(a) It shall be the responsibility of the Village Administrator, or his or her designated representative, to supervise construction or repair of sidewalks within the Village, to include the issuance of permits, the inspection of sidewalks, the supervision of repairs to and maintenance of sidewalks, and establishing specifications for the construction and location of new sidewalks.
(b) No person shall construct, replace or repair, or cause to be constructed, replaced or repaired, any sidewalk on any public way within the Village without first obtaining a permit therefor from the Village Administrator.
(c) Whenever the Village Administrator finds that any sidewalk should be constructed, he or she shall cause the owner of the abutting property to be notified in writing, to have the necessary construction, reconstruction or repairs made. Such notice shall be served on the owner of his or her agent in the manner provided by law for the service of summons in civil action. For the purpose of such service, any person charged with the collection of rent or the payment of taxes on the property, or having general control of it in any way, shall be considered the agent of the owner. Construction shall be completed within 60 days from the date of service of notice, unless the time shall be extended by the Village Administrator.
(d) The Village Administrator, or his or her designated representative, shall inspect all sidewalks every two years from February, 2007 or more frequently as he or she shall determine necessary or advisable. In determining whether any sidewalks are in need of repair or replacement, the Village Administrator shall consider all relevant conditions and factors, singly or in combination, including those "Hazards" as included in Section 1020.11(b).
(e) The property owner(s) shall be responsible for making the sidewalk repair or replacement as set forth in the inspection statement or notice. This responsibility includes contacting the owner's contractor and paying for such contractor's services. The responsibility also includes compliance with division (b) hereof regarding obtaining a permit. Upon completion of the sidewalk repair or replacement, the property owner shall contact the Village Administrator for his or her approval of the work done.
(f) If the property owner or his or her agent fails or refuses to comply with notice to construct, repair or replace a sidewalk, the Village may adopt a Resolution of Necessity that includes the following:
(1) Declare the necessity of the construction, repair or replacement of certain sidewalks;
(2) Approve the plans, specifications and estimate of cost of the proposed construction, repair or replacement;
(3) Describe the lots or lands abutting upon the sidewalks to be constructed, repaired or replaced by the street address;
(4) Set forth that such sidewalks shall be constructed, repaired or replaced by the owners of the lots or lands abutting thereon in accordance with the specifications on file in the office of the Village Clerk-Treasurer;
(5) Set forth the time within which such sidewalks shall be constructed, repaired or replaced by the owners of the lots and land abutting thereon, which shall not be less than 30 days from the date of service of notice under division (g) herein on the owner of the lots or lands;
(6) State that in the event such sidewalks are not constructed, repaired or replaced by the owners of the lots or lands abutting thereon in accordance with such plans and specifications an within the time period prescribed in the Resolution, the Village will so repair or replace such sidewalks and assess the costs thereof against the lots and lands abutting thereon.
(g) Notice of the passage of the Resolution of Necessity under division (f) shall be served by the Clerk-Treasurer or a person designated by the Clerk-Treasurer, upon the owners of lots or lands abutting upon the sidewalks to be constructed, repaired or replaced in the same manner as service of summons in civil cases, or by certified mail addressed to such owner at his or her last known address or the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of service or the return of certified mail notice that one or more of the owners cannot be found, such owners shall be served by publication of the notice in a newspaper of general circulation within the Village. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him or her shall be prima facie evidence of the service of notice under this section. The notice shall also set forth the place where the specifications governing the repair or replacement of such sidewalks are on file, the time within which the owner of such lot or parcel of land may construct or repair the sidewalks and that in the event the owner does not construct, repair or replace the sidewalks in accordance with the specifications and within such time, the Village will repair or replace such sidewalks and assess the costs thereof against the lot or land of the owner.
(h) In all proceedings pertaining to the construction or repair of sidewalks under this section, sidewalks abutting upon lots or lands owned by different owners may be included in the same Resolution, notice, contract, ordinance or other proceedings.
(Ord. 958-09. Passed 6-8-09.)