(a) Definitions. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Residential in nature” means a sidewalk not located in front of or adjacent to a commercial establishment or other place where a group of ten or more persons hold meetings or a place open to the public.
(2) “Sidewalk” means the specifications for replacement or new construction of a sidewalk shall be those of a portland cement concrete sidewalk of not less than four-inches thickness, (six inches at driveways), utilizing at least six bags of concrete per cubic yard.
(Ord. 87-5. Passed 6-10-87.)
(b) Application for Partial Payment. Any property owner or the agent of any property owner who plans to replace or newly construct public sidewalks upon property which he controls within the Village limits may make written application to the Fiscal Officer or the Village Administrator of the Village upon forms provided by the Village for partial payment by the Village of the costs of such replacement of sidewalks. Upon receipt of such application, the Village Administrator shall make or cause to be made an inspection of the sidewalk to be replaced, or the area upon which a new sidewalk is to be constructed, and if upon inspection, the Village Administrator with approval of the Village Service Committee and Council as a whole that it is in the public interest that such replacement or construction be carried out, the Village Administrator shall be authorized to commit the Village to pay between fifty percent (50%) and seventy-five percent (75%) of the costs of sidewalk replacement pursuant to this subsection. The Village Administrator shall recommend the amount to be paid by the Village and submit the recommendation to Council for approval by a majority of the members of Council. In determining the amount to be paid by the Village the Village Administrator shall consider the applicant’s age, earning abilities, current income (based upon Federal LMI guidelines), health condition, and any other factor deemed relevant by the Village Administrator.
(c) Check to Accompany Application. The application for partial payment by the Village for the replacement of new construction of sidewalks as set forth in subsection (b) hereof shall be accompanied by a written estimate of costs for the proposed replacement or construction from a legitimate and reliable contractor who has replaced or constructed sidewalks as a part of this business, along with a certified check or money order, payable to the contractor representing the applicant’s share of the cost of replacement as estimated by such contractor. The Fiscal Officer shall hold the certified check or money order until the work is completed in a satisfactory manner or as otherwise provided herein.
(Ord. 09-2002. Passed 7-24-02.)
(d) Time for Applications Submission; Priority. Written applications as provided in subsection(b) hereof, shall be submitted to the Fiscal Officer or the Mayor no later than July 1, 1987, and on or before June 1, of each succeeding year. Applications will be handled by the Village in the priority in which they are received. The Mayor and Fiscal Officer shall discontinue receiving applications once sufficient applications have been received and approved by the Village to exhaust available funds. Sidewalks residential in nature shall be given priority for available funds over commercial sidewalks.
(e) New Application for Uncompleted Work. If an application has been approved and a deposit made, all work must be completed within 60 days of the permit approval. If the work is not completed within 60 days of application approval, the application shall be null and void and of no further force and effect and the applicant will be required to reapply for a new permit.
(f) Application Rejection; Appeals; Override of Decision. If the application for Village participation in replacement or construction of a sidewalk as provided for in subsection(b) hereof is rejected by the Mayor and Street Committee, the applicant may appeal the decision. Such appeal shall be to Council in writing. Council shall give its decision on the appeal no later than its second regularly scheduled meeting after Council’s receipt of the appeal. Such decision shall be based upon the concurrence of a majority of Council and shall be transmitted to the applicant in writing. If Council sustains the decision to reject the application, the reasons for the rejection shall be stated in Council’s written answer to the applicant. Council shall also have the power to override by a majority vote of the members of Council, the decision to commit the Village to pay a portion of the replacement cost of sidewalks and may establish what, if any, portion of the replacement cost shall be borne by the Village.
(g) Service of Notice. The Chief of Police, any policeman, the Mayor or Fiscal Officer may make service and receive return of notice provided for in this chapter.
(h) Specifications; Exceptions.
(1) All sidewalks within the limits of the Village whether new or to be replaced, shall be parallel to the center line of the street and shall slope toward the curb with a slope of three-sixteenths of an inch and shall be not less than five feet in width. If it is determined by the Street Committee that it would be in the best interests of those concerned, the sidewalk to be replaced may be less than five feet.
(2) Where an existing sidewalk of a greater width than five feet is being replaced, the new walk shall be of at least the same width as the one it replaced. If there is a grass strip between the curb and the sidewalk, the grass strip shall have a slope toward the curb of at least one-half inch in twelve inches.
(3) All sidewalks shall be concrete with a minimum thickness of four inches under pedestrian traffic and six inches through driveways, utilizing at least six bags of concrete per cubic yard.
(4) If trees exist within the proposed line of sidewalk construction or replacement, they shall be protected by maintaining a twelve-inch clearance from the edge of the tree to the edge of the sidewalk, the open area to be filled with suitable soil or mulch.
(5) All sidewalks that adjoin curbs at crosswalks shall be installed using curb ramps as shown on standard construction drawing BP-12 Ohio Department of Transportation.
(i) Maximum Yearly Expenditure. The amount of money expended by the Village for the repair or replacement of sidewalks shall not exceed the sum of seven thousand dollars ($7,000) in the year 1987, and shall not exceed the sum of ten thousand dollars ($10,000) in the year 1988 or any succeeding year. (Ord. 87-5. Passed 6-10-87.)
(j) Target Area. The Village of Byesville shall have the right to establish a target area for comprehensive sidewalk replacement. The Village shall consider the overall condition of sidewalks in the proposed target area relative to public safety. Village Council shall have the right to establish partial payment schedules in target areas in appropriate amounts when the need arises.
(k) No property owner shall be considered for participation in the sidewalk replacement program described in this chapter when the property owner has delinquencies due and owing to the Village for water or sewer service, village income tax, or when the property owner is in violation of the Property Maintenance Code of the Village of Byesville.
(Ord. 2013-26. Passed 1-22-14.)
(l) Mandatory Repair.
(1) Each year the Village Administrator, with approval of the Village Services Committee and Council as a whole may designate a particular area of the Village for concentration for the sidewalk replacement program to replace sidewalks that the Village Administrator has determined to be a nuisance, unsafe, a danger to the health and welfare of the residents of the Village or in violation of any section of the Codified Ordinances of the Village. The Village Administrator with approval of the Village Service Committee and Council as a whole that it is in the public interest that such replacement or construction be carried out, the Village Administrator shall be authorized to commit the Village to pay between fifty percent (50%) and seventy-five percent (75%) of the costs of sidewalk replacement pursuant to this subsection. The Village Administrator shall recommend the amount to be paid by the Village and submit the recommendation to Council for approval by a majority of the members of Council. In determining the amount to be paid by the Village, the Village Administrator shall consider the applicant’s age, earning abilities, current income (based upon Federal LMI guidelines), health condition, and any other factor deemed relevant by the Village Administrator.
(2) In the event property owner fails to reimburse the Village for payment of the property owner’s share of the sidewalk replacement, the Village shall be authorized to assess the cost to the property owner’s taxes by certifying the delinquency to the office of the Guernsey County Auditor.
(Ord. 09-2002. Passed 7-24-02.)