(A) It is the duty of the owners of land which abut public streets to keep the sidewalks and driveway aprons within the rights-of-way in good repair.
(B) When a sidewalk or driveway apron has been damaged by some act of the village, whether by village personnel, agents or by village property, the village shall assume the responsibility to repair or replace that portion of the sidewalk or driveway apron so damaged.
(C) If any such sidewalk or driveway apron by reason of its condition constitutes a danger to the health or safety of lawful users, it shall be repaired or replaced pursuant to specifications, as hereinafter authorized, at the expense of the owners of the abutting lands.
(D) The Village Administrator or his or her duly authorized representatives shall conduct a survey of sidewalks and driveway aprons in the village from time to time. He or she shall determine the need for repair or replacement of sidewalks and driveway aprons based upon the following criteria:
(1) Unevenness. A sidewalk shall be considered uneven if it is not uniform or constant, varies in elevation or is not in the same plane. That portion of the sidewalk that is uneven shall be replaced or repaired.
(2) Drainage. There shall be adequate drainage from the surface of the sidewalk. The Village Administrator or his or her duly authorized representative may require the replacement or repair of a portion of sidewalk because of inadequate drainage.
(3) Spalling or sealing. If 25% of the surface of a sidewalk, as determined by the Village Administrator or his or her duly authorized representative, is spalled, scaled, chipped or flaked off, the sidewalk shall be replaced.
(4) Differential settlement (stumbling sites). The difference in elevation between adjacent sidewalk slabs shall not exceed one inch. The defective slabs shall be replaced.
(5) Cracks and joints. Cracks or joints in themselves shall not be considered defects unless they open to a width of one inch or greater. Slabs or blocks of sidewalks broken into five or less pieces may remain in place as long as adjacent broken pieces have a difference in elevation of one inch or less. Slabs or blocks of walk broken into six or more pieces shall be replaced.
(E) Any property owner aware of damaged sidewalks on his or her property shall notify the Village Administrator of such before proceeding to repair or replace such pursuant to this subchapter.
(Ord. 1660-14, passed 12-23-2014) Penalty, see § 97.99