[Adopted 9-8-1966 by L.L. No. 1-1966 (Art. 28 of the 2004 Code)]
The Board of Trustees may upon petition to 25 owners of real property within the Village, whose names appear upon the last approved assessment roll, cause maps and plans and specifications to be made for sidewalks to be located in a sidewalk district within the Village, provided that suitable maps and plans are not available, and in addition shall prepare a suitable plan for financing in the district.
With these plans as a basis, persons owning real property in the proposed sidewalk district in the Village to the amount of more than 1/2 in value of the taxable real property within the proposed sidewalk district as appears by the last preceding completed assessment roll may petition the Board of Trustees of such Village for the establishment of a sidewalk district within the Village.
A. 
The petition must state the maximum amount proposed to be expended in the construction of such sidewalk system and there shall be attached thereto a map showing the boundaries of the district and location of the said proposed sidewalk or sidewalks.
B. 
Each petitioner shall state opposite his name the assessed valuation of the real property owned by him in such district according to the last preceding completed assessment roll.
C. 
The execution of the petition by a property owner shall be acknowledged by him, or it may be proven by the oath of a witness who shall swear that he knows the property owner, and that the petition was signed by the property owner and that the petition was signed by the property owner in the presence of a witness.
D. 
The petition may be in the form of separate sheets, each sheet containing at the top thereof the complete wording of the petition, and when bound together and offered for filing, these shall be deemed to constitute one petition.
On receipt of such petition, the Board of Trustees shall hold a public hearing before taking any action on the petition, at which time full opportunity to be heard shall be granted to all officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected by the granting, modification or denial of the petition. Notice of the time, place and purpose of such hearing, containing a description of the district and extent of the proposed sidewalk system, shall be given by such board by posting such notice in two of the most public places within the Village at least seven days prior thereto and by publishing a notice in the official newspaper once seven days immediately preceding the hearing.
After a hearing held in accordance with this notice and upon the evidence given thereat, the Board of Trustees shall determine whether it is in the public interest to grant the petition, modify it or deny the relief sought.
A. 
During a period of 30 days following the Board action said determination shall be subject to review, in the manner provided by Article 78 of the Civil Practice Law and Rules upon a petition of any interested person. The petitioner shall give an undertaking, approved by the Supreme Court as to form, amount and sufficiency of sureties, that in event of failure to modify said final determination or order he or they will pay to the Village all such costs and expenses as are incurred by it or him on account of the said proceedings as shall be determined by the court. In the event that upon such review there shall be any modification by the court of said final determination or order, the court shall direct the modification thereof by judgement which shall be final and conclusive.
B. 
At the expiration of the thirty-day period during which the Board's action is subject to review, the Board of Trustees may, in conformity with its final determination or the judgement as the case may be, construct such system in accordance with the approved plans. But no such system shall be constructed if the expense thereof shall exceed the amount set forth in the petition, unless a further petition be presented to such board in the same form and executed in the same manner as herein provided, requesting that such system, shall be constructed for such amount.
The cost of constructing such system shall be assessed from year to year by the Board of Trustees upon the lands within the district in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom. This assessment shall be prepared at the same time and in the same manner as the Village assessment roll and be subject to the same appeal. In addition to the cost of construction, the Board of Trustees shall also have authority to provide for the maintenance or repair of any or all of the said sidewalk system.
The Board of Trustees may require the said sidewalks to be constructed, maintained, or repaired solely at the expense of the property owners in the district or the Village may share a part of the expense of such construction, repair or maintenance.