(A) No person shall build in and along any street in the village any curb or gutter except such curb and gutter that is constructed of cement upon a suitable foundation, and such curb and gutter shall be a combination curb and gutter.
(B) The village shall construct or cause to be constructed all cement combination curbs and gutters in and along the streets of the village. Such combination curbs and gutters shall be constructed whenever, in the judgement of the Village Council, it may become necessary to construct the same.
(C) Combination curbs and gutters shall not be constructed in and along any street for a distance of less than one block (the distance between two streets) at any one time unless the Village Council shall otherwise by resolution determine.
(D) Whenever any property owner of the village shall desire to have constructed in front of and along the street adjacent to the property owned by him or her, he or she shall make written application to the Village Council, and in such application, the exact location of the curb and gutter shall be stated.
(E) (1) The Village Council may order the construction of combination curbs and gutters in and along any street or portion thereof, and the costs of such curbs and gutters shall be assessed according to frontage by special assessment and shall be collected in the same manner as other special assessments. Otherwise, a property owner may pay the costs as soon as curbs and gutters are completed, or the costs shall be paid in a period of one year with interest at the rate of 9%.
(2) The property owner shall pay 80% and the village shall pay 20% of the total costs of combination curbs and gutters.
(3) At the intersection of streets, the distance between the construction of the lot lines to curb lines shall be paid for by the village.
(F) Combination curbs and gutters may be constructed by contract or by the village as the Village Council may by resolution determine.
(Ord. 14, passed 9-14-81) Penalty, see § 10.99
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIDEWALK. The portion of the street right-of-way designed for pedestrian travel.
(B) Specifications and permits. No person shall construct, rebuild or repair any sidewalk within the village limits except in accordance with specifications established for such sidewalks and must first obtain a written permit and specifications from the Village Superintendent. Only a licensed contractor approved by the Village Superintendent may perform such work. However, Fowler Village Department of Public Works employees retain the right to make sidewalk installations and/or repairs as deemed necessary by said department.
(C) Sidewalk specifications. Sidewalks shall not be less than four inches in thickness and expansion joints shall be placed, including the insertion of expansion materials. Sidewalks at driveway crossings shall be not less than six inches in thickness. All concrete used in sidewalk construction shall, 28 days after placement, be capable of resisting a pressure of 3,500 pounds per square inch without failure. The Village Superintendent may establish additional details and specifications in addition hereto and not inconsistent herewith.
(D) New construction. It is mandatory that any new home construction within the village limits shall include the construction of sidewalks as provided herein.
(E) Construction costs. The village will pay 50% of the construction costs of any new, repaired or replacement sidewalks within the limits of the village, whether adjacent to existing homes or new home construction, pursuant to procedures to be set and established by village policy. No reimbursement or payment by the village shall be made until a valid permit has been issued by the Village Superintendent and payment therefor approved by the Village Council.
(F) Ordering construction. No person shall permit any sidewalk which adjoins property owned by him or her to fall into a state of disrepair or to be unsafe. It further is provided that should the Village Superintendent deem any part or portion of sidewalks within the village limits to require repair or replacement, the same shall be referred to the Village Council, who then may, by resolution, require the owners of lots and premises to build or repair sidewalks adjacent to and abutting upon such lots and premises as designated. When such resolution shall be adopted, the Village Clerk shall give notice thereof to the owner of such lot or premises, requiring him or her to construct or rebuild such sidewalks within 60 days from the date of such notice.
(G) Construction by the village. If the owner of such lot or premises shall fail to build or construct any particular sidewalk as described in the notice by the Village Council, within the time and within the manner required herein, the Village Superintendent is hereby authorized and required to immediately, after the expiration of the time limited for the construction or rebuilding by the owner, cause such sidewalk to be constructed and the expense thereof shall be charged to such premises and to the owner thereof and collected as provided for village taxes in the village.
(H) Clearing of sidewalks. The occupant of every lot or premises adjoining any street, or the owner of such lot or premises, if the same are not occupied, shall clear all ice and snow from sidewalks adjoining such lot or premises within the time herein required. When any such snow or ice shall fall during daylight hours, such snow or ice shall be removed within 12 hours after cessation. If snow or ice shall fall during the nighttime, it shall be cleared by 6:00 p.m. on the day following.
(Ord. 15, passed 9-14-81; Am. Ord. 35, passed 7-21-97; Am. Ord. passed 6-13-11) Penalty, see § 10.99