(A) It shall be the duty of the owner of the property that is accessed by a driveway to keep the driveway and driveway approach on public right-of-way in good repair and free from obstruction, deterioration and openings. Snow removal from parking areas, driveway and driveway approaches is the responsibility of the owner of the property adjacent the parkway where the parking area, driveway or driveway approach is located.
(B) In the event it becomes necessary for the village or its contractors to perform any maintenance or repairs within the village right-of-way (R.O.W.), the owner agrees that by obtaining a permit, the village or its contractors may remove or dig up the “nonstandard pavement” defined as brick pavers or stamped concrete/bituminous asphalt, without notice to the owner. In this event, neither the village nor its contractors have any obligation to replace, repair or otherwise reconstruct the non-standard pavement; the responsibility and the cost thereof shall be the obligation of the owner. The Director may, however, authorize a partial cost reimbursement which would reflect the village’s cost to repair only the disturbed portion of the non-standard pavement. The reimbursement will be based on the current village secured unit cost for asphalt or concrete based on existing conditions. The owner understands, acknowledges and accepts any and all responsibility for repair, restoration and any and all other work necessary to restore non-standard pavement as a result of village damage during use or access of public R.O.W. shall be owner’s responsibility. The village shall have no responsibility under any condition for repair or restoration of non-standard pavement.
(Ord. 2014-23, passed 6-16-14) Penalty, see § 50.99