Whenever Council decides to provide for the construction or repair of any specific sidewalks, curbings or gutters or parts thereof, other than by special assessments, it shall require the Director of Public Service to proceed as follows:
(a) If the grade of the sidewalk, curbings or gutters is already established, such repair or new construction shall conform therewith, unless a new or different grade is desired. The grade in all cases shall refer to the elevation of the top or upper surface of the existing or contemplated curb.
If no grade has previously been established or if a change of grade is contemplated, the Director shall cause such grade to be established or re-established and monumented with line and grade stakes and shall cause plats to be prepared and filed in his office indicating such line and grade as established in outline and profile with the intersecting lot lines, frontages and the names and addresses of all abutting owners. Unless otherwise provided, the upper surface of a sidewalk shall be approximately level with the grade at every point.
In all cases where a new or different grade is established, the Director shall notify each owner who will be affected thereby, by written notice of such establishment or change in grade and of the fact that plats have been prepared and are on file in his office, subject to the owner's inspection. Such notices shall be served on all residents of the City in the manner provided by law for the service of summons in a civil action with a copy thereof to be returned to the Director, endorsed by the officer or person serving it, stating the time and manner of service. Service on nonresidents and persons not found may be made in the manner provided in Ohio R.C. 729.03 and 729.04.
At any time within ten days following completion of service of such notice, any such owner shall have the right of appeal of such order of establishment or change of grade to Council. Council shall hear such appeal and render its decision by majority vote, which shall be final.
(b) If or after the grade for such improvement has been established, the Director shall prepare, and cause to be filed in his office, plans and specifications for the construction or repair contemplated, setting forth clearly the scope of the work, with full dimensions, the type, quality, quantity of materials and workership required, methods of construction to be employed, and such other matters as may be appropriate.
(Ord. 4185. Passed 8-23-56.)