[Adopted 10-31-2023 by L.L. No. 16-2023]
[Amended 11-12-2025 by L.L. No. 1-2026]
As used in this article, the following terms shall have the meanings indicated:
EMERGENCY VEHICLES
The police, fire, and emergency medical services vehicles provided by the Village.
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 two residential dwellings 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.
[Amended 11-12-2025 by L.L. No. 1-2026]
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. 
Upon the accumulation of two inches or more of snow or ice, all private streets shall be cleared of snow and ice, and salted and/or sanded to the extent necessary and reasonable to afford safe passage for emergency vehicles.
[Amended 12-17-2024 by L.L. No. 13-2024; 11-12-2025 by L.L. No. 1-2026]
A. 
Unless such failure prevents the safe passage of emergency vehicles, it shall be a violation of this article if a person fails to comply with § 134-41A within seven calendar days after a directive to comply by the Village Building Department.
B. 
In the event that a failure to comply with § 134-41A prevents the safe passage of emergency vehicles, it shall be a violation of this article if a person fails to comply with § 134-41A within two calendar days after a directive to comply by the Village Building Department.
C. 
In the event of a failure to comply with § 134-41B, it shall be a violation of this article without any notice having to be given to any person.
D. 
No person shall park a vehicle or any other object or material on a private street that will reduce, or further reduce, the width of the private street, whether paved or not, to fewer than 20 feet.
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.
[Amended 2-11-2026 by L.L. No. 1-2026]
A. 
Upon a person's violation of this article, in addition to any penalties that may be imposed, if the Village has performed or effectuated through a third party any of the maintenance for which such person was responsible, the actual cost thereof shall be charged by the Village to the owner of the property for which such person was responsible, and such charge shall become due and payable by the owner at the time of the Village effecting such compliance.
B. 
If all or any part of the work is performed by the Village, the cost shall include:
(1) 
The total cost to the Village of its employees' time, administrative and labor, including salary, plus the cost of fringe benefits, which shall include, but not be limited to, health insurance, life insurance, dental insurance, unemployment, excise, and payroll taxes, retirement benefits, sick leave, vacation, holiday, and personal time off, to the extent applicable, as calculated by the Village Clerk. The administrative time may be set at either $500 or based upon the actual time spent on the matter; and
(2) 
The cost of the Village's General Counsel at its non-retainer hourly rate.
C. 
If the full amount due the Village is not paid within 20 days after a bill for such maintenance is sent by certified mail, return receipt requested, to the last owner of record as shown on the Village's assessment roll, then, and in that event, the Superintendent of Public Works Department shall cause to be filed in the office of the Village Administrator a sworn statement showing the cost and expense incurred for the maintenance, the dates the maintenance was performed, the location, by section, block, and lot, of the property for which the maintenance was performed, and the name of the owner of the property as shown on the Village's assessment roll.
D. 
The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs and expenses, including attorneys' fees, if any, for collection, until final payment has been made. Such interest shall be charged at the accrued legal rate of interest per annum from the date of the completion of the work or for the Village's payment for such work. Sworn statements filed in accordance with the provisions hereof:
(1) 
Shall be prima facie evidence that all legal formalities have been complied with;
(2) 
That the work has been performed to the satisfaction of the Superintendent of the Department of Public Works; and
(3) 
Shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
E. 
In the event that the bill is unpaid when the Village is preparing its next annual assessment roll, the lien shall be added to the assessment roll for the property and collected in the manner fixed by law for the collection of the Village's real property taxes. In that event, interest as provided in Subsection D shall be fixed, and the full amount, with that fixed interest, shall be subject to a delinquent penalty at the legal rate of interest for Village real property taxes in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent.
F. 
If a violation is based upon the obligation of an owner of property, and more than one person is guilty of the same violation because the required maintenance was the obligation of the owners of separate and distinct properties, the portion of the actual cost to the Village to perform or effectuate through a third party the maintenance for which such persons were responsible shall be in an amount equal to the actual cost to the Village divided by the number of such properties. As an example, if five properties were involved and the actual cost was $5,000.
(1) 
A St. (dwelling), ABC LLC (tax lots 11 and 12): $1,000.
(2) 
A St. (dwelling), Ed and Marie Smith (tax lots 1, 2, and 3): $1,000.
(3) 
A St. (dwelling), Max Ross (tax lots 4, 5, 7, and 8): $1,000.
(4) 
A St. (vacant), John Smith (tax lot 8): $1,000.
(5) 
A St. (dwelling), F Inc. (tax lot 13): $1,000.