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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
(A) No person, firm, or corporation shall construct, lay, or repair a sidewalk or driveway across a sidewalk on any street without first securing a permit from the building commissioner. The application for the permit shall contain a statement showing the location of the proposed sidewalk or driveway, the exact number of lineal feet of sidewalk or driveway involved, the name and the address of the owner of the abutting premises, and such other pertinent information as the building commissioner may require. Separate permits shall be required for each lot or parcel of real estate involved. It shall be unlawful, subject to a fine of not more than $25 for any person, directly or indirectly, as principal, agent, or employee to construct or repair, or to attempt to construct or repair, any sidewalk or driveway without having obtained the required permit or permits for such work. The provisions stated in this division (A) shall not apply to sidewalk repair or construction being undertaken as part of a public works contract or improvement.
(B) The building commissioner may, at his discretion, issue a free permit to a property owner where repairs of minor importance are made to a sidewalk abutting his property.
(C) Under these permits a reasonable use of sidewalk or street space is authorized for deposit of materials and equipment for construction or repair, subject to any rules or regulations of the building commissioner or director governing such temporary deposits.
(D) No permit shall be granted to construct, lay, or repair a sidewalk or driveway except to a licensed cement contractor unless the building commissioner deems the repairs of minor importance.
(Ord. 1220, passed 12-22-81) Penalty, see § 92.99
(A) The permit fees for construction, reconstruction, or repair of sidewalks shall be as follows:
(1) Sidewalk – 50 lineal feet or less $20.00
Minimum fee includes one driveway with a width at the street pavement of 20 lineal feet or less.
(2) Sidewalk -- 50 lineal feet or less $20.00
Minimum fee includes one driveway with a width at the street pavement of over 20 lineal feet.
(B) Add $6.50 to the initial or minimum fee for each additional 50 lineal feet of sidewalk or fraction thereof, plus $8.00 for each additional driveway with a width at the street pavement of 20 lineal feet or less, or $10.00 for each additional driveway with a width at the street pavement over 20 lineal feet.
(C) All monies received as deposits or payments under this section and § 92.03 shall be paid to the treasurer of the city and credited to a fund to be known as "sidewalk and driveway restoration fund". The director shall have the right to draw vouchers from time to time against the fund for the labor, material, services, use of tools and equipment, payment of contractors, and supervision furnished by the engineer upon completion of each contract or individual job.
(Ord. 1220, passed 12-22-81; Am. Ord. 18-08, passed - -18) Penalty, see § 92.99
(A) No person, firm, or corporation shall undertake to construct, lay, or repair a sidewalk or driveway, unless he or it shall have previously secured a license as a cement contractor, or unless where the building commissioner has deemed the repairs be of minor importance and a free permit has been issued.
(B) A contractor's license fee of $30 shall be charged for each license, which license shall be dated as of date of issue and shall expire one year from the date of issue. There shall be a fee of $30 for each consecutive yearly renewal of said license.
(C) Application for cement contractor's license shall be made to the director or his agent. If the director is satisfied that the applicant is qualified to properly lay and construct cement sidewalks and driveways, a license shall then be issued.
(D) In case any cement contractor shall fail to comply with the rules and specifications governing any sidewalk and driveway construction or repair undertaken by him, the director shall be authorized to revoke the license of such contractor.
(E) This license requires all work done by him to be in good condition and repair, for a term of one year from date of inspection by the director or his agent, and any portion of the work that becomes defective through settlement, by cracking, breaking of surface, or in any other manner, shall be removed and replaced with new work by the contractor, at his own expense. A license must be in effect but any permit fees will be waived.
(Ord. 1220, passed 12-22-81) Penalty, see § 92.99
(A) The city engineer or building commissioner is authorized to make all specifications governing construction, reconstruction, or repairs to all sidewalks and driveways.
(B) All specifications, instructions, and general provisions governing the construction, reconstruction, or repair of sidewalks and driveways will be available at the director's or building commissioner's office at a reasonable cost to cover the printing and material expense.
(C) If, at any time, it is found that the driveway or sidewalk provisions set forth in this chapter or supplement are impracticable for a particular case, the city engineer or building commissioner shall be authorized to modify the strict application of the same, so as, on one hand, to provide for the safety, convenience, and welfare of the public, and on the other hand, to avoid undue hardship on the owner, in harmony with the purpose of this chapter.
(D) Where an owner is dissatisfied with the modifications authorized by the city engineer or building commissioner, he may appeal to city council whose decision shall be final.
(Ord. 1220, passed 12-22-81; amend. Ord. 1349, passed 6-10-86)
(A) Any owner from date of served notice shall have 30 days to appeal said notice. Each appeal must be in writing including owner information.
(B) An appeals board consisting of three residents of the city who are not holders of any elected office shall serve as a board to hear and determine any protests filed by property owners or their agents as to sidewalk and driveway construction, reconstruction or repair. The mayor shall have the responsibility for appointing this board.
(C) If protests are filed prior to the doing of the work called for by the notice from the director or his agent, the board of appeals shall have authority to modify, alter, or revoke any such notice, as to the amount or type or work required, or the time in which it must be completed, consistent with the city ordinances and specifications regarding sidewalk and driveway construction, reconstruction, or repair. The board shall have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided such waiver will not cause or continue a public nuisance or an unsafe condition.
(D) If protests are filed after the work provided for in the notice to the property owner has begun or has been completed, the board's authority shall be limited to determining that the amount of the bill is correct and is charged against the correct property, and that the work done or being done was or is in accordance with the notice to the property owner. If the board shall find that an amount has been incorrectly charged against the property, but the work is or has been done for which the city contractor is entitled to payment, it may order such payment upon completion of the work from the "sidewalk and driveway restoration fund" to cover that portion of the city's responsibility.
(E) All protests regarding the sidewalk or driveway construction, reconstruction, or repairs, or assessments therefore shall be filed in writing with the director who shall notify the person filing such protest of the date and place of hearing before the appeals board.
(F) The decision of the Sidewalk/Driveway Appeals Board shall be final.
(Ord. 1220, passed 12-22-81; Am. Ord. 1418, passed 7-5-88; Am. Ord. 1541, passed 3-17-92)
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