(a) Determination of hazardous condition - The building official, or his designee, or the director of public services, shall determine a sidewalk hazard exists when one or more of the following conditions exist:
1. Vertical cracks, upheaval or settlement greater than one inch.
2. Horizontal cracks or joint separation greater than one inch.
3. Tilted sections, if tilted greater than two inches in any direction of a five-foot by five-foot section.
4. Spalled or pitted sections of greater than 25 percent of the surface or holes that are greater than three-inch diameter.
(b) Notice to property owner - A notice of the hazardous sidewalk condition will be given or sent to the responsible property owner. Such notice shall indicate the location and nature of the hazard and a time limit for repair or replacement. Thereafter, it shall be the duty of the owner to place the sidewalk in a safe condition. Such notice shall specify a reasonable time, not less than 14 days, within which such work shall be completed with due diligence.
(c) Methods for serving notice - Notice regarding sidewalk repairs shall be served in the following manner:
(1) By delivering the notice to the owner personally or by leaving such notice at the owner's residence, office, or place of business with some person of suitable age and discretion.
(2) By mailing the notice by certified or registered mail to such owner at his last known address.
(3) If the owner is unknown, by posting the notice in some conspicuous place on the premises at least 15 days before the required work shall be completed. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any village official, unless permission is given by such official to remove the notice.
(d) Recourse for noncompliance - If the property owner does not repair the sidewalk within the time limit specified in the notice or in a manner otherwise than in accordance with this article, the Village Manager shall have the sidewalk repaired. If the Village Manager determines that an emergency exists and that immediate repair is necessary to protect the public, he may dispense with the notice and institute the repairs immediately. In any event, the cost of repairs under this section shall be charged against the property which adjoins the sidewalk and shall be paid by the owner of the property. If not paid, the cost of repairs shall be collected as provided for in chapter 66, pertaining to special assessments.
It is the property owner's responsibility to keep sidewalks clear of snow, ice, earth, and other substances. Failure to remove such substances will result in a citation. The Village will also have the condition abated and charge the property owner for all costs.
Reference Village code of ordinances, Chapter 70, Article III, Sec 70-62 Sidewalk Maintenance