(a) The owner of any property abutting a public sidewalk shall maintain the sidewalk in a safe condition, in a state of good repair, and free from defects. The abutting property owner may be liable for damages caused by failure to maintain the sidewalk.
(b) In the sole discretion of the Village Administrator, and if funds and personnel are available for the same, the Village may, but is not required to, conduct voluntary inspections of the sidewalks located with the village limits to assure that the owners of property abutting sidewalks are complying with the maintenance requirements imposed herein.
(c) If, through voluntary inspections or otherwise, it comes to the attention of the Village Administrator that an owner of property abutting a sidewalk is not complying with the maintenance requirements imposed above, then the Village Administrator shall cause to be served upon the property owner, notice by certified mail or personal service sent or delivered to the property owner’s last known address as shown by the records of the Village or the County Auditor, which notice shall state the following:
(1) That the property owner’s sidewalk does not comply with the Village of Bradford Ordinances and the specific reasons that is does not comply;
(2) That the property owner shall bring the sidewalk into compliance with this chapter by completing the necessary repairs to or maintenance of the defect(s) within ninety days of the date of the notice, at the sole cost of the owner.
(3) That, in the event the property owner does not bring the sidewalk into compliance with this chapter within ninety days from the date of the notice, Village Council may direct the Administrator to notify the Solicitor to proceed with a Resolution of Necessity and further proceedings pursuant to Sections 729.01 through 729.10 of the Ohio Revised Code.
(4) The Village Council will need to decide the amount of funds it can commit to the repair of sidewalks which have been so designated, and then authorize the Administrator to arrange for Village personnel and/or an independent contractor to perform the work.
(5) Once the repairs or replacement of the sidewalks has been completed, the Village shall notify the owners of the lots abutting thereon of the actual total cost applicable to each owner and of the option of paying said cost in a lump sum or having the cost placed on the real estate tax duplicate and paid in installments over the designated time period.
(6) Such notice shall be sent by the Clerk-Treasurer of the Village by certified mail or personal service addressed or delivered to each of the owners at their last known address or to the address to which tax bills are sent.
(7) In the event the owner chooses not to pay or fails to pay the amount due within the time specified in the notice, the Clerk-Treasurer shall proceed to ask Council to approve a resolution to have the cost placed on the real estate tax duplicate of the respective owners and paid in installments over the designated time period.
(d) In the sole discretion of the Village Administrator, the Village may, but is not required to, place barricades or other devices or materials in such places as may serve to protect the public from sidewalks not in compliance with the maintenance requirements imposed above. If such protective devices are placed by the Village, they shall not be removed until all sidewalk defects are corrected. Premature removal of the protective devices shall be subject to a fine of fifty dollars ($50.00) per day for each violation in addition to all other remedies in this section.
(e) The Village Administrator shall keep records of all sidewalk complaints received, all voluntary sidewalk inspections conducted, notices of defects sent, protective devices placed and sidewalk work done by the Village for period of three years from the date of the action and shall make the same available at a reasonable cost to all persons who claim to have been damaged or injured as a result of the failure to maintain a sidewalk by an abutting property owner.
(Ord. 14-05. Passed 6-26-14.)