The Edgemont Community Council has learned that the Town of Greenburgh has issued violation notices to certain homeowners on Old Army Road and Edgemont Circle for failing to fix at their own expense cracks and uneven surfaces in the crumbling asphalt that for years has served as the Town’s sidewalk in front of their respective homes. The Town issued the summonses this week after residents of Robin Hill Road around the corner complained two weeks ago that the Town had installed a sidewalk there made of asphalt instead of more durable concrete. These violation notices come after the Town has for years promised residents of Old Army Road that the crumbling sidewalk there would be replaced. The sidewalk along Old Army Road is one of a network of deteriorating Town sidewalks that Edgemont children must use to walk to and from Seely Place elementary school and the Edgemont Junior-Senior High School.
Using provisions of the Town Code as a weapon to make a point to residents advocating for new sidewalks is not new. When residents advocated for a new sidewalk to be built on Seely Place, the Town began issuing summonses to property owners along Fort Hill Road for failing to clear ice and snow in a timely enough manner from Town-installed sidewalks in front of their homes. The Town’s warning to Edgemont residents was that if they get a sidewalk built in front of their homes, they would be liable for removing ice and snow from them and that if they were not prepared to assume that responsibility, they should advocate against the construction of sidewalks.
Whether the Town may lawfully require residents to repair cracks in the asphalt of Town-built sidewalks is not clear, and the Town’s attempt to punish residents for not fixing the cracks appears to be unprecedented. The notice of violation cites Town Code Section 430-17, which is entitled, “Failure to maintain walkway or observe regulations.” It states that the adjacent owner of property in the Town improved by the installation of a sidewalk or pedestrian walkway “shall be liable for any injury or damage caused by . . . failure . . . to keep and maintain the walkway . . . in good repair, safe and suitable for pedestrian travel.” However, there are no regulations in the Town Code that require homeowners to bear the expense of fixing cracks in the sidewalk.
By contrast, the Town does have regulations that require homeowners to remove ice and snow from sidewalks abutting their property. Section 430-15, entitled, “duty to keep sidewalks free of obstructions” requires homeowners to keep sidewalks “free and clear of snow, ice, dirt or other obstructions within 24 hours after an obstruction is created” and Section 430-16 says the if the obstruction is not removed within 24 hours, the Town may remove it and bill the costs to the homeowner.
The ECC is following this issue closely and will report as it learns more.