A. Responsibility of Subdivider to Remove Snow:
1. This Section is to insure that the residents of completed units in a subdivision will be provided with adequate snow removal service by the subdivider to assure the resident of access to his unit prior to acceptance of the street by the Village.
2. Snow Removal Required: Prior to acceptance of a street within a subdivision by the Village, it shall be the responsibility of a subdivider to conduct snow removal operations on such street so as to provide access to the residents of all units at such times and in such manner so as to maintain access at all times to all completed units.
3. Penalties: Any person violating the provisions of this Section shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day the offense continues to occur. (Ord. 0-78-91, 4-13-78)
B. Snow Removal by Village: If any street, prior to approval and acceptance thereof, becomes a necessary access route to reach lawfully occupied residences, the Village may enter upon such street to perform snow plowing and removal subject to the following conditions:
1. If the subdivider has not provided snow plowing and removal service necessary to provide a reasonable access route to lawfully occupied residences within twelve (12) hours after an accumulation of two inches (2") of snow or more, the Village may enter upon such street and perform snow plowing and removal service, and shall be entitled to reimbursement for the costs thereof. Such performance of snow plowing and removal shall not constitute an acceptance and/or approval of a street by the Village.
2. The Village will bill the subdivider for the actual cost incurred for the snow plowing or removal and an additional ten percent (10%) charge for administrative costs. If payment in full is not made by the subdivider within thirty (30) days after receipt of such billing, the Village may take the necessary action to obtain payment from the completion bond that the subdivider is required to post under the provisions of subsection 11-2-2B9a of this Title.
3. The subdivider shall execute a document in a form supplied by the Village authorizing snow plowing and removal service by the Village pursuant to the terms of this subsection, and further stating that snow plowing and removal service performed hereunder will not constitute approval and/or acceptance of any street by the Village.
4. Nothing in this subsection shall limit any other lawful cause of action available to the Village. (Ord. 0-79-135, 8-9-75)