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.)