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   905.07 OWNER'S RESPONSIBILITY FOR SIDEWALKS.
   (a)    Every owner, occupant, person or agent having charge of any tenement, building, lot or land fronting on any avenue, street, alley, road or other public highway of the City is charged with the construction, maintenance and repair of necessary sidewalks, or parts thereof within the limits of the City, and such owner, occupant, person or agent shall be liable in money damages to any person, who, while in the lawful use of such sidewalk, sustains an injury to person or damage to property, by reason of the failure of such owner, occupant, person or agent in charge, to maintain the sidewalk in good repair and free from any defect, and as further provided in Section 1107.03 of the Codified Ordinances.
   (b)    If, by reason of the failure of such owner, occupant, person or agent in charge, as referred to in subsection (a) above, to maintain the sidewalk in good repair and free of any defect, a claim is made or a money judgment obtained against the City, by any person sustaining injury for failure to repair or maintain a sidewalk free of any defect, the owner, occupant, person or agent in charge, shall be liable to and reimburse the City for all money paid by the City on any claim made or judgment obtained against the City, by any person injured by reason thereof.
(Ord. 91-127. Passed 7-23-91.)
   905.08 PUBLIC SIDEWALK REPAIR PROGRAM.
   Council hereby reaffirms that the existence of broken, uneven or improperly maintained public sidewalks, private walks or driveways is hereby declared to be a public nuisance and/or qualified public nuisance. The City, in addition to any and all procedures available to the City pursuant to the Codified Ordinances and/or the Ohio Revised Code, may take the following steps to abate such nuisance:
   (a)   The City Engineer, Building Official or his/her designee and/or other Administrative Director designated by the Mayor shall at his/her discretion inspect areas of the City and, upon said inspection, shall cause a written notice to be provided by posting in a conspicuous place on the structure or premises to which it relates that the broken, uneven or improperly maintained public sidewalks, private walks or driveways abutting such lot or parcel of land in the City constitute a nuisance and will be repaired by the City.
   (b)   The City Engineer and/or Building Official or his/her designee are hereby authorized to solicit competitive bids to abate the nuisance condition.
   (c)   When any such nuisance condition is abated by the City or caused to be abated by the City, as described herein, then after such work is performed, the City shall certify the cost of nuisance abatement to the County Fiscal Officer for collection as other taxes and assessments are collected, or the City may seek recovery of such costs by civil action against the property owner involved.
      (Ord. 2020-027. Passed 4-7-20.)
   (d)   Notwithstanding the provisions of subsection (c) above, the City in its discretion, may authorize the funding for repair of City sidewalks pursuant to the Public Sidewalk Repair Program without taxing or assessing the costs of said repairs to adjacent property owners. The City Engineer on an annual basis shall provide to Council and the Mayor a list of streets and addresses in each of the four wards where sidewalks are most in need of repair. Council, in setting the City’s annual budget, shall determine whether, and to what extent, funds are available for necessary public sidewalk repairs. The availability and expenditure of City funds for this purpose is solely within the discretion of the City on an annual basis and is dependent on a determination that funds are available. (Ord. 2021-032. Passed 5-18-21.)
   905.99 PENALTY.
   Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree. Each day a violation continues or is permitted to continue shall constitute a separate offense.