A. Structures or uses in place as of the date of adoption hereof will generally not be subject to forced removal, subject to the following:
1. That they are not deemed to be a danger to the public. The superintendent of public works shall determine whether a structure is a danger to the public using the following criteria:
a. The structure or use is not maintained in a safe manner;
b. The structure or use is so located that it impedes snow removal operations;
c. The structure or use is so located that it impedes free flow of traffic;
d. The structure or use is so located that it impedes the access to public property;
e. The structure or use is so located that it causes or helps to cause drainage problems in the general area; or
f. The structure or use does not otherwise affect the health, safety, or welfare of persons or property.
2. That the owner accepts all liability that may arise because of the said structure and agrees to indemnify the village, in writing, for all resulting damage or injury because of the presence of the structure in the right of way.
3. That the owner agrees to remove the structure or use at his expense if the structure is deemed to be a danger to the public or is impeding roadway or utility work. If an owner fails to remove such an item upon notice, the superintendent of public works or his designee may direct to remove the same and the village shall not reimburse the property owner for the loss caused by the removal and disposal of said structure. The property owner shall be responsible and reimburse the village for the cost incurred for removal of any structure.
4. Any person notified by the village to remove a structure, use or object from the right of way may appeal to the village board of trustees pursuant to the requirements of section 8-4-26 of this chapter. (Ord. 2011-08, 3-21-2011)