The County Engineer is designated as an agent for the county to administer all sidewalk projects under this subchapter, within the following guidelines.
(A) (1) The county shall notify the owner(s) of property abutting any public sidewalk in the county, outside the corporate limits of the cities of Owensboro and Whitesville, when repair or reconstruction of the sidewalk becomes necessary to maintain it in a reasonably safe condition for the use by the public.
(2) The notice shall inform owner(s) of necessary repairs and request that the owner(s) complete the work within a reasonable time.
(3) If owner(s) fail to begin necessary repairs within ten days after receiving notice, the county may complete the necessary repairs at the owner(s) expense.
(4) After completing repairs, the county shall send the owner(s) a statement of the cost to repair.
(5) If the owner(s) fail to pay costs to repair within 30 days after the date of the notice, the County Treasurer shall file in the County Clerk’s office, a statement of the costs incurred by the county which shall become a lawful lien against the property and shall bear interest at the rate of 8% per annum until paid.
(B) The county shall furnish and pay for cement concrete material for approved sidewalk repair, if and only if, property owner(s) pay all other costs necessary to complete the sidewalk project.
(C) The county shall not furnish materials for sidewalks outside of public rights-of-way.
(D) The county may furnish concrete material to reconstruct sidewalks to existing width, but not less than four feet.
(E) The county shall not furnish concrete to construct or reconstruct driveway aprons (that portion of a driveway entrance or exit from the sidewalk to the street curb).
(F) The County Engineer shall establish and enforce requirements for permits, bonds and construction specifications.
(G) (1) When a property owner(s) receives a notice to repair a sidewalk or requests the County Engineer to assess proposed sidewalk work, the County Engineer shall estimate the theoretical volume of concrete needed to complete the work.
(2) The county shall pay an amount equal to the cost of the theoretical volume of concrete at the county’s contract rate. The County Engineer shall furnish this information to the owner(s). The actual payment by the county shall be based on field measurements as per division (H) of this section.
(H) The county shall base its payment to owner(s)/contractor for cement concrete upon measurements and calculations by the County Engineer using theoretical volumes required for the proposed work. In calculating the theoretical volume, the county shall use sidewalk thickness of four inches, except it shall use a six-inch thickness for sidewalks crossing driveways. The county may add up to 5% of the theoretical volume for normal construction variation and waste. Property owner(s) shall pay for all cement used over and above the calculated volume.
(I) Owner(s) shall use cement concrete only from the county’s concrete materials contractor for work approved under this subchapter. The county shall pay its contractor at the county’s contract price. The owner may purchase additional concrete from any vendor, but the owner(s) shall pay the vendor.
(J) The county shall determine if the condition of a sidewalk requires repair and or reconstruction.
(K) The County Engineer shall determine and resolve any questions or circumstances regarding the sidewalk work performed under this subchapter.
(Ord. KOC 620.7, passed 7-15-1980; Ord. KOC 620.7 (2015), passed 4-2-2015)