[Adopted 3-26-1987 as part of L.L. No. 2-1987
(Ch. 116, Art. II of the 1980 Code); amended in
its entirety 11-8-1993 by L.L. No. 28-1993]
A.
Whenever the Village Board adopts an order or orders
directing the abutting owners of the respecting lots or parcels of
land in front of which it is desired that sidewalks be built, relaid
or repaired, to construct the same in accordance with this chapter,
the Village Board of Trustees shall specify the place, manner and
time within which such construction or repair shall be done, which
time shall not be less than forty-eight (48) hours.
B.
The Village Clerk shall publish a notice thereof,
in the official newspaper, at least twice. The first such publication
shall be at least fifteen (15) days before the time specified for
the completion of the work. However, in lieu of such publication,
a copy of such notice may be served by certified mail, return receipt
requested, upon the owner or owners, occupant or occupants of the
land in front of which such construction or repair shall be done.
Whenever a notice or notice referred to in § 173-20 hereof has or have been served upon such owner or owners of the respective lots and/or parcels of land in front of which it is desired that sidewalks be built, relaid or repaired and such owner or owners, occupant or occupants shall not cause the construction or repair to be made to the sidewalk as required by the notice, the Superintendent of Public Works is hereby authorized and directed to cause the construction and repair to be made as required by the notice. The Superintendent of Public Works is hereby authorized to perform such work or repair out of funds to be appropriated by the Village Board of Trustees for such purposes.
A.
The Superintendent of Public Works may require such
bonds or deposits and issue such permits, subject to such terms and
conditions as he or she may consider necessary for the protection
of Village property.
B.
If the owner or owners, occupant or occupants submit
a cost estimate to the Village Board of Trustees in advance of any
work required by this chapter and if the Board of Trustees so approves
in advance of the performance of such work, the Village shall be responsible
for one-half (1/2) of the approved cost of such work.
Whenever such construction and repair is made by contract let pursuant to the provisions of § 173-21 of this Article, the provisions of this Article in respect to obtaining a permit and the powers of the Superintendent of Highways with respect to the issuance of such permit shall not be applicable.
[Amended 9-16-1991 by L.L. No. 7-1991; 9-28-1993 by L.L. No. 26-1993]
A.
The Village shall be reimbursed as provided hereinafter for the costs of building, relaying or repairing any sidewalk, when incurred as provided in § 173-21 of this chapter, by assessment upon and collection from the lots or parcels of land deemed to be benefited by such construction or repair, in proportion to the amount of benefit which the improvement shall confer upon the same, which amounts shall be assessed and collected in the same manner as an assessment for other Village taxes on real property.
(1)
Where such building, relaying or repairing is required
as a result of damage caused by street trees, the Village shall not
be entitled to any reimbursement of such costs.
(2)
Where such building, relaying or repairing is required
as a result of ordinary wear and tear, the Village shall be responsible
for one-half (1/2) of such costs and the owners of such lots or parcels
of land shall be responsible for one-half (1/2) of such costs.
(3)
Where such building, relaying or repairing is required
as a result of growth of a tree belonging to the owner(s) of adjoining
property or the negligence of any person, such owner(s) or person
shall be responsible for all of such costs.
(4)
In any other case, the costs of such building, relaying
or repairing shall be divided between the Village and such other persons
whom the Board of Trustees determines to be responsible, in a manner
determined by the Board of Trustees as an assessment for a local improvement.
B.
This section shall be applicable to all property which
lawfully may be used for no more than four (4) dwelling units.
[Added 9-16-1991 by L.L. No. 7-1991]
The Village shall be reimbursed for the actual and necessary cost of building, relaying or repairing any sidewalk adjacent to or adjoining any property, except a property to which § 173-24 is applicable, and including any property which lawfully may be used for more than four (4) dwelling units or any nonresidential use, when such cost is incurred as provided in § 173-21 of this Article. Such reimbursement shall be made by assessment upon and collection from such properties or parcels of land deemed to be benefited by such construction or repair, such costs to be assessed and collected upon and from each such lot or lots as shall be in proportion to the amount of benefit which the improvement shall confer upon the same, which amounts shall be assessed and collected in the same manner and at the same time as other Village taxes upon real property.[1]
[1]
Editor's Note: Former § 116-11,
Penalties for offenses, which immediately followed this section, was
repealed 9-28-1993 by L.L. No. 26-1993.
