(65 ILCS 5/9-2-40) (from Ch. 24, par. 9-2-40)
Sec. 9-2-40.
Whenever the owners of one-half of the property abutting on
any street, alley, park, or public place, or portion thereof, petition for
any local improvement thereon, the board of local improvements in any
municipality shall take steps hereinbefore required for hearing thereon,
but at that hearing shall consider only the nature of the proposed
improvement and the cost thereof. The board shall determine, in the manner
above provided, the nature of the improvement which it will recommend, and
thereupon shall prepare and transmit to the corporate authorities a draft
of an ordinance thereof, together with an estimate of the cost, as above
described, and shall recommend the passage thereof. Such a recommendation
shall be prima facie evidence that all the preliminary steps required by
law have been taken. Thereupon it is the duty of the corporate authorities
to pass an ordinance for that improvement and to take the necessary steps
to have the ordinance carried into effect.
Whenever an ordinance provides only for the building or renewing of any
sidewalk, and the owner of any lot or piece of land fronting on that
sidewalk builds or renews that sidewalk opposite to his land to conform in
all respects to the requirements of that ordinance within 40 days after the
ordinance takes effect, an allowance shall be made in the spreading of the
assessment against that lot or piece of land of an amount equal to the
estimated cost of that sidewalk, based on the cost per unit of the sidewalk
as shown in the engineer's estimate.
Notice of the passage of such a sidewalk ordinance shall be sent by mail
within 10 days after the ordinance takes effect to the person who paid the
taxes on the premises for the last preceding year, in which taxes were
paid, if he can be found in that county. A like notice addressed to the
occupant of the property, if the property is actually occupied at that
time, and an affidavit of such service shall be filed with the official
report of the assessment. Such an affidavit shall be prima facie evidence
of a compliance with these requirements.
(Source: Laws 1961, p. 576.)
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