N.Y. Village Law § 6-632: Incumbering streets; encroachments

§ 6-632 Incumbering streets; encroachments. 1. May regulate the use of

sidewalks, stores, house and other building fronts; may regulate and

prohibit the erection and construction of any stoop, steps, platform,

curb pumps, bay windows, stairs, cellar, area, areaway, descent to or

ascent from any building or any projection from any building in, to,

upon, over or under any street or public place; may control, regulate

and prohibit the building, use and occupancy of any cellar, underground

areaway or excavation under the sidewalk or street or any part thereof,

including tanks for the storage of gasoline, kerosene or other oils and

may provide terms and conditions of any permitted use; may control and

prohibit and remove any grating, manhole cover, or other construction in

the walks or streets.

2. If the front or other exterior wall of any building erected on or

before the first day of January, nineteen hundred forty, in any village

encroaches not more than six inches upon any street or highway, no

action or proceeding to compel the removal of such wall shall be

instituted or maintained by or on behalf of the village, or by or on

behalf of any person claiming an easement in or title to the portion of

the street or highway on which such wall encroaches, unless such action

or proceeding be commenced within the period of one year from the time

this act takes effect, and unless within such period a notice of the

pendency of such action or proceeding, describing the property on which

said building stands and indexed against the owner thereof, be filed in

the office of the clerk of the county in which the property lies.

3. If the front or other exterior wall of any building erected after

the first day of January, nineteen hundred forty, in any village

encroaches not more than six inches upon any street or highway, no

action or proceeding to compel the removal of such wall shall be

instituted or maintained by or on behalf of the village, or by or on

behalf of any person claiming an easement in or title to the portion of

the street or highway on which such wall encroaches, unless such action

or proceeding be commenced within the period of one year from the time

of the serving of a notice as hereinafter provided, and unless within

such period a notice of the pendency of such action or proceeding,

describing the property on which said building stands and indexed

against the owner thereof, be filed in the office of the clerk of the

county in which the property lies. Any person having an interest in the

property on which such building stands may serve a notice on the village

clerk, village mayor or any village trustee of the village in which said

property lies, setting forth a brief description of the property, his

interest therein, and the existence of an encroachment on the street or

highway. Such notice, together with proof or admission of service

thereof, shall be filed in the office of the clerk of the county in

which such property lies. The clerk shall index and record such notice

as if it were a notice of the pendency of an action and shall collect

the usual fees for recording and indexing a notice of the pendency of an

action.

4. If no action be brought within the period hereby limited therefor

the owners and encumbrancers of such property shall be deemed to have an

easement for the maintenance of the encroaching wall so long as the said

wall shall stand, and no longer.

5. If the front or other exterior wall of any building erected on or

before the first day of January, nineteen hundred sixty-five in any

village encroaches not more than six inches upon any village street or

village highway, the local legislative body of any village may authorize

the maintenance of such encroachment by ordinance during the period of

time the encroaching wall is in existence; provided, however, that such

authorization shall not confer any right or claim to be asserted against

such village or the state.

6. The owner of real property upon which the front or exterior wall of

any building thereon encroaches upon any village street or highway, may

submit a request, in writing, to the board of trustees of such village

for authorization to maintain such front or exterior wall during the

time such wall is in existence.

7. Upon presentation of such request, notice thereof shall be given to

the superintendent of public works, who shall recommend to the board of

trustees the proposed action on such request. Within thirty days of the

presentation of such request, the board of trustees shall determine if

the granting of such request shall adversely impact upon the users of

the village street or highway. In the event a determination is made that

such encroachment does adversely impact upon the use of the village

street or highway, such request shall be denied. In the event a

preliminary determination is made that such encroachment may have no

adverse impact upon the use of the village street or highway, the board

of trustees of such village shall within, thirty days after the issuance

of such preliminary finding, hold a public hearing upon such request,

which public hearing shall be conducted upon not less than ten days

notice to the public. In addition to such public notice, the owners of

property, as determined from the last completed assessment roll, within

five hundred feet of the property as measured from the intersections of

the property lines with the village street or highway shall be given

notice by certified mail of such public hearing.

8. If, upon the completion of the public hearing, the board of

trustees determines that such front or exterior wall does not interfere

or impede the right of the public to use such village street or highway,

the board of trustees may grant to the owner of such property a license

to continue to maintain such front or exterior wall during the period

such wall is in existence; provided however, such village shall have the

authority to revoke such license at any time in the event the board of

trustees determines that such village street or highway will be improved

and as a result of such improvement the front or exterior wall will then

impede, interfere with or obstruct traffic or the use of the village

street or highway; provided, further, that such license shall not

confirm any right or claim against such village. In such event the owner

of the property shall be given notice of the proposed action and shall

within the time set forth in the notice, remove such front or exterior

wall from the village street or highway.

9. Upon the abandonment of the building or in the event such building,

because of a lack of care, enters a state of disrepair, the owner

thereof shall remove such front or exterior wall upon notice from the

village.

10. The authority granted to a village pursuant to subdivisions six,

seven, eight and nine of this section may, by local law, be assigned to

any department or agency of the village.