(A) Protests filed prior to work. If protests are filed prior to the doing of the work called for by notice from the Street Commissioner, the Board of Zoning Appeals shall have authority to notify, alter and revoke any such notice, as to the amount or type of work required, or the time in which it must be completed, consistent with the village ordinances and the specifications regarding sidewalk construction, reconstruction or repair. The Board shall also have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided the waiver will not cause or continue a public nuisance or an unsafe condition.
(B) Protest filed after work is completed. If protests are filed after the work provided for in the notice to the property owner has been done, the Board’s authority shall be limited to determining that the amount of the bill is correct and is charged against the right property, and that the work done was in accordance with the notice to the property owner. If the Board shall find that an amount has been incorrectly charged against the property, but the work has been done for which the village contractor is entitled to payment, it may order the payment made from village funds.
(C) Protests to be filed in writing. Any protests regarding sidewalk construction, reconstruction or repairs, or the assessment therefor shall be filed in writing with the Village Engineer, who shall notify the person filing the protest of the date and place of hearing before the Appeal Board.
(Ord. 20-90, passed 1-2-1991)