Opn. No.

Requestor: John L. Kirkpatrick, Esq., Village Attorney Village of Fort Plain P.O. Box 350 Fort Plain, New York 13339

Written by: James D. Cole, Assistant Attorney General in Charge of Opinions

You have asked whether a village board of trustees may provide by resolution that adjoining property owners are liable for the costs of sidewalk repairs or whether a local law subject to a public hearing is required in order to enact such a provision.

Under section 6-622 of the Village Law, the board of trustees may grade, pave or repave a street in the village wholly at the expense of the village, wholly…