(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURBS AND GUTTERS. The area immediately adjacent to the improved portion of the street or highway right-of-way and constructed in accordance with the Standard Plans for Public Works Construction approved and adopted by the town, March 12, 2001.
OWNER. The person or persons who hold the legal title to a parcel of ground as recorded in the records of the County Recorder’s Office in which the property is located.
TOWN. The Town of Winamac, Indiana.
(B) (1) The owner of each parcel of ground adjacent to any street or highway shall install, repair, replace and maintain curbs and gutters in good order as directed by the town.
(2) All curbs and gutters shall be in accordance with the Standard Plans for Public Works Construction approved and adopted by the town, March 12, 2001.
(3) All curbs and gutters shall be installed, repaired, replaced and/or maintained as the town shall determine in its discretion.
(C) (1) The costs of installation of curbing and gutters shall be born by the owner and the town as follows:
(a) The town shall be responsible for the materials necessary to install the curbing and/or gutters.
(b) The owner shall be responsible for the costs of labor necessary to install the curbing and/or gutters.
(2) In the event the town shall determine, as part of a project, that a portion of the streets and highways under its jurisdiction need to have the curbs and/or gutters repaired, replaced or installed, the town shall notify the owners of the parcels affected of the plan, shall contract for the repair, replacement and/or installation of the curbs and/or gutters and, after determination of the cost for the curbs and gutters, shall assess each owner the proportionate share of the cost for labor for the repair, replacement and/or installation according to number of linear feet of curb of the owner's land to the overall length of the project.
(3) In the event that an owner’s share of the cost for installation, repair or replacement of curbs and/or gutters shall be $200 or less, the owner shall, within 30 days, pay the assessment in full to the Clerk-Treasurer.
(4) In the event that an owner’s share of the cost for installation, repair or replacement of curbs and/or gutters shall exceed $200, the owner shall, within 30 days, arrange with the Clerk-Treasurer to pay the assessment in equal monthly installments over the next ten months.
(D) (1) Any owner who shall desire to repair, replace or install curbs or gutters along any street or highway under the jurisdiction of the town, shall file a written application in the Office of the Clerk- Treasurer prior to commencing any alteration or installation.
(2) At the time the written application is filed in the Office of the Clerk-Treasurer, the owner shall pay a fee of $15, which fee shall be deposited by the Clerk-Treasurer in a fund to be used for offsetting the costs of processing the application for the permit and for purchasing the materials for the curbs and/or gutters.
(3) Upon receipt of the application, the town shall provide the owner with a copy of the Standard Plans for Public Works Construction approved and adopted by the town, March 12, 2001.
(4) Upon installation, repair or replacement of the curbs and/or gutters, the town shall inspect the curbs and/or gutter to ensure installation, repair or replacement is done in accordance with the Standard Plans for Public Works Construction approved and adopted by the town, March 12, 2001.
(5) Any installation, repair or replacement of curbs and/or gutters shall only be done in accordance with specifications, and the owner shall remove any the curb and/or gutter not installed, repaired or replaced in accordance with the specifications at the owner’s sole cost for both materials and labor.
(6) In the event that the town shall determine as part of a project that a portion of the streets and highways under its jurisdiction need to have the curbs and/or gutters repaired, replaced or installed, the town may waive the permit fee required in this section for the owners affected by the project.
(Ord. 7 of 1996, passed 8-12-96; Am. Ord. 5 of 2008, passed 5-12-2008)