Opn. No.

JOSEPH C. SHAPIRO, ESQ. Village Attorney, Margaretville

We acknowledge receipt of your letter in which you state:

"The village is confronted with a hazardous situation whereby a sidewalk on private property requires fencing to keep children from falling into an adjacent stream. The property owner, after a request by the village, has refused to fence his property."

You inquire whether the village may surcharge the owner of the property for the cost of the fencing which is necessary for public safety.

A "sidewalk" is defined in Webster's New InternationalDictionary (Second Edition) as "A walk for…