[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 12-14-1929 by Ord. Nos. 4 and 5 (Ch. 154 of the 1982 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
The Board of Trustees may from time to time, by resolution, and after public hearing, require the construction or repair of sidewalks or curbs along streets, roads, highways and parkways in the Village, as well as the construction of sidewalks along state highways within the Village, and the repair of sidewalks constructed by the state along state highways in the Village, at the expense of the abutting owners or otherwise.
No sidewalk, curb or gutter shall be constructed or permitted to be constructed or repaired along any street, road, highway or parkway in the Village unless such construction shall be of concrete and conform to the lines and grades furnished by the Village and in conformity with all of the specifications and requirements established by rules and regulations of the Board of Trustees.
Unless constructed pursuant to a site plan or subdivision plan approved by the Planning Board, no sidewalk, curb or gutter shall be constructed or repaired, or work thereon commenced, until the owner of the premises in front of which such sidewalk, curb or gutter is to be constructed or repaired, or the authorized agent of the owner, shall have obtained a permit therefor. Applications for such permits shall be made in writing in such form as may be required by the Village. No permit shall be issued without the approval of the Code Enforcement Officer endorsed thereon, unless so directed by resolution of the Board of Trustees. Such permit shall specify the lines or grades of such sidewalk, curb or gutter and such other direction as circumstances may require. The permit required herein shall be in addition to any permit required pursuant to regulations for street openings or obstructions.
Whenever the Board of Trustees directs the abutting owners of the respective lots or parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired to construct the same in accordance with this chapter, the Board of Trustees shall specify the place, manner and time within which such construction or repair shall be done, which time shall not be less than 48 hours.
The Village Clerk shall publish a notice thereof in the official newspaper at least twice, the first publication of which shall be at least 15 days before the time specified before the completion of the work, and the Village Administrator shall serve a copy of such notice by registered mail upon the owner or owners, occupant or occupants of the land in front of which it is desired that such construction or repair shall be done.
Whenever a notice or notices referred to in § 186-4 hereof has been or have been served upon the owner or owners of the respective lots and parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired, and such owner or owners, occupant or occupants shall not cause the construction or repair to be made to the sidewalk or curb as required by the notice, the Board of Trustees may authorize and direct such construction and repair to be made as required by the notice, and the expense of such construction and repair shall be a charge upon the property owned by the persons otherwise required pursuant to this chapter to perform such construction or repair. Such charge shall be imposed in the same manner as applicable to a charge for real property taxes upon the property.
The owner or owners, occupant or occupants required to construct or repair a sidewalk or curb pursuant to this chapter shall obtain a permit therefor as provided in this chapter. If the location where the construction or repair is to be made shall be upon a state highway, where the sidewalks or curbs have been constructed by the state, the permit shall be obtained from the Highway Division of the State Department of Public Works in accordance with the rules and regulations of that Department. The Code Enforcement Officer may require such bonds or deposits and issue such permit subject to such terms and conditions as may be necessary for the protection of Village or other public property.
Whenever such construction and repair is made by contract from the Village, as provided in this chapter, no permit shall be required for such work.
The Village shall be reimbursed for the cost of building, relaying or repairing any sidewalk or curb, when made as provided in this article, by the owner or owners of the respective lots and parcels of land in front of which such construction or repair was made, by assessment upon and collection from the lots or parcels of land termed benefited by such construction or repair, so much of the actual and complete cost upon and from each such lot or lots as shall be in just proportion to the amount of benefit which the improvements shall confer upon the same and collected in the same manner and at the same time as other ad valorem charges.
Every owner or occupant of any property adjacent to a sidewalk shall, during the winter season or during the time snow shall continue on the ground, keep the sidewalk in front of such property free from obstruction by snow or ice and icy conditions, and shall at all times keep such sidewalk in good and safe repair and maintain the same clean, free from filth, dirt, weeds or other obstructions or encumbrances.
It shall be unlawful for any person to deposit, drop, throw or otherwise dispose of paper, debris or refuse of any nature whatsoever upon any sidewalk, street, parking area or public place in the Village.
No person, firm, association or corporation who is owner, occupant or lessee of any premises abutting on any street, road, highway or parkway in the Village shall place, keep, permit or suffer to be kept on any sidewalk in front of, adjoining or adjacent to such premises any goods, wares, merchandise, boxes, barrels, display signs or material things of any kind or description or in any manner obstruct any such sidewalk or in any manner obstruct or interfere with the use of any such sidewalk, but nothing contained herein shall prevent persons from placing goods, wares, merchandise or household furniture on the sidewalk temporarily while loading or unloading the same, provided that it be done without unnecessary delay and provided that such goods, wares or merchandise are not allowed or permitted to remain on such sidewalk within the prohibited area for a period longer than one hour.
No motor vehicle shall park, stop or stand upon or otherwise obstruct any sidewalk, driveway apron or handicapped access ramp within the unincorporated area of the Village.
No owner, tenant or occupant of premises abutting a public street, sidewalk or right-of-way shall utilize any portion of that public street, sidewalk or right-of-way in connection with or in furtherance of a business, trade or occupation being conducted on such premises. This section shall not be construed to prohibit the use of a public street, sidewalk or right-of-way for access for such purpose as may be specifically and explicitly permitted by applicable law. By way of illustration, the prohibition in this section shall apply to, among other things, the repairing of automobiles in the street, the installation or repair of automobile equipment or accessories, the drying or cleaning of cars in a street, or welding or other similar activities.