Notwithstanding the provisions of section 4-12-2
of this chapter, a structure shall be allowed to remain in the public right of way in perpetuity or may be rebuilt with the permission of the village only if the following conditions are satisfied:
(A) It is determined that the structure was built prior to 1972, as determined by the Riverside preservation commission following evidentiary hearing. The burden of proof of showing a structure was built after 1972 is on the Village, and in instances where the date of construction cannot be conclusively determined as occurring either before or after 1972, the structure may remain in place until the property is sold; or
(B) The owner applies for and receives a hardscape permit pursuant to section 8-13-1
of this code within three (3) months of notification by the Village of the violation; and
(C) The owner of the private property adjacent to the public right of way where the structure is located agrees to: 1) provide general liability insurance on behalf of the village in the amount of one million dollars ($1,000,000.00), and 2) indemnify, defend, and hold harmless the village for any injuries to person or property arising out of or relating to the continued existence of the structure in the public right of way. (Ord. 2231, 6-15-1998; amd. Ord. 4066, 8-17-2023)