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(A) All sidewalks, curbs and gutters shall be constructed or repaired in conformity with the specifications, and amendments thereto, by the Village Engineer and approved by the Village Council.
(B) The specifications will be placed on file with the Clerk of the village.
(C) All walks shall be constructed of portland cement construction.
(Prior Code, § 92.36) (Ord. passed 10-3-2000)
Whenever the Village Council shall deem the construction of a new sidewalk, curb or gutter, or the reconstruction or repair of an existing sidewalk, curb or gutter, a necessary improvement, the Council shall so declare by resolution, describing the property in front of or adjacent to which the construction is ordered by lots, blocks or parcels of land. After adoption of the resolution, it shall be the duty of the Village Clerk to cause notice thereof to be given to each property owner affected, listing the approximate cost of the property owner’s share.
(Prior Code, § 92.37) (Ord. passed 10-3-2000)
After approved, the Village Engineer shall obtain sealed bids, and upon receipt of the bids, the Village Council shall award the contract to one of the bidders, who shall thereupon be authorized and required to cause the sidewalks, curbs or gutters to be constructed, reconstructed or repaired.
(Prior Code, § 92.38) (Ord. passed 10-3-2000)
(A) No sidewalk, curb or gutter shall be constructed, reconstructed or repaired in the village except by a qualified, experienced builder or contractor approved by the Village Council.
(B) To be considered qualified, the builder or contractor shall submit, unless waived by the Council, a written report which shall contain:
(1) Full name and address of person or business;
(2) Qualifications;
(3) Financial resume; and
(4) Two references from reputable citizens vouching for the applicant’s character and qualifications.
(C) The Council shall thereafter approve or disapprove the builder or contractor.
(D) The Village Engineer may cause work to be stopped and/or suspended for incompetence or failure to comply with this subchapter. At the next regular meeting of the Village Council, the contractor may appear and be heard. The Village Council, at the hearing, may revoke the stop-work order of the Village Engineer and permit the completion of the construction as was contracted out to the contractor.
(Prior Code, § 92.39) (Ord. passed 10-3-2000) Penalty, see § 92.99
(A) The expense of construction, reconstruction or repairing of any sidewalk, curb or gutter shall be defrayed by the village and the property owner abutting the construction on the following basis:
(1) Village: 50%; and
(2) Property owner: 50%.
(B) (1) The Village Council shall pay directly to the contractor, in the case of construction ordered, the entire cost of the construction. The property owner shall thereafter be billed the share of the cost allocated to the property by the Village Council.
(2) If any special assessment is not paid in full within 90 days from the billing date, interest will be assessed, and the Village Clerk shall certify the charge to the Village Assessor, who shall spread the same on the tax roll of the village as a special assessment. When it shall be expedient, however, the Council may collect the expense in an action of debt or assumpsit against the owner before any court of competent jurisdiction.
(3) If the Village Clerk shall be unable to collect any amounts so assessed, the Clerk shall return all the unpaid assessments to the Treasurer of the county in the same manner and with like effects as other returns to the County Treasurer. The returned assessments shall be collected by the County Treasurer under the provisions of the general tax laws of the state, together with interest and charges thereon.
(Prior Code, § 92.40) (Ord. passed 10-3-2000)
(A) Generally. The occupant of every lot or premises adjoining any street, or the owner of the lot or premises, if the same is not occupied, shall clear all ice and snow from sidewalks adjoining the lot or premises, and shall sweep or clean the sidewalks as often as may be reasonably necessary to keep the sidewalks clear of dirt, refuse, rubbish or waste papers, and shall properly dispose of the same so as not to litter any street or alley.
(C) Maintenance requirements.
(1) Snow and ice.
(a) Within 24 hours after the end of each accumulation of snow greater than one inch, the owner or occupant of every property shall remove the accumulation from the adjacent public sidewalk. The accumulation may be from any source, including precipitation and drifting. Immediately after the accumulation of ice on the sidewalk, it shall be treated with sand, salt or other substance to prevent it from being slippery, and the ice shall be removed within 24 hours after accumulation.
(b) All public land shall have snow and ice removed as if it were privately owned. The removal of snow and ice shall mean free of snow and ice for the entire constructed width and length of the sidewalk.
(2) Dirt refuse and rubbish. The owner or occupant of any property adjacent to a public sidewalk shall sweep or clean sidewalks as often as may be reasonably necessary to keep the sidewalks clear of dirt, refuse, rubbish or waste papers and shall properly dispose of same so as not to litter any street or alley.
(3) Removal by village. If snow or ice is not removed or treated as required by division (C)(1) above, as determined by members of the Maintenance Department or an appropriate person designated by the village, the village may notify the owner or occupant of the violation of division (C)(1) above. This notification will be made by registered mail from the office of the Clerk. If the owner or occupant fails to remove snow or ice within 24 hours of the notification of violation of division (C)(1) above, the village may cause the snow or ice to be removed. The owner (as indicated by the records of the Assessor) of the adjacent property shall then be charged the actual cost of the sidewalk clearance, plus an administrative fee as set out in the fee schedule in Ch. 39 of this code. If that charge is not paid within 45 days, it may be assessed against the parcel under Ch. 32 of this code.
(Prior Code, § 92.41) (Ord. passed 10-3-2000) Penalty, see § 92.99
(A) All ornamental fruit or shade trees now growing or hereafter placed or set out near any sidewalk in the village shall, within 30 days after the passage of this subchapter, be so trimmed by the owner or occupant of the premises next adjacent thereto. Property owners shall see that none of the boughs or branches of the trees shall extend or hang down nearer to or within the distance of ten feet from the level of the surface of the sidewalk, and thereafter, it shall be the duty of the owner or occupant to keep the trees trimmed in the manner aforesaid.
(B) If the owner or occupant shall refuse to trim the trees, the Village Council reserves the right to authorize the DPW maintenance employees to trim the trees in aforesaid manner, with any cost incurred to be paid by the owner or occupant.
(Prior Code, § 92.42) (Ord. passed 10-3-2000) Penalty, see § 92.99
(A) Establishment. The Village Council, upon determination of need, may establish a special assessment district for the raising of funds for the construction and/or repair of essential pedestrian walkways that it deems necessary. Such special assessment districts shall be established in such a manner as to include all properties that are determined to benefit from the construction and/or repair of the pedestrian walkways.
(B) Liability for removal or damage. Any person who removes or damages a portion of a public pedestrian walkway will be liable for all costs of repair or replacement.
(C) Placement of obstacles. It shall be unlawful for any person to place upon the surface of any path or sidewalk within the village any wire, rope, hose, cable or any other substance or material of a nature likely to cause injury to pedestrians or to in any other way render a public pedestrian walkway unsafe. Additionally, it shall be the responsibility of the property (owner) to ensure that all sidewalks are maintained to their full width (that is, clear of grass and other vegetation/debris), and that abutting/overhanging vegetation is cleared to a height of not less than ten feet above the sidewalk and not less than the full width of the sidewalk. Violation of either or both of these provisions shall result in immediate notification by the Code Enforcement Officer and, if not corrected within ten days, may be subject to a fine inclusive of the costs to rectify the issue. However, nothing in this section shall be construed to prohibit the proper authorities from using any usual or proper means of improving such paths or sidewalks.
Penalty, see § 92.99
Any person or entity that violates any provision of this chapter is responsible for a municipal civil infraction punishable by a civil fine not to exceed $500 in accordance with the general penalty provisions in § 10.99 of the village code or as amended. In addition to a civil fine, a person or entity responsible for a municipal civil infraction for a violation of this chapter may be ordered to pay any and all indirect and direct costs incurred by the village in connection with the violation including attorneys fees and/or may be subject to injunctive relief entered by a court of competent jurisdiction intended to compel compliance with the village code. The village may also enforce violations of this chapter by civil actions for injunctive or other relief provided by law or by issuance of municipal civil infraction notices. Every day a violation of this chapter continues to exist shall constitute a separate violation. Violations of this chapter include any act prohibited by this chapter, made or declared unlawful by this chapter, and any omissions or failure to act in compliance with this chapter.
(Prior Code, § 92.99) (Ord. 15, passed 2-15-1994; Ord. 26, passed 3-1-1994; Ord. passed 10-3-2000)