[Adopted 10-31-2023 by L.L. No. 16-2023]
As used in this article, the following terms shall have the
meanings indicated:
Police, fire, ambulance, and Village vehicles.
The owner, tenant, occupant, or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, sublessee, agent, or
any other individual, firm, or corporation directly or indirectly
in control of any private street or part thereof.
A highway, boulevard, concourse, road, avenue, lane, alley,
court, cul-de-sac, drive, or thoroughfare within the Village more
than 12 feet in width, which serves more than one residential dwelling
and which is not owned or maintained on a regular basis by deed, easement,
acceptance of dedication, or prescription by a municipality. In any
prosecution or other proceeding based upon an alleged violation of
this article, it shall be an affirmative defense that the subject
street was owned or maintained on a regular basis by deed, easement,
acceptance of dedication, or prescription by a municipality.
Every person shall be responsible for the following maintenance
of that portion of the private street that adjoins such person's
property:
A.
All private streets shall be maintained in good condition and free
of litter, refuse, and other debris to the extent necessary and reasonable
to afford safe passage for emergency vehicles. To the extent that
tree pruning or removal is required to provide such safe passage,
such pruning or removal shall be subject to the provisions of the
Village's regulation on the preservation of trees.
B.
Within 24 hours after the cessation of a snowfall, the snow shall
be plowed, blown, shoveled, or otherwise cleared from all private
streets to the extent necessary and reasonable to afford safe passage
for emergency vehicles.
A.
Unless such failure prevents the safe passage of emergency vehicles, it shall be a violation of this article if a person fails to comply with § 134-41A within seven calendar days after a directive to comply by the Village Building Department.
B.
During a snowstorm, the snow shall be plowed, blown, shoveled, cleared
of ice, salted and sanded as necessary or otherwise cleared from all
private streets to the extent necessary and reasonable to afford safe
passage for emergency vehicles.
The notice required pursuant to § 134-42 shall be deemed sufficient in any of the following manners:
A.
Hand-delivered to an owner of the property.
B.
Hand-delivered to a person of suitable age and discretion at the
dwelling on the property.
C.
Emailed to the email address provided to any department of the Village
by an owner or resident of the property.
D.
Placed on the front door of the dwelling on the property, if any,
and calling the telephone number provided by the owner or resident
of the dwelling at the last telephone number provided to any department
of the Village and informing the person who answers the telephone,
or leaving a message on an answering device, advising the person of
the notice.
Any person who violates this article shall be subject to the penalties set forth in Chapter 116, Penalties and Liability Through Accessorial Conduct, of this Code.
A.
Upon a person's violation of this article, in addition to any
penalties that may be imposed, if the Village has performed or effectuated
through a third party any of the maintenance for which such person
was responsible, the actual cost thereof shall be charged by the Village
to the owner of the property for which such person was responsible,
and such charge shall become due and payable by the owner at the time
of the Village effecting such compliance.
B.
If all or any part of the work is performed by the Village, the cost
shall include:
(1)
The total cost to the Village of its employees' time, administrative
and labor, including salary, plus the cost of fringe benefits, which
shall include, but not be limited to, health insurance, life insurance,
dental insurance, unemployment, excise, and payroll taxes, retirement
benefits, sick leave, vacation, holiday, and personal time off, to
the extent applicable, as calculated by the Village Clerk. The administrative
time may be set at either $500 or based upon the actual time spent
on the matter; and
(2)
The cost of the Village's General Counsel at its non-retainer
hourly rate.
C.
If the full amount due the Village is not paid within 20 days after
a bill for such maintenance is sent by certified mail, return receipt
requested, to the last owner of record as shown on the Village's
assessment roll, then, and in that event, the Superintendent of Public
Works Department shall cause to be filed in the office of the Village
Administrator a sworn statement showing the cost and expense incurred
for the maintenance, the dates the maintenance was performed, the
location, by section, block, and lot, of the property for which the
maintenance was performed, and the name of the owner of the property
as shown on the Village's assessment roll.
D.
The filing of such sworn statement shall constitute a lien on the
property and shall remain in full force and effect for the amount
due in principal and interest, plus the costs and expenses, including
attorneys' fees, if any, for collection, until final payment
has been made. Such interest shall be charged at the accrued legal
rate of interest per annum from the date of the completion of the
work or for the Village's payment for such work. Sworn statements
filed in accordance with the provisions hereof:
(1)
Shall be prima facie evidence that all legal formalities have been
complied with;
(2)
That the work has been performed to the satisfaction of the Superintendent
of the Department of Public Works; and
(3)
Shall be full notice to every person concerned that the amount of
the statement, plus interest, constitutes a charge against the property
designated and described in the statement and that the same is due
and collectible as provided by law.
E.
In the event that the bill is unpaid when the Village is preparing its next annual assessment roll, the lien shall be added to the assessment roll for the property and collected in the manner fixed by law for the collection of the Village's real property taxes. In that event, interest as provided in Subsection D shall be fixed, and the full amount, with that fixed interest, shall be subject to a delinquent penalty at the legal rate of interest for Village real property taxes in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent.
