Chapter XIII, Section II - Sidewalk Improvements

Sec. 13-2-1.    Purpose and intent.

This Chapter is adopted to allow an orderly procedure and efficient method of repairing and reconstructing portions of Town sidewalks that lie adjacent to private property.  The intent is to assess those improvements for construction repairs and reconstruction to the adjacent property owners who benefit by the increased value of their property due to the proper maintenance of the adjacent sidewalks.  It is further the intent of this Chapter to place the entire responsibility for maintenance and repair of such Town sidewalks fully on the adjacent property owners.  (Ord. 407 §1, 1988)

Sec. 13-2-2.    Order of Town Board.

If the Town Board deems it necessary that any portion of the sidewalk, curb and gutter be constructed, reconstructed or repaired, it may, by resolution, order the same to be done by the owner of the property that lies adjacent to such sidewalk, curb and gutter.  The criteria that the Town shall use in determining whether or not repairs are needed are as follows:

Sec. 13-2-3.    Notice to owner.

The Town Board shall notify the owner of the property adjacent to the sidewalk to be repaired, constructed or reconstructed of the Town Board's order by certified mail and by first class mail postage prepaid to the address of such owner as shown by the records of the County Assessor.  (Ord. 407 §1, 1988)

Sec. 13-2-4.    Owner to repair.

The owner of the adjacent property shall have ninety (90) days to repair or construct the sidewalk, curb or gutter from the date of service of the notice provided in Section 13-2-3 above.  (Ord. 407 §1, 1988)

Sec. 13-2-5.    Town to repair.

If the owner does not repair or construct the sidewalk, curb or gutter within the time prescribed by Section 13-2-4 above, the Town may repair or construct the same and assess the adjacent owner for its costs plus a five-percent administration fee.  (Ord. 407 §1, 1988)

Sec. 13-2-6.    Collection and assessments.

The Board of Trustees may by resolution provide a payment schedule to be followed by property owners in those instances where the Town completes or contracts for the repair or construction.  When the costs of repairs or construction are assessed to the owner, notice thereof shall be given to the owner in the same manner as provided in Section 13-2-3 above and, if the assessment is not paid within thirty (30) days of such notice or within the period provided by a payment schedule (in which case the entire amount of the assessment may be accelerated and become due at once), the Town Clerk shall certify said assessment to the County Treasurer who shall extend said assessment upon the tax roll and collect it in the same manner as other taxes assessed upon said property.  (Ord. 407 §1, 1988)

Sec. 13-2-7.    Civil liability of adjacent property owner.

The owner or owners of property adjacent to Town sidewalks shall be responsible for maintaining the sidewalks free from any defects.  It is the duty of such adjacent property owner or owners to initiate any repairs needed to the sidewalks without the necessity of an order from the Town Board.  Any civil liability arising from the lack of proper maintenance or from a defect in the sidewalks shall be imposed on the owner or owners of the property adjacent to such sidewalk.  (Ord. 407 §1, 1988)