§ 78-7. Curbs and gutters.

(a)

Establishment. The grade of all curbs and gutters shall be established by the village board, and such grade shall be established on as-built plans on file in the department of public works. No curb or gutter shall be worked until the grade is established.

(b)

Alteration of grade. No person shall alter the grade of any curb or gutter or any part of such curb or gutter unless authorized or instructed to do so by the village board.

(c)

Abutting owner to construct. It is the intent of the village board to require curbs and gutters on all streets throughout the village where such curbs and gutters will provide a physical improvement to define the street area, prevent vehicles from traveling onto private property, direct the flow of stormwater on the street and away from private landscaping where no roadside ditch is present and to minimize damage to village snow plows. Curb and gutter maintenance or replacement will not be the responsibility of the property owner. Curb and gutter repair will be the responsibility of the property owner if the village determines that the property owner is solely responsible for damage to the curb or gutter. The abutting property owner shall construct the curb and gutter along or upon any street in the village and shall pay the entire cost of such construction, except that on corner residential and industrial lots the village shall pay 50 percent of such costs attributable to that portion of curb and gutter which extends along the short side of any such lot and except that on lots abutting on two streets, and which lots cannot be divided under village zoning regulations, the owner shall be assessed only for that portion of such lot which constitutes the front. The village shall be the sole judge of which portion of such lots constitute frontage. On curved streets the abutting property owner shall pay the entire cost of such construction.

(d)

Notice.

(1)

Service. Such notice shall be in writing and shall be served personally on the owner or his agent, and in case the owner or agent cannot be found, such notice shall be published in the official newspaper and a copy of the notice mailed to the owner's last known address.

(2)

Contents. Such notice shall specify that the curb and gutter shall be constructed in accordance with subsection (e) of this section.

(e)

Specifications. All curbs and gutters shall be constructed in accordance with specifications established by the village which shall be on file for inspection in the clerk's office.

(f)

Permits.

(1)

When required. No person shall lay, remove, replace, raise, lower or repair any curb and gutter without first obtaining a permit therefor from the department of public works director unless ordered to do such work in accordance with subsection (d) of this section.

(2)

Fee. The fee for such curb and gutter permit shall be set by resolution of the board and shall be paid to the clerk at the time of application.

(3)

Application and issuance. The department of public works director shall receive all such applications and issue such permit.

(Code 1991, § 8.08)