[Adopted 12-13-1977 by L.L. No. 5-1977]
The owners and occupants of all lots abutting on sidewalks shall keep the sidewalks in front of such lots free and clear of all snow, ice, dirt and other obstructions and in a safe condition for public travel. The owners and occupants of all lots abutting on sidewalks shall repair and remedy all defects in such sidewalks unless notified in writing by the Village that the Village will repair and remedy such defects as provided for in § 152-12 hereof.
[Added 8-16-2004 by L.L. No. 1-2004]
If any owner or occupant fails to comply in any respect with the provisions of § 152-9 of this article, and any personal injury or property damage results from such failure, then each such owner or occupant shall be liable to each and every person injured, or whose property is damaged, directly or indirectly as a result of such failure, and shall be liable to the Village of Baxter Estates to the extent that the Village is required by law or by any court to respond in damages to any injured party.
The Village shall have the right to construct and repair and remedy defects in such sidewalks wholly at the expense of the Village or wholly at the expense of the owners and occupants of lots abutting such sidewalks or partly at the expense of each as may be determined in the sole discretion of the Village as evidenced by a resolution of the Board of Trustees of the Village. The expense of any such work performed by the Village and determined by the Village to be charged wholly or partly to the owner or occupants of abutting lots as aforesaid shall be assessed against the lot or lots of such owner or occupant in the same manner as prescribed in § 152-12 hereof.
In the event any such owner or occupant fails to comply in any respect with the provisions of § 152-9 hereof, the Village may, without notice, remove any snow, ice, dirt or other obstruction from such sidewalks, or repair and remedy any defects therein, or otherwise put the same in a safe condition for public travel. The expense of any such work performed by the Village, or the expense of any work performed pursuant to § 152-11 hereof by the Village and charged wholly or partly against the owner or occupants of abutting lots, shall be assessed against the lot of such owner or occupant, and such expense shall constitute a lien and charge thereon until paid, satisfied or otherwise discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.
[Amended 9-19-2005 by L.L. No. 1-2005; 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of this Article II of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that a violation occurs or continues shall be deemed a separate and distinct violation hereunder.
