§ 92.61. NOTICE TO REPAIR OR CONSTRUCT; ACTION BY VILLAGE.

(A) Whenever Council, by resolution, declare the necessity for the construction or repair of the sidewalk in and on any street in front of or adjacent to private property, the resolution shall state the names of the owners, their addresses and the location of the construction or repair. The Village Clerk shall cause to be prepared two notices. The first notice shall be a notice sent to the property owners affected, and the second notice shall be a notice for public hearing, which notice will notify the public at-large of the intention of the village to make the sidewalk improvements and to charge the cost thereof against the abutting property owner. The form of the notice sent to affected owners shall set forth the owners assessed, the estimated amount of sidewalk to be repaired or replaced, any new sidewalk to be installed and an estimated amount for the work. The notice shall also state that the property owner may cause the work to be done at his or her expense in conformity with the plans and specifications on file in the office of the Village Clerk, provided that this work is completed by a date to be determined by Council after the date of the public hearing. The notice shall also include the public hearing notice. The form of the public hearing notice shall state the time and place at which the Council shall meet for the purpose of reviewing the list of sidewalks so affected and hearing any persons so assessed who consider himself or herself aggrieved thereby. The public notice shall not contain the list of sidewalks so affected, but shall make reference that the list may be reviewed at the Village Clerk's office prior to the hearing. The notice to property owners shall be sent at least ten days prior to the date of the hearing by Council, and the Clerk shall notify the owners by first class mail, so far as the same are known and as shown on the tax rolls of the village. The Village Clerk shall cause the public notice to be published, once in a newspaper of general circulation in the village at least ten days before the public hearing.

(B) At the time and place designated in the notice for public hearing, the Council shall meet and hear all persons interested or affected in the construction or repair of sidewalks within the village, and shall consider all objections either given orally at the public hearing or filed with the Village Clerk. At the time and place, the Council shall review the resolution of necessity and the list of owners affected. The Council may alter, change or correct the same if necessary or may refer the list set forth in the resolution back to the Village President and/or Manager for revision. However, in altering, changing or conflicting the list set forth in the resolution, the Council shall not add any other sidewalk construction or repair not included in the original resolution, except as is necessitated during on-site construction or upon the approval of the affected property owner. Further, the Council may adjourn and continue the hearing from time to time. When the list set forth in the resolution has been set and confirmed by the Council, the Council shall, by resolution, approve the resolution of necessity and authorize the Village President and/or Manager to commence work on the construction or repair of sidewalks so affected. The Village Manager shall authorize additional sidewalk repair and/or replacement when, during construction, it is found that the repairs and/or replacement is necessary due to on-site inspection, or at the request of the property owner to enlarge the affected area for repair and/or replacement. A change made under these circumstances shall not require further Council approval or a corrected resolution.

(C) If the property owner fails to cause the work to be done within the time allotted by the Council after the date of the public hearing, then the Village President and/or Manager shall proceed to have the work done and shall bill the property owner. The method of payment to be made by the property owner shall conform to § 92.60.

(Ord. 33, passed 7-10-2000)