As used in this chapter the following terms will be defined as follows:
(a) “Property owner” or “owner” means the record holder of legal title or, the purchaser under land contract or other agreement, if there is one of record.
(b) “Sidewalk” or “public sidewalk” means the portion of that area located between the curb line of the roadway and the adjacent property line, and which is paved and intended for the use of pedestrian traffic. (It is often located within the street right- of-way).
(c) “Maintain” or “maintenance” means the duty to repair or to remove and replace a public sidewalk, or a portion of a public sidewalk, all work to be performed in accordance with established Village specifications in effect at the time the work is commenced, so as to render the sidewalk free from defect.
(d) “Defect” or “defective conditions” means that the sidewalk is exhibiting one or more of the following characteristics:
(1) Vertical separations equal to three-fourth inch or more;
(2) Horizontal separations equal to three-fourth inch or more;
(3) Holes or depressions equal to three-fourth inch or more;
(4) Spalling or pitting over more than fifty percent (50%) of a single square or panel of sidewalk;
(5) A single square or panel of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot, or is cracked in such a manner that it constitutes danger or potential danger to the public;
(6) A sidewalk with any part thereof missing to the full depth;
(7) A deviation from the staked and construction grade equal to three-fourth inch or more;
(8) Covered in whole or in part with weeds or other plants, garbage, junk, rubbish, debris, solid waste, bird or animal droppings or any nuisances, obstructions or hazards which makes pedestrian travel either dangerous or impractical.
(Ord. 04-06. Passed 5-13-04.)