905.05 PROCEDURE FOR REPAIR OR REPLACEMENT.
   When the Director of Public Service, Director of Construction Services or designated representative finds deficiencies after such inspection, such official shall:
   (a)    Verify the identity of the property owner or owners utilizing the Franklin/Fairfield County Auditor's records.
   (b)    Prepare a notice for each property setting forth the deficiencies discovered upon inspection, and other pertinent information as set forth in 905.05(d).
   (c)    Serve the notice of deficiency on each property owner. Service shall be made upon the property owner or owners by ordinary U.S. Mail, postage prepaid. The City shall also post a list of such information in the manner it uses for posting legislation so that it is accessible to the public. The city may additionally post such information on its website. The notice will recite that the City will accomplish the construction, repairs or replacements as part of the City-wide or neighborhood program and assess the cost of such improvements benefiting the abutting property based upon the actual unit costs associated with the various improvements benefiting the abutting property based upon the actual unit costs associated with the various improvements and assess the cost of such improvements against the abutting property based upon its unit costs over three (3) years at the rate the City is charged for financing such improvement plus one percent (1%).
   (d)    Such notice shall indicate the following:
      (1)    The deficiencies discovered as a result of inspection, a diagram of the required work and estimated costs.
      (2)    That a property owner(s) has thirty (30) days from transmittal of the notice to advise the City that the property owner(s) does not consent to the improvements, repair or replacement by the City and that the property owner(s) "opt-out" as otherwise set forth in this chapter. Such lack of consent and "opt-out" must be sent from the property owner(s) to the City in writing at the address stated in the original notice from the City to the property owner(s). The notice from the property owner(s) to the City must be received by the City within the thirty (30) days of transmittal of the original notice from the City to the property owner(s).
      (3)    If the property owner(s) fails to advise the City of the property owner's absence of consent, it shall be presumed for all purposes that the property owner(s) has consented.
      (4)    A property owner(s) may "opt-out" in accordance with this chapter. Such "opt-out" shall be accomplished in writing and served upon the City within thirty (30) days of the transmittal of the original notice from the City to the property owner(s).
      (5)    Requirements for permitting and inspection if the property owner(s) intended to opt-out.
      (6)    If trees within the public right-of-way abutting the owner(s)' property are damaged or lost as a result of such construction in furtherance of this chapter, the abutting property owner(s) may apply to the City for priority under any City-sponsored tree replacement program then in effect.
      (7)    If the property owner(s) chooses to "opt-out," the City-approved methods of sidewalk, integral approach/apron construction, repair or replacement must meet the specifications set forth in Sections 905.11, 905.12 and 905.13.
(Ord. 15-43. Passed 12-21-15; Ord. 22-048. Passed 11-7-22.)