[Adopted 2-22-1971 by L.L. No. 1-1971 as
Ch. 111, Art. III, of the 1971 Code]
[Amended 1-23-1978 by L.L. No. 1-1978]
It shall be the duty of every property owner
or occupant to keep the sidewalk and curb adjoining his premises in
safe, passable condition. For failure, upon notice by the Superintendent
of Public Works of not less than 24 hours, to make such repairs as
are specified as to place and manner, the Board of Trustees may cause
the same to be done and assess the expense thereof upon the adjoining
land. In any instance in which the property owner or occupant has
failed to make such repairs and expenditures are made or a contract
has been awarded by the Board of Trustees for such repairs, the procedure
for the collection of any such amounts paid or for which the Village
is obligated shall be as follows:
A.
The Board of Trustees shall serve, or cause to be
served, a notice upon the owner or occupant of the adjoining property
stating that such expenditure has been made or that a contract for
such repairs has been awarded; the purpose of such expenditure or
contract; the amount expended or contracted for such repairs; at a
specified time and place, the Board of Trustees will meet to hear
and determine all objections that may be made to such assessment,
including the amount thereof, and assess upon the land the amount
which it may deem just and reasonable, not exceeding, in the case
of default, the amount stated in such notice; if an amount is assessed
and is not paid within 15 days after such assessment, the Board of
Trustees, without further notice, will authorize either the institution
of action against the owner or occupant for the recovery thereof or
the issuance of a special warrant by the Board for the collection
of such assessment or the inclusion of such amount, i.e., of the assessment,
in the next annual tax levy; and that such owner or occupant may institute
a proceeding to review the assessment in the manner provided by Article
78 of the Civil Practice Law and Rules within 15 days after such assessment.
B.
Such notice shall be served, either personally or
by mail, at least 10 days prior to the day fixed in the notice for
such hearing. If the notice is served by mail, then such service shall
be deemed sufficient if it is addressed to the owner or occupant or
the person, partnership, agent or corporation shown on the tax rolls
of the Village as the one to whom tax bills are to be sent at the
time of the giving of the notice to repair specified in the first
subsection of this section.
