The property owner is responsible for repair of the curb, sidewalk, street, asphalt or other surfaces (collectively referred to as the “surfaces”) located on or adjacent to the property as a result of sewer service drain or pipe maintenance, repair or replacement. Any patching, curb repair or replacement, gutter repair or replacement, sidewalk repair or replacement, or any other general repair or replacement to any surface (collectively referred to as the “surface repair work”) is the responsibility of the property owner. If the property owner does not hire a licensed contractor to complete such surface repair work within 90 days of completion of the repairs or replacement to the sewer service drain or pipe, the town may, but is not obligated to, hire a licensed contractor to complete surface repair work on behalf of the property owner. The Town Council has discretion to determine whether it is in the best interest of the town to complete the surface repair work on behalf of one or more property owners and whether the town is financially capable of covering the cost of the surface repair work until the town is reimbursed in full by the property owner.
(A) (1) If the town elects to undertake the repairs on behalf of the property owner, the town shall bill the property owner directly for all surface repair work by providing a written invoice for the cost of repairs attributable to the property.
(2) If the property owner fails to pay the town in full for the cost of the surface repair work within 90 days of the property owner’s receipt of the invoice, the unpaid balance shall be added to the property owner’s property tax bill for the upcoming tax year. If determined by the Town Council to be in the best interest of the town, the Town Council may consider dividing the cost of the surface repair work equally over a term not to exceed three tax years following the tax year in which the surface repair work was completed.
(3) The last sentence of division (A)(2) above merely provides an option, and the Town Council is under no obligation to allow the cost of the surface repair work to be divided over a multi-year period.
(B) (1) The town shall have no responsibility or liability for any damage caused to the property that may occur during the surface repair work.
(2) Any subsequent surface repair work that may be required on the property for any reason, including subsequent repairs to the same area where surface repair work was originally completed, shall remain the responsibility of the property owner.
(3) The town shall make its best efforts to notify the original contractor, if applicable, of the failure of the original surface repair work and the need for subsequent surface repair work. In no event shall the town be responsible for the costs of subsequent repairs required to an area where surface repair work was previously completed for any reason.
(4) If additional charges are required for subsequent surface repair work, the town has discretion to determine if it is in the town’s best interest to complete the subsequent surface repair work. Financial responsibility for subsequent surface repair work shall be governed in the same manner as initial surface repair work under this section.
(C) (1) The property owner agrees to hold harmless, indemnify and defend the town, its agents, officers, directors, Council member(s) and employees (collectively referred to as the “indemnitees”) from and against any and all liabilities, losses, damages, liens, claims, suits, causes of action, costs (including court costs, attorney’s fees and costs of investigation) and actions of any kind arising out of, caused by, resulting from or alleged to arise by reason of the surface repair work.
(2) If any action or proceeding shall be brought by or against any indemnitee in connection with any such liability or claim, the property owner, on notice from the indemnitee, shall defend such action or proceeding at the property owner’s sole expense, by or through attorneys reasonably satisfactory to the indemnitee.
(Ord. 349, passed 12-14-2022)