(a) A voluntary program for sidewalks, curb, and/or gutter improvements is herein established for the Village.
(b) The Service Department Supervisor shall be the administrator of the program enacted herein.
(c) The intent of the program is to allow any and all property owners within the Village to have their sidewalks (along Village streets), curbs, and/or gutters improved under standard Village specifications contained in other applicable ordinances, under the following rules and regulations:
(1) The property owner or adjoining property owners shall apply in writing, on forms prescribed by the Service Department Supervisor, for admission into the program.
(2) The Service Department Supervisor shall thereafter, and as soon as is convenient, review the site of the proposed improvement, and issue the property owning applicant(s) an estimated maximum assessment of material costs and an estimated cost of labor. The notification should state the following rules and regulations of the program:
A. The property owner shall pay the assessment of material costs either forthwith or within thirty day of the completion of the improvement.
B. The Village shall cover the estimated cost of labor, provided the property owner pays the material cost assessment within the completion plus the thirty day stipulated time frame above.
C. Failure to pay the material cost assessment within the completion plus the thirty day stipulated time frame will cause the entire improvement cost (material and labor) to be certified over to the Preble County Auditor and Treasurer to be collected on the tax duplicate, with a twenty percent (20%) penalty added thereon.
D. The Village will complete the improvement as soon as it is practicable for its labor force, and on a priority list of applicant(s) in order of their application dates.
E. The Village is in no way warranting or guaranteeing the quality of its performance in the improvement project.
(3) When the applicant(s) have reviewed the proposed improvement and assessment, the applicant(s) shall all sign a form prescribed by the Service Department Supervisor agreeing to pay the maximum assessment of material costs forthwith or within thirty days of the completion of the improvement. The form should further specify that failure to so pay shall cause all costs of the improvement (material and labor), to be certified to the County tax duplicate for collection, with a twenty percent (20%) penalty added thereon.
(4) When each and every applicant to an improvement for sidewalks, curbs, and/or gutters has signed the necessary forms agreeing to the voluntary assessment mentioned above, the Service Department Supervisor shall file the forms with the Village Clerk. The forms will be brought before Council at the earliest convenient time, and upon Council's approval of the improvement project, the improvement shall be made under the supervision of the Service Department Supervisor.
(5) Upon completion of the improvement, the Service Department Supervisor shall advise all property owners assessed for the improvement the amount of their assessment, in writing, and the deadline date for payment of the assessment at the Town Hall Village Offices. This notification can be by certified mail, regular mail, personal or hand delivery, and/or tacking on the property owner's building.
(d) The Mayor is authorized to prescribe any other rules and regulations necessary to carry out the terms and intent of this program. Any rules and regulations so prescribed shall be filed with the Village Clerk and a copy given to the Service Department Supervisor and each Council member.
(Ord. 1989-16. Passed 5-2-89.)