(A) Findings of fact.
(1) It is necessary for town residents to install mailboxes on posts in public right-of-way to receive mail;
(2) The Town Street Department has the responsibility for maintaining these rights-of-way, including removal of snow and ice from the traveled portion of the roadway; and
(3) Occasional damage to these mailbox-mailbox post installations is unavoidable.
(B) Policy. Therefore, the following policy is in effect. It requires that, under certain conditions, the Street Department will replace mailboxes and/or mailbox posts, or pay an amount of up to $75 for damages resulting from maintenance activities by the town pursuant to the following conditions:
(1) The Street Department employee who knows that damage was done to an installation during a maintenance activity and reports same to the office.
(2) The owner of the installation reports the damage in writing within seven calendar days of when the damage occurred, and completes and signs a mailbox and post damage notification form. This form is available at the Clerk-Treasurer’s office, 150 West Jackson Street, Cicero, Indiana, or online at www.ciceroin.org.
(3) In order to be eligible for replacement or a cash payment, the mailbox and post damage notification form must be returned to the Clerk-Treasurer’s office within 30 days of when the damage occurred.
(4) The claim form will permit the owner to request that the town:
(a) Replace the mailbox; or
(b) Provide a one-time cash payment of up to $75 as compensation in full.
(5) All claims will be made on the form and may be investigated by the town. In questionable circumstances, the claimant will be given the benefit of the doubt.
(6) In the event the owner requests that the town replace the mailbox and/or mailbox post, the replacement by the town, unless an investigation is required or the claim is denied, will be made within three work days, weather permitting, from the time that the signed form is received.
(7) Replacement components provided by the town will be a black mailbox (with a length of 21½ inches, a width of 8 1/8 inches, and a height of 10¾ inches), with four four-inch, white house numbers, and/or, depending on the extent of the damage, a standard, 4" x 4", treated timber mailbox post. Cash payment, if requested, will be made within 30 days of claim, unless investigation is required or the claim is denied.
(8) In the event the owner requests the cash payment option, payment shall be made within 30 days by the town, unless the claim requires investigation or is denied.
(9) Only one claim per household for cash payment, or the replacement by the town of the standard, 4" x 4", treated timber mailbox post will be permitted.
(C) Nature of policy. Compensation given under this policy does not constitute a fault or admission of guilt by the town. The act of replacing or compensating funds due to damages during maintenance in winter months is the result of the probability factor, and the town's willingness to maintain good-will relations with the town residents.
(D) Appeals. The town, as owners and governing body of all town rights-of-ways, shall accept, reject or determine any appropriate action for compensation of claims received under this policy. When claims are denied, appeals will be heard by the Town Council.
(Ord. passed 4-15-14)