It shall be the duty of the owners of abutting lots and lands to keep the sidewalks, curbs and gutters in good repair.
(a) In the event the Village Superintendent determines that a sidewalk, curb or gutter needs repair, or that a sidewalk, curb or gutter should be constructed, the Superintendent may cause to be prepared plans, specifications and an estimate of the cost of such construction or repair, showing the location and dimensions of such sidewalks, curbs or gutters and the specifications for the construction or repair thereof, and shall file the documents in the office of the Mayor.
(b) The Mayor may present the documents to Council and Council may elect to proceed with the construction or repair of the sidewalk, curb or gutter at Village expense.
(c) The Village Council may declare the necessity for the construction or repair of such sidewalks, curbs or gutters by the adoption of a resolution which shall:
(1) Approve the plans, specifications and the estimate of the cost of the proposed construction or repair on file;
(2) Describe the lots and lands abutting the sidewalks, curbs or gutters to be constructed or repaired by street address;
(3) Set forth that such sidewalks, curbs or gutters shall be constructed or repaired by the owners of the lots or lands abutting thereon in accordance with the specifications on file;
(4) Set forth the time within which such sidewalks, curbs or gutters shall be constructed or repaired by the owners of the lots and lands abutting thereon, which shall be not less than thirty days from the date of service of notice, pursuant to subsection (d) hereof, on the owner of the lots or lands; and
(5) State that in the event such sidewalks, curbs or gutters are not constructed or repaired by the owner(s) of the lots and lands abutting thereon in accordance with such plans and specifications and within the time prescribed in the resolution, the Village will proceed to construct or repair such sidewalks, curbs or gutters and assess the cost thereof against the lots and lands abutting thereon.
(d) Notice of the passage of a resolution of necessity under subsection (c) hereof shall be served by the Clerk of the Village Council, or a person designated by the Clerk, upon the owners of the lots or lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired, in the same manner as service of summons is provided for in civil cases, or by certified mail addressed to such owner at his or her last known address or the address to which his or her tax bills are sent. The notice shall set forth the place where the specifications regarding the construction or repair of sidewalks, curbs or gutters are on file, the time within which the owner may construct or repair such sidewalks, curbs or gutters, and a statement that in the event such owner does not comply, the Village will construct or repair such sidewalks, curbs or gutters and assess the cost thereof against the abutting lots or lands of the owner.
(e) The remedy provided in this section shall be in addition to the penalty provided in Section 1020.99.
(f) Where sidewalks, curbs or gutters exist in the Village, it is the responsibility of the owner of the lots and land abutting thereon to maintain the sidewalks, curbs or gutters in reasonable repair and to keep them reasonably free of obstructions.
(g) In the event that a sidewalk, curb or gutter must be replaced, in whole or in part, due to excessive age or natural deterioration, it is the intent of Council that such condition be remedied at Village expense.
(Ord. 2000-13. Passed 9-5-00.)