As used in this article, the following terms shall have the
meanings indicated:
PERSON
The owner, tenant, occupant, or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, sublessee, agent, or
any other individual, firm, or corporation directly or indirectly
in control of any private street or part thereof.
PRIVATE STREET
A highway, boulevard, concourse, road, avenue, lane, alley,
court, cul-de-sac, drive, or thoroughfare within the Village more
than 12 feet in width, which serves more than one residential dwelling
and which is not owned or maintained on a regular basis by deed, easement,
acceptance of dedication, or prescription by a municipality. In any
prosecution or other proceeding based upon an alleged violation of
this article, it shall be an affirmative defense that the subject
street was owned or maintained on a regular basis by deed, easement,
acceptance of dedication, or prescription by a municipality.
Every person shall be responsible for the following maintenance
of that portion of the private street that adjoins such person's
property:
A. All private streets shall be maintained in good condition and free
of litter, refuse, and other debris to the extent necessary and reasonable
to afford safe passage for emergency vehicles. To the extent that
tree pruning or removal is required to provide such safe passage,
such pruning or removal shall be subject to the provisions of the
Village's regulation on the preservation of trees.
B. Within 24 hours after the cessation of a snowfall, the snow shall
be plowed, blown, shoveled, or otherwise cleared from all private
streets to the extent necessary and reasonable to afford safe passage
for emergency vehicles.
The notice required pursuant to §
134-42 shall be deemed sufficient in any of the following manners:
A. Hand-delivered to an owner of the property.
B. Hand-delivered to a person of suitable age and discretion at the
dwelling on the property.
C. Emailed to the email address provided to any department of the Village
by an owner or resident of the property.
D. Placed on the front door of the dwelling on the property, if any,
and calling the telephone number provided by the owner or resident
of the dwelling at the last telephone number provided to any department
of the Village and informing the person who answers the telephone,
or leaving a message on an answering device, advising the person of
the notice.
Any person who violates this article shall be subject to the penalties set forth in Chapter
116, Penalties and Liability Through Accessorial Conduct, of this Code.