ORDINANCE
#10B
CONSTRUCTION, REPAIR AND MAINTENANCE
WHEREAS,
the Board of Trustees of the Town of Odon previously promulgated Ordinance No.
10 regarding the construction, repair and maintenance of sidewalks within the
Town of Odon; and
WHEREAS,
it has become necessary to amend said Ordinance to insure its compliance with
current statutes within the State of Indiana, and therefore, it being the
determination of the Board of Trustees that a new Ordinance shall be promulgated
thereby superseding Ordinance No. 10
NOW,
THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ODON AS
FOLLOWS:
Section
1 That any
individual(s), corporation or other entity which desires to construct a sidewalk
within the corporate boundaries of the Town of Odon shall submit plans for same
to the Board of Trustees of the Town of Odon for their approval prior to
initiating construction of any said sidewalk. Said sidewalk construction must
comply with then existing State and Federal regulations as well as any standards
promulgated by the Town of Odon, if any.
Section
2 The Town
Board shall have the responsibility, duty and right to order any landowner to
construct a new or repair an existing sidewalk if, m the collective wisdom of
the Town Board, such construction or repair is deemed in the public interest,
for the good of public safety, to insure compliance with any and all Federal and
State standards and regulations or to be in compliance with any regulation
promulgated by the Town of Odon, if any.
Section
3 That the
Town of Odon shall designate a representative from the Town of Odon to oversee
the construction and/or repair of said sidewalk to insure that it is in
compliance with the plans previously submitted as required in Sections 1 and 2
of this Ordinance, or the repair of an existing sidewalk being effectuated at
the request of the Town of Odon or voluntarily by any landowner.
Section
4 Any
notices required by any provision of this Ordinance shall be by certified mail
to the record landowner of the real estate upon which said sidewalk is or is to
be situated.
Section
5 Any
individual(s), corporation or other entity which does not comply with the
provisions of this Ordinance shall be deemed to have committed a Class C
infraction and may be fined in a sum not to exceed $500. In the event the Town
of Odon incurs expenses reconstructing, repairing or in any manner completing
the construction or repair of any sidewalk, such expenses shall be deemed the
responsibility of the landowner and the Town of Odon shall record or cause to be
recorded the appropriate mechanic's lien and enforcement of same pursuant to the
statutes of the State of Indiana may be pursued by said Town. The Town
alternatively may pursue in addition to enforcement of its mechanic's lien the
individual(s), corporation or other entity in a court of competent jurisdiction
and any individual found to have contravened any provision of this Ordinance
shall be responsible for a fine as hereinabove set forth, court costs incurred
by the Town of Odon enforcing the provisions of this Ordinance, and legal
expenses incurred in effectuating the enforcement of this Ordinance.
Section
6 This
Ordinance shall be in full force and effect from and after its passage by the
Board of Trustees of the Town of Odon, and the publication of said Ordinance as
required by the statutes of the State of Indiana.
IT
IS SO ORDAINED AND PASSED this 14th day of October 1996.
Ralph
Quarles, President
Ron
Bell, Member
Richard
Cottrell, Member
Attest:
Opal McDannald, Clerk-Treasurer