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(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)
(A) The owner, occupant, person or whoever having the care of any building premises or unimproved lot or land abutting any street being a business or private residence, where there is a graded sidewalk or driveway or is a sidewalk or driveway graded and paved, shall, within the first 4 hours after daylight after the ceasing to fall of any snow, cause the same to be removed from the paved or traveled part of such sidewalk. The provisions of this section shall also apply to the falling of snow or ice from any building onto a sidewalk or driveway. Snow or ice shall not be moved into the gutter when the gutter has been previously cleaned, and in no event shall snow or ice from any area other than the pedestrian sidewalk be moved into the gutter.
(B) It shall be unlawful to sweep, throw, or otherwise deposit leaves, sweepings, litter, or other matter from private property onto a sidewalk or from a sidewalk onto a roadway or into the gutter thereof, or to ignite or burn the same on a street pavement, or to cause the same to be done.
(Ord. 1220, passed 12-22-81) Penalty, see § 92.99
Cross-reference:
Sidewalks to be kept free of ice, see § 131.04(B)
The Safety-Service Director of the city shall have the power to establish rules and regulations, not specifically covered in the Cheviot Code of Ordinances or the Ohio Revised Code, for the regulation of the use of the right of way on the sidewalk within the city for outdoor or sidewalk patios.
(Ord. 20-03, passed - - )
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