(a) It is the duty of the owners of lots or lands which abut public streets to keep the sidewalks and driveway aprons within the right of way in good repair.
(b) If any such sidewalk, path, walkway and/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 owner(s) of the abutting lands.
(c) When a sidewalk, path, walkway 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, path, walkway, or driveway apron so damaged.
(d) The Village Administrator or his duly authorized representative shall conduct a survey of sidewalks and curb aprons in the Village from time to time. He or she shall determine the need for repair or replacement of sidewalks and curb 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.
(2) Drainage. There shall be adequate drainage from the surface of the sidewalk. The Village Administrator may require the replacement or repair of a portion of sidewalk because of inadequate drainage.
(3) Spalling or Scaling. If twenty-five percent (25%) of the surface of a sidewalk, as determine by the Village Administrator or his representative, is spalled, scaled, chipped or flacked off, the sidewalk shall be replaced.
(4) Differential settlement (stumbling blocks). The difference in elevation between adjacent sidewalk slabs shall not exceed one inch. The defective slabs shall be repaired or 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) The property owner (s) shall replace his, her, or their portion using the following steps:
(1) After contacting Village officials, the property owner (s) shall apply for a Zoning Permit which shall be issued upon approval of an application for said permit which application is to be filed along with drawings and permit fee with the Village Administrator.
(2) Sidewalks shall be constructed in accordance with the specifications adopted pursuant to Section 901.15.
(Ord. 2006-15. Passed 6-6-05.)