§ 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.