2013 New York Consolidated Laws
VIL - Village
Article 6 - (6-600 - 6-632) STREETS, SIDEWALKS AND PUBLIC GROUNDS
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.