CHAPTER 902
Curbs, Sidewalks, Streets and Utilities

902.01    Protection during construction, excavating, grading; removal of debris; deposit.

902.02    Curb cutting.

902.03    Construction of City owned or dedicated land.

902.99    Penalty.

CROSS REFERENCES

         Sidewalks and gutters - see Ohio R. C. 729.01 et seq.

         Sidewalk obstructions, damage - see GEN. OFF. 660.10

         Maintenance of sidewalks; snow and ice removal - see

            GEN, OFF. 660.05

         Sidewalks or cash bond for certificate of occupancy - see

            BLDG. 1313.02

         Curb cutting permit fees - see BLDG. 1329.03

902.01 PROTECTION DURING CONSTRUCTION, EXCAVATING, GRADING; REMOVAL OF DEBRIS; DEPOSIT.

   (a)    Before proceeding with the construction, enlargement, alteration, repair or removal of any building or other structure, in the construction of which it is desired or may be necessary to make use of or to drive across the curb, tree lawn, sidewalk, ditch or culvert, the owner shall construct and maintain a plank driveway, to the approval of the Inspector of Buildings, across and over such curb, tree lawn, sidewalk, ditch or culvert, so that the same shall not be injured or damaged. Before such plank driveway is constructed, and at the time of securing a permit for the construction, enlargements, alteration, repair or removal of any building or other structure, such owner, or his agent shall deposit with the Clerk of the City the sum of one thousand dollars ($1,000) for all sublots located in a U-1 or U-2 District, and three thousand dollars ($3,000) for all sublots in all other districts, as a guarantee that such plank driveway will be constructed and maintained, and that if any curb, tree lawn, sidewalk, ditch or culvert is disturbed or broken the same will be replaced as above provided at the cost and expense of the owner. Upon his failure to replace or restore such curb, tree lawn, sidewalk, ditch or culvert, so displaced or broken, to the satisfaction of the Building Commissioner, the Commissioner shall have such work performed and shall pay the cost and expense thereof out of the fund so deposited. In the event the sum so deposited is not sufficient to pay such cost and expense, the owner shall be liable to the City for any balance. However, if such curb, tree lawn, sidewalk, ditch or culvert is left in a condition acceptable to the Commissioner, the fund so deposited shall be returned to such owner, and any part of the fund so deposited remaining after the repairs, if any, are made, as hereinbefore provided, shall be returned to the owner.

(Ord. 1984-26. Passed 3-5-84; Ord.  2020-72.  Passed 5-18-20.)

   (b)   In addition, the above deposit shall cover any construction involving excavation, grading, filling or the hauling of earth to or from the site of such construction. Upon the completion of the work for which such permit was granted, the applicant shall notify the Commissioner to make an inspection for the purpose of determining what refund, if  any, shall be made from the deposit. If it becomes necessary for the Commissioner to make more than one inspection for such purpose, a fee of thirty dollars ($30.00) shall be charged for each inspection after the first. All charges shall be deducted from the deposit, and the balance shall be refunded subject to the following conditions: The Commissioner or other City official shall cause to be removed all earth, debris or building materials which may be placed, left or permitted to remain on any pavement, sidewalk or tree lawn in the City in the course of the work for which such permit is granted, or on any private property in the City without proper permission. The cost of such removal shall be charged against the applicant, and the deposit shall be paid into the City Treasury for the use of the General Fund. Any balance remaining shall be refunded to the applicant as aforesaid. If the cost is greater than the deposit, the applicant shall be billed for the unpaid portion, and, if not paid in ten days from billing, the matter shall be referred to the Law Director for collection. (Ord. 1990-151. Passed 12-3-90; Ord.  2020-72.  Passed 5-18-20.)

902.02 CURB CUTTING.

   (a)    Any person desiring to have curbing cut out in any public street or highway in front of any lot of which he is the owner or lawful occupant, may make application therefor to the Building Commissioner. Upon such applications being made and the payment of the fee required by Section 1329.03, the Inspector shall promptly cause such curb to be cut, provided that the cut can be lawfully made. The curb shall be cut only in the manner prescribed by Council.

   (b)    When curbing is cut for driveway purposes, and such driveway is to be constructed or paved, the cutting of the curb must be completed prior to the paving of the driveway.

(1964 Code §93.13; Ord.  2020-72.  Passed 5-18-20.)

902.03 CONSTRUCTION OF CITY OWNED OR DEDICATED LAND.

   (a)   No person shall enter upon land owned by the City or dedicated for a street or utility right of way for the purpose of construction or reconstruction thereof without first having obtained a permit from the Building Commissioner. The Building Commissioner shall not issue such a permit, except for sudden emergency, unless and until the plans for the construction or reconstruction of any street, highway, sanitary sewer, storm sewer and water line, together with the appurtenances thereto, have been approved by a resolution of Council.

   (b)   Council shall, prior to approval of such plans, have a report from the City Engineer that the proposed construction or reconstruction is in accordance with applicable engineering standards; shall find that the improvement as it is proposed is not detrimental to the public health or safety and is consistent with all of the applicable laws of the City and other applicable governmental standards; and shall require sufficient insurance and bonds guaranteeing that the proposed improvement will be constructed to completion in accordance with the approved plans and that the applicant will preserve and protect the City from any claims and demands.

   (c)   Council shall attach such other conditions and requirements to the development as the submitted plans and specifications may require for the benefit of the City, its residents, the present and/or future users of such improvement and other affected persons. Such resolution of approval shall become void within six months unless all of the conditions precedent to the improvement have been met in full and actual construction or reconstruction has begun. Council may for good cause extend such six-month limitation.

   (d)   Council may refer an application for such improvement to the Planning and Zoning Commission for further study and may employ consultants as required. The total cost of any such improvement, not constructed by the City, shall be paid for by the applicant, including all of the City's costs and expenses incidental thereto, for which the applicant must post an advance security deposit. Council may approve tap-in restrictions on those not participating in the cost of such improvement upon such terms and conditions as Council may direct.

(Ord. 1974-81. Passed 6-3-74; Ord.  2020-72.  Passed 5-18-20.)