Section
92.01 General responsibility
92.02 Definitions
92.03 Notice to property owners
92.04 Permits
92.05 Fees
92.06 Contractor's license
92.07 Specifications
92.08 Appeal and protest rights
92.09 Snow and debris removal
92.10 Installation of flagpole sockets
92.11 Sidewalk or driveway heating systems
92.12 Safety-Service Director's regulations of outdoor or sidewalk patios
92.99 Penalty
The laying out, construction, repair, and maintenance of sidewalks and driveways of lots or lands abutting all public ways within the city shall be the responsibility of and shall be done at the expense of the person owning the lots or lands where such improvements and maintenance may be required to be made/done, unless stated otherwise in this chapter.
(Ord. 1220, passed 12-22-81) Penalty, see § 92.99
Statutory reference:
Power of municipality to require repair of sidewalks, see R.C. § 729.01 et seq.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING COMMISSIONER. The Building Commissioner of the city or his duly authorized agent.
THE CITY. The City of Cheviot, acting through its safety service director or his properly authorized agents; such agents acting severally within the scope of the particular duties entrusted to them.
COMMERCIAL DRIVEWAY. Any driveway providing access to a commercial establishment in business for the purpose of servicing or storing motor vehicles, loading or unloading merchandise transported in the vehicle, or serving the driver of the vehicle while he remains in the vehicle.
CONTRACTOR. Any person, firm, partnership, or corporation undertaking this contract, acting directly or through a duly authorized representative.
COUNCIL. Legislative authority of the city.
DIRECTOR. The safety-service director of the city or his duly authorized agent.
DRIVEWAY. Any paved area constructed within the public right-of-way, connecting the paved public roadway with private property, for the purpose of providing access for motor vehicles to private property.
ENGINEER. The city engineer of the city or his duly authorized agent.
INSPECTOR. The authorized representative of the city engineer or building commissioner assigned to make a detailed inspection of any and all portions of the work, or materials thereof.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent, or employee.
LAND or REAL ESTATE. Includes rights and easements of incorporeal natures.
OWNER. When applied to property, shall include any part owner, joint owner, tenant in common, tenant by the entireties, or sole owner, of the whole or part of such property.
PERSONS or WHOEVER. Includes all natural and artificial persons including but not limited to partners, servants, principals, agents, employees, public or private officials, associations, societies, clubs, firms, partnerships, and bodies politic or corporate.
PREMISES. As applied to property shall include land and buildings.
PRISMATIC LIGHTS. Any transparent material such as glass or plastic, inserted in the surface of a sidewalk for the purpose of transmitting light to a sidewalk sub-space.
PROPERTY. Includes real (lands, tenements, and hereditaments), personal (all property except real), mixed estates, and interests.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
REGISTERED MAIL. Includes certified mail.
ROADWAY or STREET PAVEMENT. That portion of a street between curbs or the portion devoted to vehicular traffic.
SANDSTONE SLAB. Any natural stone slab used as a sidewalk pavement.
SIDEWALK. That portion from the established or presumable curb line and the adjacent property lines set aside for pedestrian use.
SIDEWALK SUB-SPACE. Any open space under the surface of a sidewalk adjacent to a building.
STREET. Includes alleys, avenues, boulevards, lanes, roads, courts, terraces, streets, places, drives, ways, circles, highways, and all other public thoroughfares within the city set apart for travel, including the area from property line to property line.
TENANT or OCCUPANT. As applied to premises shall include any person holding a written or oral lease or month to month agreement, or who actually occupies the whole or any part of such premises, alone or with others.
WRITING. Includes any representation of words, letters, or figures whether by printing or otherwise.
(Ord. 1220, passed 12-22-81)
(A) Whenever the Director or his or her agent shall find that any sidewalk or driveway should be constructed, or that any paved sidewalk, driveway, or sidewalk area between the curb line and sidewalk being grass or other, is not in repair or free from nuisance, he or she shall notify the owner of the abutting property, in writing, to have the necessary construction, reconstruction, repairs made, or nuisance removed.
(B) Such notice shall be served by the Director on the owner or owners or the agent in charge of the property in a manner provided by law for the service of summons in civil actions, or by certified mail addressed to such owner or owners or agent at the last known address or at the address to which tax bills are sent, or by a combination of the foregoing methods. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for the addresses shall be prima facie evidence of the service of notice under this section.
(C) For the purpose of such service, any person charged with the collection of rents or the payment of taxes on the property or having general control of it in any way, shall be considered the agent of the owner.
(D) If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, such owners shall be served by publication of the notice in a newspaper of general circulation in the Cincinnati, Ohio area.
(E) The notice provided shall identify the property and give the location of the sidewalk, driveway, or sidewalk area and the period of time allowed the property owner to have the work done by private contract. Such period of time shall not be less than 60 days from date of service of notice or the mailing of certified mail notice.
(F) If a sidewalk, driveway, or driveway area is not constructed, reconstructed, repaired, or freed from nuisance within the period of time permitted by the notice to the owner of the abutting property, or the owner's agent, the Director shall cause the work to be done by contract, or by city forces, or both, and the entire cost, including all construction costs and any temporary emergency repair costs, all permit fees, and the administrative cost, shall be charged against such property. The administrative cost shall be $25 or 18% of the construction costs, whichever is larger; however said administrative cost shall not exceed $200.
(G) Bills issued under this section shall be payable within 30 days from the date of such bills. Bills not paid within 30 days shall be reported to the City Council for assessment against the abutting property.
(H) In case of emergency, the Director is authorized to have temporary repairs made, or to barricade, and to position caution/warning lights, or otherwise provide for the public safety. The cost of all such emergency repair and protection shall be charged against the abutting property, and shall be collected as provided in this chapter.
(I) From date of service of notice, all required work shall be completed within a reasonable time of 60 days unless modified by the Director. Such modification will only be given to avoid undue hardship on the owner or provide for the safety and convenience of the public.
(Ord. 1220, passed 12-22-81; Am. Ord. 19-30, passed 1-7-20) Penalty, see § 92.99
Loading...