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(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 - - )