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(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)
If a protest is filed after the work provided for in the notice to the property owner has been completed, the authority of the Board of Sidewalk Appeals shall be limited to a determination that the amount of the bill is correct, that the bill has been properly charged against the affected property and that the work as performed was in accordance with the notice served the property owner. If the Board finds that an amount has been incorrectly charged against the property, but that work, for which the City contractor is entitled to payment, has been performed, it may order that such payment be made from the fund provided for the payment of the City’s portion of sidewalk work. Protests filed under this section must be filed no later than thirty (30) days after the receipt of the bill from the City.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
Any protests regarding sidewalk, curb or gutter construction, reconstruction or repairs, or the assessment therefor, shall be filed in writing with the Director of Public Service, who shall notify the person filing such protest of the date and place of hearing before the Board of Sidewalk Appeals.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
(a) No owner or occupant of abutting lots or lands shall fail to keep the sidewalks, curbs, and gutters in repair and free from snow, ice or any nuisance.
(b) In addition to the duty contained in division (a) of this section, no owner or occupant of abutting lots or lands which are used, in whole or in part, for the operation of a business, or which previously have been used for the operation of a business and are now vacant, shall maintain sidewalks with the characteristics contained in division (a) of Section 505.12. As used in this division, “business” means any enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity, but not including the rental of residential premises.
(c) An owner or occupant of abutting lots or lands who fails to comply with division (a) or, if applicable, division (b) of this section:
(1) Shall be liable in money damages to any person who, as a result of such owner’s or occupant’s failure to comply, sustains bodily injury or property damage while in the lawful use of the sidewalk (an “injured party”); and
(2) Shall be liable to and reimburse the City for all money paid by the City on any claim made or judgment obtained against the City by an injured party.
(d) When the Director of Public Service determines that an owner fails to keep the sidewalks, curbs, and gutters in repair because those sidewalks have one (1) or more of the characteristics set forth in division (a) of Section 505.12, the Director shall serve or cause to be served upon such owner a notice which states in detail the nature of the violation. The notice shall also contain an estimate of the cost to repair the sidewalk, curb, or gutter and shall notify the owner that he or she may submit payment of the estimated amount, which amount shall be the full amount unless there exists a properly authorized program subsidizing these repair costs, to the City by a certain date and enter into an agreement with the City to effectuate the repairs. Funds submitted as an estimated amount shall be deposited in fund No. 10 SF 057 and said funds are appropriated for sidewalks, curb or gutter repair purposes. Upon receipt of the estimated amount and the agreement, the City will construct or repair the sidewalk. If the actual cost of construction or repair is not equal to the estimated amount, the City will bill the owner for any additional cost or reimburse the owner from Fund No. 10 SF 057 for any amount paid to the City that exceeds the actual cost. The agreement required above shall contain such terms and provisions as determined by the Director of Law to protect and benefit the City. This notice is not a substitute for the notice described in division (b) of Section 505.12, but may be issued with that notice.
(Ord. No. 1729-01. Passed 10-22-01, eff. 11-1-01)
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