"Defective" sidewalks can cost money. Just ask the Village of Roslyn which claimed that "lawsuits valued in the millions of dollars had to be defended by property owners because of injuries caused by defective sidewalks."

In order to prevent future litigation and to uphold Roslyn's Municipal Code, the village has begun a comprehensive inspection of sidewalks on both commercial and residential properties. Failure to make repairs could cost village residents and businessmen tax dollars---not to mention litigation costs.

According to Roslyn Mayor Janet Galante, a sidewalk inventory was completed by the village last year. The village will use different-colored flags to mark the condition of sidewalks on both commercial and residential properties. Village Engineer Robert Burns of the firm of Dvirka and Bartilucci has begun determining the condition of all local sidewalks.

Residents and landlords on Main Street have been the first Roslynites to be notified of the condition of their sidewalks. Also according to the mayor, Main Street was chosen first because it is "one of the more hazardous and heavily traveled areas" in the village. The unsafe areas are marked with light green flags.

If a sidewalk is deemed by the village engineer to be in an unsafe condition, then the owner or occupant will receive a letter from the Village Clerk. That letter will state, in part, that the unsafe sidewalk must be repaired by the owner or occupant within 30 days of receiving the letter.

If the owner or occupant does not make the necessary repairs---at their own cost---then village personnel will come in, do the work, and then charge the bill to either the owner or occupant of the sidewalk in question.

Finally, if the owner fails to pay the repair costs incurred by the village, then, according to the Village Clerk, "an assessment will be made against [the] property and collected as a tax assessment."

According to Section 12-18 of the municipal code, local businessmen and homeowners (termed "owner" and "occupant") are both responsible for sidewalks that run along their establishments or residences.

"No person owning and/or occupying any premises shall allow any sidewalk, path and/or public thoroughfare in front of or contiguous to such premises to become or remain in any condition which might reasonably endanger any person, after receiving actual or constructive notice thereof," the section states.

Section 12-19 of the code adds that owners and occupants will be held liable "to all persons who are injured and/or whose property is damaged as a result of...noncompliance."

Indeed, Section 12-20 essentially states that the village, unless under certain winter weather circumstances, cannot be held liable for injuries caused by defective sidewalks.

"No civil action shall be maintained against the Village for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, municipal parking lot or municipal parking garage in the Village being defective, out of repair, unsafe, dangerous or obstructed," the code states.

If a written notice over dangers caused by snow or ice is given to the village clerk and if the village fails to rectify the situation "within a reasonable time" of receiving the notice, then the village---and not the owner or occupant---may be held liable.

A. Stanco Corporation of Glen Cove was chosen by the village as the lowest responsible bidder to make the sidewalk flags. A copy of the village municipal code can be obtained at the Village Hall, 1200 Old Northern Blvd.