existence of an encroachment on the street or\nhighway. Such notice, together with proof or admission of service\nthereof, shall be filed in the office of the clerk of the county in\nwhich such property lies. The clerk shall index and record such notice\nas if it were a notice of the pendency of an action and shall collect\nthe usual fees for recording and indexing a notice of the pendency of an\naction.\n 4. If no action be brought within the period hereby limited therefor\nthe owners and encumbrancers of such property shall be deemed to have an\neasement for the maintenance of the encroaching wall so long as the said\nwall shall stand, and no longer.\n 5. If the front or other exterior wall of any building erected on or\nbefore the first day of January, nineteen hundred sixty-five in any\nvillage encroaches not more than six inches upon any village street or\nvillage highway, the local legislative body of any village may authorize\nthe maintenance of such encroachment by ordinance during the period of\ntime the encroaching wall is in existence; provided, however, that such\nauthorization shall not confer any right or claim to be asserted against\nsuch village or the state.\n 6. The owner of real property upon which the front or exterior wall of\nany building thereon encroaches upon any village street or highway, may\nsubmit a request, in writing, to the board of trustees of such village\nfor authorization to maintain such front or exterior wall during the\ntime such wall is in existence.\n 7. Upon presentation of such request, notice thereof shall be given to\nthe superintendent of public works, who shall recommend to the board of\ntrustees the proposed action on such request. Within thirty days of the\npresentation of such request, the board of trustees shall determine if\nthe granting of such request shall adversely impact upon the users of\nthe village street or highway. In the event a determination is made that\nsuch encroachment does adversely impact upon the use of the village\nstreet or highway, such request shall be denied. In the event a\npreliminary determination is made that such encroachment may have no\nadverse impact upon the use of the village street or highway, the board\nof trustees of such village shall within, thirty days after the issuance\nof such preliminary finding, hold a public hearing upon such request,\nwhich public hearing shall be conducted upon not less than ten days\nnotice to the public. In addition to such public notice, the owners of\nproperty, as determined from the last completed assessment roll, within\nfive hundred feet of the property as measured from the intersections of\nthe property lines with the village street or highway shall be given\nnotice by certified mail of such public hearing.\n 8. If, upon the completion of the public hearing, the board of\ntrustees determines that such front or exterior wall does not interfere\nor impede the right of the public to use such village street or highway,\nthe board of trustees may grant to the owner of such property a license\nto continue to maintain such front or exterior wall during the period\nsuch wall is in existence; provided however, such village shall have the\nauthority to revoke such license at any time in the event the board of\ntrustees determines that such village street or highway will be improved\nand as a result of such improvement the front or exterior wall will then\nimpede, interfere with or obstruct traffic or the use of the village\nstreet or highway; provided, further, that such license shall not\nconfirm any right or claim against such village. In such event the owner\nof the property shall be given notice of the proposed action and shall\nwithin the time set forth in the notice, remove such front or exterior\nwall from the village street or highway.\n 9. Upon the abandonment of the building or in the event such building,\nbecause of a lack of care, enters a state of disrepair, the owner\nthereof shall remove such front or exterior wall upon notice from the\nvillage.\n 10. The authority granted to a village pursuant to subdivisions six,\nseven, eight and nine of this section may, by local law, be assigned to\nany department or agency of the village.\n