505.01 Sidewalk Defined; Width Requirements
505.02 Grading
505.03 Changing Sidewalks; Curb Line and Grading; Notice of Noncompliance
505.04 Construction Permit; Establishing Grade; Fees
505.05 Repair and Maintenance Restrictions in Central Business District
505.06 Construction Permit; Deposit; Bond
505.07 Board of Sidewalk Appeals
505.08 Protests Filed Prior to Work
505.09 Protests Filed After Work is Completed
505.10 Protests to be Filed in Writing
505.11 Duty to Repair Sidewalks, Curbs and Gutters; Duty to Maintain Certain Sidewalks; Liability
505.12 Failure to Maintain Certain Sidewalks
505.13 Failure to Construct or Repair Sidewalks, Curbs and Gutters; City May Perform Work
505.14 50/50 Hazardous Sidewalk Repair Program
505.15 Easements Acceptance and Release for Tree Preservation
505.99 Penalty
Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
Statutory reference:
Changing established grade, RC 727.07
Construction or repair at owner’s expense, RC 729.01 et seq.
Notice to construct or repair, RC 729.03 et seq.
Changing established grade, RC 727.07
Construction or repair at owner’s expense, RC 729.01 et seq.
Notice to construct or repair, RC 729.03 et seq.
All sidewalks shall be under the direction of the Director of Public Service. The space between the property line and the curb line on each side of the paved roadway or curbed streets shall constitute the sidewalk. Upon unpaved streets, the sidewalk shall be the portion adjoining the property line on each side, and shall have a width equal to one-fifth of the distance between property lines, but in no case shall the sidewalk be less than four (4) feet in width except in streets or alleys of sixteen (16) feet or less in width, where the sidewalk shall be two and one-half (2-1/2) feet in width.
(a) All sidewalks hereafter improved by placing walks with a permanent surfacing on any public highway or street within the City shall be so improved by constructing walks with stone flagging or concrete, and in accordance with the specifications prescribed by the Director of Public Service, and shall be of the width prescribed by resolution of Council, or as directed by the Director where no such resolution has been passed. The sidewalk shall be so laid that the top surface shall be properly roughened, so that the same shall be prevented from becoming slippery when covered with moisture. The roughened finish shall be of such character as in the judgment of the Director will effectually prevent at any time the slippery condition of such walks.
(b) Any grading necessary between the walks as laid, and the curb line, or between the walks and the edge of the sidewalk space as herein established, shall be done at the time of laying the walks, so as to leave the sidewalk space at the grade hereinafter described.
(c) The sidewalks as improved shall coincide with the line described as follows: beginning at the curb line with the established curb grade as determined by the City Engineer; Thence extending to the street line at right angles to the curb line, with a rise of three- eighths (3/8) of an inch to the foot; provided, that at street intersections, where the grade of the intersecting street prevents compliance with the above provisions, the walk shall be laid under the direction and to the acceptance of the Commissioner of Engineering and Construction.
(a) Any sidewalk heretofore laid shall not be raised or lowered without the approval of the Commissioner of Engineering and Construction. All sidewalks hereafter laid shall be in accordance with the provisions of this chapter and under the supervision of the Commissioner.
(b) No curb line or grade for curb shall be changed, except by the direction and the written consent of the Director of Public Service or Commissioner.
(c) Any sidewalk laid on any public street or highway within the City in a manner inconsistent with the provisions of this chapter shall, upon the recommendation of the Director, be ordered relaid to the proper grade, upon the failure of the property owner to make the change so ordered within the time specified in the notice.
(a) No sidewalk shall be improved as provided nor shall any sidewalk be repaired or relaid, unless a permit for so doing has been obtained from the Director of Public Service. The fee for the permit shall be twenty-five dollars ($25.00). The permit shall mention the kind of surfacing or walk to be laid, the extent of the same and the sublot and house number, or adequate measurements identifying the location where no such numbers have been established, in front of which the work is to be done. All stone or concrete surfacing of sidewalks shall be subject to the inspection of duly authorized City inspectors, whose duty it shall be to undertake the fulfilling of the requirements of the approved specifications for the sidewalk surfacing. For furnishing such inspection there may be collected from the property owner an amount or fee not to exceed the cost of the sidewalk improvement.
(b) The owner of land in front of which a permit to improve the sidewalk has been given may request that the Commissioner of Engineering and Construction establish the grade or line on which the improvement is to be made.
(c) For performing the work of establishing the line and grade for such sidewalk improvement by the Commissioner in accordance with the land owner’s request, there shall be collected from the owner a fee based on the following rates:
(1) For each linear foot of sidewalk for which the grade is given, five cents ($0.05);
(2) For each linear foot of sidewalk for which the line is furnished, five cents ($0.05);
(3) For each linear foot of sidewalk for which both line and grade are furnished, seven and one- half cents ($0.075);
(4) The minimum fee charged in any case shall be five dollars ($5.00).
(d) All amounts collected for inspection or engineering fees under this section shall be deposited into the General Fund.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) Permits for the repair of sidewalks in the central business district, except those repairs of an emergency nature, shall not be issued between November 15 and February 1 of the succeeding year.
(b) Notwithstanding the provisions of division (a) of this section, a permit for the repair or maintenance of a sidewalk in the central business district may be issued between November 15 and February 1 of the succeeding year if the Director of Public Service receives a specific request for such a permit and determines that the weather will be sufficiently temperate for a sufficient period of time to allow the requested repair or maintenance to be commenced and completed within three (3) business days of the issuance of the permit.
(c) On any permit issued pursuant to division (b) of this section, the Director of Public Service may impose such conditions as are necessary to ensure that the work authorized therein is done properly.
(Ord. No. 84-92. Passed 4-6-92, eff. 4-15-92)
Each person, firm or corporation that engages in the work of laying, relaying or repairing sidewalks upon the City streets shall, before engaging in any such work or employment, make a cash deposit of twenty- five dollars ($25.00). Interest at the current rate being received by the City on its deposits, will be allowed on January 1 and July 1 of each year on the cash deposit provided for herein, providing the same has been in the City Treasury for a period of six (6) months next preceding the dates. Each person, firm or corporation shall give bond to the City of five hundred dollars ($500.00) for each fifty thousand (50,000) square feet of sidewalk estimated to be laid, relaid or repaired, or for any fractional part thereof, on condition that the City shall be saved harmless from any loss or expenditure in any manner arising from the conduct of such persons, firm or corporation, in the work of laying, relaying or repairing sidewalks, and from any loss or damage which may arise by reason of any obstructions, excavations, barriers, guards or other objects or materials placed or deposited in the street during the progress of the work, or the expense of removing the same and cleaning the street or sidewalk, and from any loss or damage arising from any acts, negligence or default of such persons, firm or corporation, and conditioned further upon the sidewalks so laid, relaid or repaired remaining in good condition to the satisfaction of the Director of Public Service, for a full period of two (2) years from the year of the laying, relaying or repairing sidewalks, and conditioned upon such person, firm or corporation immediately upon the appearance of any defects, disintegration or fault in such sidewalks appearing and due to any acts, omissions or default of the one laying the same, being immediately repaired and restored to a good and proper condition to the satisfaction of the Director, as to such defects as may appear at any time within two (2) years of the year of laying, relaying or repairing of the sidewalks. The bond and deposit shall cover all of the foregoing matters which may arise or be occasioned at any time within two (2) years of the calendar year within which such work is done. Before any person, firm or corporation who is entitled to lay, relay or repair sidewalks, as herein provided, undertakes to do the work of such laying, relaying or repairing they shall procure from the Director a permit to do such work in the public streets of the City. The application for the permit shall specify the owner of the property in front of which the sidewalk is to be laid and the probable time of beginning and finishing the work of laying, relaying or repairing such sidewalks. A separate permit shall be required for each continuous stretch of sidewalk to be laid. The cash deposit, less any expense which may have been charged against the same by the City, shall be returned whenever the person, firm or corporation entitled to lay, relay or repair sidewalks and having made such deposit, in accordance with the provisions herein prescribed, has signified in writing to the Director the intention of no longer engaging in such work.
A Board of Sidewalk Appeals consisting of the Director of Capital Projects, a member of Council to be elected by Council and the Director of Law or his or her duly authorized representative, shall serve as the board to hear and determine any protests filed by property owners or their agents as to sidewalks, curb or gutter construction, reconstruction or repair, or any written notices issued pursuant to Charter Section 164. Additionally, the board shall hear and determine any other appeals that the board is designated to review under the Codified Ordinances of Cleveland, Ohio, 1976.
(Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)
If protests are filed prior to the doing of the work called for by the notice, the Board of Sidewalk Appeals shall have authority to modify, alter or revoke any such notice as to the amount or type of work required, or the time in which it must be completed, consistent with the City ordinances and the specifications regarding sidewalk, curbing and gutter construction, reconstruction or repair. The Board shall also 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. Protests filed under this section must be filed no later than thirty (30) days after the service of the notice issued pursuant to Charter Section 164.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
Loading...