[Adopted as Ch. 70, Art. II, of the 2000 Code of Ordinances]
The provisions of Chapter 307, Special Assessments, are incorporated in this section by reference with respect to the construction of a sidewalk which is defined to be a local public improvement, excluding repairs necessary to a sidewalk; and a sidewalk local public improvement shall be initiated as provided for in Chapter 307.
No person shall permit any sidewalk which abuts property owned
by that person to fall into a state of disrepair or to become unsafe.
Whenever the Village Council shall determine that a sidewalk
is unsafe for use, written notice shall be given to the owner of the
abutting premises by mail, addressed to the last known address of
the owner; or if the owner or the owner's address is unknown, by delivering
the notice and leaving it with a person of suitable age and discretion
at the premises; or if such person is not found, by posting such notice
in some conspicuous place on the premises. The notice shall specify
the condition to be repaired and the nature of the repairs to be made.
A hearing shall be granted to any person notified under § 326-7 if requested within 20 days of the notice. The hearing shall be scheduled within 30 days after a hearing is requested. The hearing may be part of a Village Council meeting. There shall be a fourteen-day notice to the appellant of the hearing date.
If an owner fails to repair a sidewalk within 30 days, the Village
Manager shall report the same to the Village Council with the request
that he be authorized to repair or construct the sidewalk. The Village
Manager may dispense with the notice and report and request the Council
for authority to repair the sidewalk if in the Village Manager's opinion
the sidewalk condition is unsafe and dangerous and requires immediate
repair to ensure public safety and to prevent the possibility of Village
liability for personal injury or property damage. Upon receipt of
any such report of the failure of such owner to repair the sidewalk
within the time specified in such notice, the Council may determine
to repair the sidewalk by resolution and order the Village Manager
to proceed with the required work.
The cost of repairs under this article, if made by the Village, shall be charged against the premises abutting such sidewalk and its owner thereof, in accordance with the provisions of this Code, including those found in Chapter 307; however, repairs necessitated by root damage from trees situated in the public right-of-way or by damage caused by public vehicles shall not be the financial responsibility of the owner of the abutting property; and the Village Council, if it determines that the sidewalk has been damaged by abutting trees in the public right-of-way or public vehicles, shall cause repairs as necessary to be made at the expense of the Village.
[Amended 4-16-2018 by Ord. No. 348]
No person shall construct or repair any sidewalk except in accordance
with the lines, grade, slope and specifications established by the
Village, and without first procuring a permit from the Village Manager
and/or his or her designee. Permits shall be prominently displayed
on the construction site.
