[Adopted 11-17-2008 by L.L. No. 2-2008]
The Village of Adams considers the existing and future sidewalk
system to be an integral and important part of the Village life. Sidewalks
not only provide a safe way for citizens to move about the Village
and conduct their business but they also provide an opportunity for
physical exercise. It is the goal of the Village that sidewalks be
installed on all streets in the Village.
When used in this article, the following words and terms shall
have the meanings indicated, unless otherwise expressly stated:
A semi-permanent, rooflike cover of canvas or other flexible
fabric attached to the face of a building and completely supported
thereby.
That portion of a street improved, designated, intended or
used for vehicular traffic.
That portion of a street outside of the roadway used or set
for the use of pedestrians.
The Superintendent of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person owning or occupying any property fronting upon or
abutting any street shall fail to build, rebuild or keep in repair
any sidewalk in front of his said property when the Superintendent
by written notice so directs, and the same shall be built, rebuilt
or repaired upon such established grade of such materials and size
as the Superintendent may direct as established and outlined via the
existing construction standard.[1] This subsection shall not apply to property with existing
residential or commercial buildings that, as of the date of this article,
does not currently have a sidewalk.
[1]
Editor's Note: The construction standards are on file in the
Village Clerk's office.
[Amended 11-16-2009 by L.L. No. 2-2009]
A.
No person
shall construct or repair any sidewalk in the Village of Adams except
under the direction and in the manner determined and prescribed by
the Village of Adams sidewalk construction standards.[1] A permit shall be required for all new installation or
replacement of a sidewalk in the Village of Adams.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: The construction standards are on file in the
Village Clerk's office.
B.
No person
shall construct or repair any driveway in the Village of Adams except
under the direction and in the manner determined and prescribed by
the Village of Adams driveway construction standards.[2] A permit shall be required for all new installation and
replacement of a driveway in the Village of Adams.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[2]
Editor's Note: The construction standards are on file in the
Village Clerk's office.
C.
The construction
standards for both driveways and sidewalks may be modified from time
to time by resolution of the Village Board.
D.
Failure
to obtain said permits may result in an order to stop construction
and replacement of said sidewalk or driveway completed at property
owner's expense.
E.
A fee,
as determined by the Village Board, shall be levied for each permit
issued.
A.
Sidewalks shall run continuously on any property fronting upon or
abutting any roadways. All sidewalks are to be placed through driveways
and continue on property. If an existing driveway passes through and
interrupts the sidewalk and requires repair, the new sidewalk shall
pass through the driveway.
B.
Exception.
[Added 1-16-2018 by L.L.
No. 1-2018]
(1)
This requirement may be waived, and an exception allowed, upon application
of the property owner(s) to the Board of Trustees of the Village of
Adams, outlining and demonstrating a safe walking area with an even
transition, Any approval of waiver shall require a unanimous affirmative
vote of the present Village Trustees.
(2)
If approved said waiver shall be recorded with the Jefferson County
Clerk, Should the property owner(s) fail to maintain the walking area
as outlined in their application, the waiver shall become null and
void. Each property owner accepts liability for the use of the sidewalks
and safe walking areas, and grant a permanent easement to the Village
of Adams for said same.
All existing property owners, whether it be for the installation
of a new sidewalk or the repair of the existing sidewalk, may be eligible
to be approved to receive up to 50% of reimbursement of costs associated
with said sidewalk. This reimbursement plan is at the discretion of
the Village Board, and may be rejected entirely for any given year.
Said Board shall take into consideration the physical and financial
restrictions of the Village's budget for that current year before
deciding on a reimbursement plan. The Village Board shall approve
the per-foot rate. This subsection shall not apply to developers and/or
new construction.
Maintenance of sidewalks shall be the sole responsibility of
the property owner.
No person shall permit any water from ditches, drains, spouts,
sprinklers, hoses or other irrigating devices to fall upon or run
over sidewalks causing hazardous conditions of pedestrians.
A.
It is the duty of the property owner, tenant, occupant or other person
in charge of any property fronting on any public street or alley to
remove all snow and ice from sidewalks and driveway crossings by 9:00
a.m. following the time of deposit.
B.
When the weather conditions make it impracticable to remove such
snow and ice, the owner, tenant, occupant or other person having charge
of any premises as aforesaid shall, within the aforesaid specified
time, cause the sidewalk abutting in such premises to be covered with
salt, sand or some suitable materials and shall as soon thereafter
as the weather permits thoroughly clean the sidewalks.
C.
It shall be unlawful for any person to use or cause to be used a
public street or any sidewalk for the deposit, piling or placement
of plowed or shoveled snow and/or ice.
D.
It shall be unlawful for any person to deposit, pile or place, or
cause to be deposited, piled or placed on any corner lot, plowed or
shoveled snow piles such that the piled interfere with the visibility
of vehicular traffic at such corners.
E.
It shall be unlawful for any person to deposit, pile or place, or
cause to be deposited, piled or placed, plowed or shoveled snow, or
to blow or cause snow as to cover or obstruct the accessibility of
fire hydrants.
No person shall place or maintain any awning over any sidewalk
unless the same shall be made of cloth or canvas and supported by
braces securely fastened to a building, the lower of which awning,
including its supports, shall be at least 7 1/2 feet above the
sidewalks.
No person shall place or maintain any devices or materials including
but not limited to banners, signs and wires over the sidewalk without
permission from the Village of Adams Board of Trustees. The Village
will review the conditions to determine if the devices or materials will be safe and/or acceptable
and grant or deny the request respectively.
A.
No person shall obstruct, or cause or permit to be obstructed, any
sidewalk or crosswalk in the Village, by placing thereon any boxes,
barrel, goods, wares, merchandise or other obstruction of any kind
or nature or suspending any sign, goods, wares or merchandise across
or over any walk within eight feet of the same except temporarily
when loading or unloading vehicles.
B.
No person shall position a vehicle so as to prevent pedestrian access
to the sidewalk. Temporary parking for the purpose of loading or unloading
will be permitted.
Whenever any person is riding a bicycle, sliding, coasting or
skating upon any sidewalk or roadway, such person shall yield the
right-of-way to all pedestrians and shall give any audible signal
before overtaking and passing such pedestrians.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All complaints of pedestrian injuries and/or sidewalk damage
must be reported to the Village Clerk of the Village of Adams. Within
three business days of the complaint being registered, the Village
of Adams will investigate the complaint and make a determination on
the status of the complaint. Within five business days of the complaint,
a response will be transmitted to the complainant with the findings
of the investigation.[1]
[1]
Editor's Note: Related form is on file in the Village Clerk's
office.
A.
Whenever the Village determines that a repair, replacement and/or
addition of sidewalks are necessary, a written notice will be sent
to the property owner. The notice will be mailed "return receipt"
and regular first-class mail. The notice will describe in length and
sections which require action.
B.
Individual sections of sidewalks can be replaced at the property
owner's expense if the approved lines and grades can be maintained.
If the sidewalks can not meet the approved lines and grades as determined
by the Superintendent, then the entire section will need to be replaced.
See prior sections which specify eligibility in the fifty-percent
reimbursement program.
C.
Whenever the property owner is required to take action by notice
of the Village, a permit will be required. As part of the permitting
processes, the Superintendent will see the grade and lines for the
required actions. The permit will be a "no cost" permit and can be
obtained from the Village of Adams Village Clerk.
Any person, firm or corporation violating any provision of this
article shall, upon conviction, be subject to a fine of not less than
$50 nor more than $250. Each day of continued violation is a separate
and distinct offense.
If after notification has been given and penalties have been
assessed and the owner refuses or does not act to correct problem,
and if it is deemed by the Village Board said sidewalk creates a dangerous
or hazardous situation to the Village residents in its existing state,
the Village Board may direct the Superintendent to correct any and
all defects. All costs associated with this shall be charged back
or borne by the property owner.
