(a) Sidewalks having the following characteristics are determined to be in need of maintenance:
(1) Any block having multiple cracks or any single crack larger than one-fourth (1/4) inch wide;
(2) Adjoining sections of block, or portion thereof, whose edges differ vertically by one-half (1/2) inch or more;
(3) Any block with a transverse slope in excess of three-eighths (3/8) inch plus or minus one- eighth (1/8) inch per horizontal foot toward the street;
(4) Any block with a reverse slope (a slope away from the street);
(5) Any block with a depression or depressions that impound water to a depth of one- quarter (1/4) inch or more;
(6) Any block with disintegrated or deteriorated areas or missing pieces or missing particles of aggregate;
(7) Any adjoining blocks the expansion or control joints of which are separated by one-half (1/2) inch or more;
(8) Any block which the Director of Public Service determines to be hazardous, regardless of whether it has any of the characteristics set forth in paragraphs (1) through (7) of this division.
(b) When the Director of Public Service determines that an owner is in violation of the provisions of division (b) of Section 505.11 because the sidewalk or sidewalks abutting said owner’s property have one (1) or more of the characteristics set forth in division (a) of this section, said 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 further provide that within thirty (30) days after service of the notice, the recipient thereof shall:
(1) Remedy the violation;
(2) Appeal the Director’s determination to the Board of Sidewalk Appeals; or
(3) Submit payment and enter into an agreement pursuant to division (d) of Section 505.11.
The notice shall clearly indicate to the recipient that if the recipient fails to take one (1) of the three (3) steps listed in this division within thirty (30) days after service of the notice, the recipient may be found guilty of a fourth degree misdemeanor.
(c) If an appeal is filed after service of the notice provided for in division (b) of this section, the Board of Sidewalk Appeals shall have the 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 City ordinances and specifications regarding sidewalk maintenance. 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. The Board shall issue an order setting forth its findings and indicating the period of time within which the owner must comply therewith.
(d) If the Board of Sidewalk Appeals issues an order pursuant to division (c) of this section, the property owner to whom the order applies may appeal such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Written notice of such appeal shall be filed with the Board within ten (10) days after the making of such order. Within ten (10) days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul the order from which the appeal has been perfected, and the decision of the Board shall be final with respect to all parties thereto.
(e) Notwithstanding any other provision contained in this section, any notice served pursuant to division (b) of this section between November 15 of one (1) year and February 1 of the succeeding year to an owner of a parcel of land which is located within the Central Business District shall provide that the violation shall be remedied or the Director’s determination appealed within thirty (30) days of the end of that period. Any order issued pursuant to division (c) of this section and any decision of the Board of Zoning appeals pursuant to division (d) of this section shall take into consideration the provisions of Section 505.05.
(f) Any owner who violates the provisions of division (b) of this section or fails to comply with or appeal an order of the Board of Sidewalk Appeals issued pursuant to division (c) of this section within the period set forth in said order or fails to comply with the decision of the Board of Zoning Appeals pursuant to division (d) of this section shall be guilty of a misdemeanor of the fourth degree. Each day during which noncompliance or a violation continues shall constitute a separate offense. Provided that the fine set forth herein shall not, with respect to any one (1) service of notice, exceed three (3) times the cost of the sidewalk maintenance required in such notice, as estimated by the Director of Public Service. The fine set forth herein is mandatory and shall not be suspended by the court, in whole or in part. All fines collected for violations of this section, or an amount equal to the fines collected, shall be credited to the Neighborhood Sidewalk Assessment Fund, and such monies are hereby appropriated for the purposes for which the fund was created.
(Ord. No. 837-2000. Passed 7-17-00, eff. 7-25-00)