(A) (1) Any person desiring to construct, or cause to be constructed, or to remove any sidewalk shall do so only as provided in this subchapter.
(2) It shall be unlawful for any person to construct or remove any sidewalk without first obtaining a permit. Said owner shall make application in writing for a permit and file such application in the office of the Village Clerk. The permit shall give a description of the lot or piece of land along which the sidewalk is to be constructed or removed.
(3) (a) As to a permit to construct a sidewalk, the Board of Trustees shall issue the desired permit unless good cause shall appear why said permit shall be denied.
(b) As for a permit for removal, no sidewalk shall be removed until the procedure in division (B) below has been compiled with and the Board of Trustees makes a determination thereon.
(B) The procedure to remove is, to wit:
(1) When an application for removal is filed with the Village Clerk, the application must be accompanied with a certified list of property owners of record and their addresses, if available, and if not available, the addresses of the occupants of the premises, if tenanted, in a linear direction from the subject sidewalk for a distant of not less than 200 feet.
(2) Prior to the Board of Trustees voting on approving an application to allow sidewalk removal, the applicant shall notify each of the property owners of record or the occupant thereof that the application has been filed and the date and the time the matter has been placed on the agenda of the Board of Trustees. Said notifications may either be mailed by United States mail, postage prepaid, to said individuals not less than ten days before the hearing or delivered in person by the applicant. The applicant shall file a certificate with the Village Clerk verifying that the notifications were mailed and the names, addresses and dates of mailing, or provide the Village Clerk with acknowledgements signed by said individuals of their receipt of notice of said matter.
(3) (a) At the meeting, the Board of Trustees shall make a determination if the provisions pertaining to the removal of the sidewalk have been complied with in all respects and particulars. In addition, the Board of Trustees shall:
1. Determine that there will be no negative or detrimental effect upon the surrounding properties;
2. Determine that there is no longer a need for continued existence of the sidewalk;
3. That the removal of the sidewalk will result in a positive change; and
4. That the removal of the sidewalk, in addition to the foregoing, would not detrimentally effect the general planning program and comprehensive plan of the village.
(b) All burdens and obligations meeting the foregoing are upon the applicant. The Board of Trustees shall then either approve or deny the issuance of the permit for the removal of the sidewalk.
(C) It shall be unlawful for any person to construct or cause to be constructed said sidewalk at any other location, grade or elevation than so designated by the municipality. All sidewalks shall be built and constructed on the established grade or elevation, and if there is no established grade, then on a grade or elevation indicated and approved by the Board of Trustees.
(Ord. passed - -; Ord. 622, passed 8-14-2017) Penalty, see § 10.99