[Adopted 11-1-1999 by L.L. No. 4-1999]
The owner of any premises shall keep the sidewalks on or running along
the street row adjoining the property in reasonably good and safe repair for
users thereof; and shall be responsible for all necessary preventive and corrective
maintenance to accomplish such result.
A.
A defective sidewalk that is not in accordance with the standards set forth in § 132-15.3 shall mean any sidewalk which has any or all of the following conditions:
(1)
Unacceptable quality of sidewalk surface, including but
not limited to holes, depressions, breaks or projections.
(2)
Ridges or gaps between adjoining sidewalk blocks.
(3)
Differences in elevation of the surface or of adjoining
sidewalk blocks.
(4)
Peeling or crumbling of the surface of the sidewalk.
(5)
Tilting of sidewalk or sidewalk blocks except in the
case of handicap ramps, driveway approaches or other similar situations.
(6)
Missing portions of surface.
B.
The above shall be applicable regardless of the type
of sidewalk that exists, whether or not flagstone, brick, concrete, blacktop
or any other material.
C.
All defective sidewalks within the terms stated above
are hereby declared to be a public nuisance.
A.
The Superintendent of Public Works or his or her designated
agent shall have jurisdiction for the purpose of ordering the repair of a
defective sidewalk and for taking remedial action towards making the surface
in good repair.
B.
Upon receipt of information that a sidewalk may be defective,
the Superintendent shall make an inspection of the sidewalk and file a report
in his or her office.
C.
If the report shall confirm the existence of a defective
sidewalk as defined in this article, the Superintendent shall cause a notice
to be served upon the owner or his or her executor, legal representative or
agent, either personally or by first class prepaid mail, addressed to the
last known address of the owner or other person mentioned herein as said address
is shown on the records of the Assessor. If the name of the owner or place
of residence cannot be ascertained, notice shall be served by posting in a
conspicuous place upon the premises.
D.
Contents of the notice. The notice shall contain the
following:
(1)
Description of the premises upon which the sidewalk is
located.
(2)
The statement of the particulars in which the sidewalk
is defective.
(3)
A designation of the area in which repair or replacement
is to be made.
(4)
An order that the repair or correction of the defective
portion of the sidewalk shall commence within 30 days of personal service
or within 40 days of service by mailing.
(5)
A procedure to schedule a hearing before the Village
Board if the owner does not agree with the findings of the Superintendent
of Public Works, which hearing shall be scheduled not less than 20 business
days from the date of service of the written notice.
(6)
A statement that in the event of neglect or refusal to
comply with the order to repair or replace the defective sidewalk, the Village
Board is authorized to provide that the sidewalk be secured and repaired and
that all expenses thereof assessed against the land in which the sidewalk
is located, including related necessary or incidental expenses.
E.
The Superintendent may extend time requirements for cause
and in writing and upon reasonable time and conditions.
A.
The property owner/contractor is responsible for the
quality of the finished sidewalk. A representative of the Department of Public
Works will inspect the project from time to time and may require the owner
to remove and replace new construction that does not meet construction standards
as set forth below and as may be modified from time to time.
B.
Before engaging upon sidewalk repair or construction,
the contractor, on behalf of the owner, must first obtain a permit from the
Superintendent of Public Works or his designated agent. The Superintendent
shall furnish the applications.
C.
Fees. At the time of making application to the Village
for a permit to construct or repair a sidewalk, the owner or contractor shall
pay to the Village a permit fee in such amount as the Board of Trustees may
from time to time determine.
D.
No permit shall be issued to a contractor until he has
filed with the Village Clerk a certificate showing that he carries workmen's
compensation for all of his employees together with such other insurance as
the Superintendent may by rule or regulation require.
E.
No person shall repair or reconstruct a sidewalk unless
the same shall be in accordance with the grade established and obtained from
the Village Department of Public Works.
F.
All replacement sidewalks shall be made of concrete.
G.
All sidewalk repairs or construction is to performed
in accordance with rules and regulations established by the Superintendent
of Public Works, who shall prepare the same and promptly file them in the
office of the Village Clerk as follows:
(1)
Minimum dimensions of width and depth of sidewalk blocks
in residential and business areas.
(2)
Excavation and subbase requirement.
(3)
Forming and reinforcement.
(4)
Concrete mixture specifications.
(5)
Fine and coarse aggregate specifications.
(6)
Water quality.
(7)
Mixing of concrete ingredients.
(8)
Joints.
(9)
Finishing.
(10)
Protection of wet concrete.
(11)
Construction safeguards.
(12)
Any other matter or items that the Superintendent deems
necessary, appropriate or desirable.
H.
A copy of any permit issued in accordance with this article
in the possession of the persons actually doing the work shall be available
for inspection by the Superintendent of Public Works or his/her representatives.
A.
It shall be unlawful for any person, whether or not interested
in the property affected by this article, to hinder or obstruct the Department
of Public Works or any person acting on its behalf and including any contractor
not performing the work in this article.
B.
Sidewalk repair or replacement work performed by the
Village because of the neglect, refusal or failure of the owner to agree to
the work shall make such work ineligible for any Village sidewalk repair or
construction reimbursement plan.
C.
Any person or persons violating any provisions of this
article shall be subject to a penalty, such fine not to exceed $250 or a sentence
of imprisonment not to exceed 14 days or both such fine and imprisonment.
Such penalties may be in addition to any other remedies or actions that may
be taken by the Village either as provided herein or as may otherwise permit
such penalties.
D.
The Village shall be reimbursed for the cost of the work
performed or services rendered as provided in this article by assessment against
and collection from the lots or parcels of land where such work was performed
or services rendered for so much of the actual and complete cost as incurred
upon and from each lot or lots, in the manner provided for the assessment
of the cost of public improvements by applicable law, together with appropriate
interest.
