905.01 Definitions.
905.02 Responsibility.
905.03 Inspection program.
905.04 Inspection criteria.
905.05 Procedure for repair or replacement.
905.06 Construction by owner (opt out).
905.07 Consent.
905.08 Mandatory disclosure.
905.09 Resolution of necessity.
905.10 Assessment.
905.11 General provisions.
905.12 Construction specifications.
905.13 Permits and fees.
905.14 Failure to complete construction, repair or replacement.
905.15 Financial assistance.
CROSS REFERENCES
Power to establish and care for streets - see Ohio R.C. 715.19, 717.01, 723.01
Construction or repair at owner’s expense - see Ohio R.C. 723.01 et seq.
Notice to construct or repair sidewalk - see Ohio R.C. 729.03 et seq.
(a) "Contractor" means any person, firm, partnership, or corporation undertaking the construction, reconstruction, or repair of sidewalk, curb, gutter, or driveway aprons operating under appropriate permits, acting directly or through a duly authorized representative. The owner of a property may act as the contractor and will adhere to the provisions of this code.
(b) "Director of Public Works," "Director of Construction Services," "Urban Forester" and "Planning and Zoning Administrator" means that the Director of Public Works, Director of Construction Services, Urban Forester and Planning and Zoning Administrator of the City of Canal Winchester or his/her duly authorized agent.
(c) "Driveway Approach or Apron" means only the portion of the driveway aprons that lies between the curb and gutter system and the sidewalk; in absence of curb and gutter system and/or sidewalk, means only the portion of the driveway apron that lies between the edge of street pavement and the right of way line.
(d) "Inspector" means the authorized representative of the City assigned to make a detailed inspection of any and all portions of the work, or materials thereof.
(e) "Superintendent" means the executive representative of the Contractor, present on the work at all times during its progress or authorized to receive and fulfill instructions from the Engineer or authorized agent and capable of superintending the work efficiently.
(f) "Street Trees" means trees that are located within the public right of way and under control of the City of Canal Winchester.
(g) "Tree Lawn" means that part of a street right-of-way not covered by sidewalk or other paving, lying between the right of way boundary and the curb and gutter On unimproved streets it shall mean the area between the edge of pavement and the right-of-way boundary.
(h) "City" means the City of Canal Winchester, acting through its Mayor or his/her properly authorized agents; such agents acting severally within the scope of the particular duties entrusted to them.
(Ord. 15-43. Passed 12-21-15; Ord. 22-048. Passed 11-7-22.)
Pursuant to Ohio R.C. 723.011 and this code, it shall be the duty of the owner or occupant of any parcel of land in the City abutting on streets, alleys, and public ways of the City where sidewalks or driveway aprons have been constructed to keep such improvement in good repair in accordance with the specifications set forth in this code. The owner or occupant shall cause such sidewalks to be kept free of accumulations or rubbish, mud, ice or snow. He shall also cause such sidewalks or driveway aprons to be kept level and safe for pedestrians and others who are entitled to use it. Trees, bushes, and hedges located on private property shall be kept trimmed by the property owner or occupant so that they do not interfere with the use of the sidewalks. Retaining walls, ditches and fences shall be kept in repair and adequately safeguarded to prevent injury to users of the sidewalks.
(Ord. 15-43. Passed 12-21-15.)
The Director of Public Works or designated representative shall conduct periodically, as determined necessary, an inspection program designed to require repair and/or replacement of sidewalk areas and/or integral driveway apron areas within the City for the purpose of maintaining those areas in good and orderly state of repair so as to protect the health, safety, and welfare of the residents of the City. The inspection program for any property shall occur as frequently, or infrequently, as the Director of Public Works or designated representative shall deem appropriate but in any event each property within the City shall be inspected appropriately once every five years in accordance with the provisions of this chapter.
(Ord. 15-43. Passed 12-21-15.)
The inspection criteria to be utilized by the Director of Public Service, Director of Construction Services or designated representative for the shall include inspection of any condition deemed by such official to be potentially detrimental to the public health, safety and welfare and shall include, at a minimum, the examination of the following which, if such condition exists, shall necessitate repair or replacement:
(a) Any block or section having cracks or joints 1' or wider.
(b) Adjoining blocks or portions thereof whose edges differ vertically 1" or more.
(c) Block or sections that have excessive cracks, creating pieces smaller than two feet.
(d) Block or sections having a cross slope greater than 1" per foot.
(e) Block or sections having surface deterioration greater than 3/8" deep over 25% or more of the surface area.
(f) Blocks or sections that do not match the existing grade and cause the ponding of water.
(g) Sidewalk material placed without prior approval of the City unless the Director of Public Service, Director of Construction Services or designated representative determines such repair or replacement to be in satisfactory condition and in accordance with the standards and specifications for such repairs or replacements adopted by the City.
(h) Stumps, stones, private sign posts or any other unauthorized obstruction in the sidewalk space.
(i) Trees, bushes or shrubs that overhang the sidewalk. Trees, bushes or shrubs located on private property will be trimmed to at least eight feet above the sidewalk, with bushes and shrubs trimmed so as to not overhang the sidewalk even after a rain.
(j) Water valve boxes, gas valve boxes, or manholes, etc. that are not to proper grade. The recommendation of the Director of Public Works or Director of Construction Services or designated representative that any block or section be condemned to safeguard public health, safety, and welfare.
(Ord. 22-048. Passed 11-7-22.)
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