903.03 EXISTING SIDEWALKS TO BE KEPT IN REPAIR.
   (a)   In addition to the requirements of other applicable ordinances, (including, but not limited to, Section 521.06), every owner of real estate in the City abutting an existing sidewalk shall be required to maintain such sidewalk in good repair. (Ord. 64-90. Passed 10-2-90.)
   (b)   The Director of Engineering or his duly authorized representative shall conduct a survey of the sidewalks of the City from time to time in those areas of the City in which the most need for sidewalk replacement exists. He shall determine the need for repair or replacement of sidewalks based upon the City sidewalk standards and the following criteria:
      (1)   Mis-alignment: A sidewalk shall be considered mis-aligned if it is not uniform or constant, by more than two inches laterally in each four foot or five foot block. That portion of the sidewalk that is mis-aligned shall be replaced.
      (2)   Drainage: There shall be adequate drainage from the surface of the sidewalk. The Director of Engineering may require the replacement or repair of a portion of sidewalk because of inadequate drainage.
      (3)   Spalling-scaling: If twenty-five percent (25%) of the surface of a sidewalk block, as determined by the Engineer or his representative, is spalled, scaled, chipped or flaked off to a depth of one-half (1/2) inch or greater, the sidewalk shall be replaced.
      (4)   Differential settlement (stumbling blocks): The difference in elevation between adjacent sidewalk slabs shall not exceed one-half inch. The defective slabs shall be repaired or replaced, as determined by the engineer or his representative.
      (5)   Cracks and joints: Cracks or joints in themselves shall not be considered defects unless they open to a width of one-half inch or greater. Slabs or blocks of sidewalk broken into three or less pieces may remain in place as long as adjacent broken pieces have a difference in elevation of one-fourth inch or less. Slabs or blocks of walk broken into four or more pieces shall be replaced.
   These criteria may be used singly or in combination to determine if defects warrant repair or replacement of sidewalks. (Ord. 44-06. Passed 4-18-06.)
   (c)    When a sidewalk is to be repaired or replaced, it shall be done in accordance with all applicable provisions of the Codified Ordinances.
   (d)    Paved driveway approaches are considered part of the sidewalk area and shall be judged in accordance with the above criteria and repaired or replaced when found defective.
   (e)    Upon completion of the survey, in subsection (b) hereof, the Engineer shall prepare plans, specifications and cost estimates for the necessary sidewalk repairs or replacements. These shall then be reported to Council which shall proceed according to Charter Section 94 to cause notice to be given to the owners of abutting property to repair or replace the sidewalks as required by resolution of Council. If the property owners fail to repair or replace the sidewalks as required by resolution of Council, the City shall proceed, pursuant to Charter Section 94, to repair or replace the sidewalks and assess the costs against the lots or lands abutting thereon.
(Ord. 64-90. Passed 10-2-90.)