§ 26-33. Sidewalk construction and repair by village; expenses.

(a)

Authority of village board. The village board may by ordinance or resolution determine where sidewalks shall be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks. The standard may be different for different streets. The village board may order by ordinance or resolution sidewalks to be laid as provided in this subsection.

(b)

Notice. A copy of the ordinance, resolution or order directing the laying, removal, replacement or repair of sidewalks shall be served upon the owner, or an agent, of each lot or parcel of land in front of which the work is ordered.

(c)

Service. The board president, public works director or village clerk may serve the notice as directed by the village board. Service of the notice may be made by personal delivery, by certified or registered mail, or by publication. Service by publication shall be by publication in the official newspaper as a class 1 notice, under Wis. Stats. ch. 985, together with mailing by first class mail if the name and mailing address of the owner or an agent can be readily ascertained.

(d)

Default of owner. If the owner neglects for a period of 20 days after service of notice under subsection (c) of this section to lay, remove, replace or repair the sidewalk, the city may cause the work to be done at the expense of the owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided in Wis. Stats. § 62.15(1).

(e)

Minor repairs. If the cost of repairs of any sidewalk in front of any lot or parcel of land does not exceed the sum of $100.00, the public works director, if so required by the village board, may immediately repair the sidewalk, without notice, and charge the cost of the repair to the owner of the lot or parcel of land, as provided in this section.

(f)

Expenses constitute special tax. The public works director shall keep an accurate account of the expenses of laying, removing and repairing sidewalks in front of each lot or parcel of land, whether the work is done by contract or otherwise, and report the expenses to the village clerk. The amount charged to each lot or parcel of land shall be entered by the village clerk in the tax roll as a special tax against the lot or parcel of land and collected like other taxes upon real estate.

(g)

Installment payments. The village board by resolution or ordinance may provide that the expense incurred may be paid in up to ten annual installments and the village clerk shall prepare the expense statement to reflect the installment payment schedule. If annual installments for sidewalk expenses are authorized, the city clerk shall charge the amount to each lot or parcel of land and enter it on the tax roll as a special tax against the lot or parcel each year until all installments have been entered, and the amount shall be collected like other taxes upon real estate.

(Prior Code, § 7.02(1))

State law reference

Similar provisions, Wis. Stats. § 66.0907.