1020.08 POLICY CONCERNING SIDEWALK, CURB AND GUTTER CONSTRUCTION AND REPAIR.
   (a)   All sidewalk, curb and gutter construction and repair shall be in accordance with such standards for design and construction as Council may adopt. Construction and repair shall be in compliance with the permit issued pursuant to this chapter and carried out under City inspection within the time fixed or agreed upon by the City Engineer.
   (b)   Council places a high priority on the maintenance and repair of sidewalks, curbs and gutters in established areas of the City where these improvements exist in whole or part.
   Council shall encourage and require property owners to maintain and repair these improvements to protect the public's safety and welfare.
   Council shall, on an annual basis, determine areas of the City where maintenance and repair will, in its opinion, provide the greatest improvement to the public's safety and welfare. In determining the priority for these areas, Council shall take into consideration the following factors:
      (1)   Percent of defective improvements over the area;
      (2)   Pedestrian and vehicular volumes;
      (3)   Accident history and potential for accidents;
      (4)   Location of high traffic generators such as schools, churches, medical facilities, parks, swimming pools, public buildings, shopping centers and business and other facilities which tend to increase traffic volumes;
      (5)   Existence of proper storm drainage facilities;
      (6)   Proposed street improvements;
      (7)   Age of existing facilities;
      (8)   Maintenance history; and
      (9)   Limits of the work load which can be effectively and efficiently administered.
   (c)   The construction of sidewalks, curbs and gutters shall continue to be required in new subdivisions in conformity with the Zoning Code and the Subdivision Regulations.
   (d)   The construction of sidewalks, curbs and gutters in established areas of the City where these improvements do not exist shall be required when the degree of requirement reaches that point which, in the opinion of Council, necessitates construction. In determining the priority for construction of these improvements, Council shall take into consideration the following factors:
      (1)   Percent of improvements missing in the area;
      (2)   Pedestrian and vehicular volumes;
      (3)   Accident history and potential for accidents;
      (4)   Location of high traffic generators such as schools, churches, medical facilities, parks, swimming pools, public buildings, shopping centers and business and other facilities which tend to increase traffic volumes;
      (5)   Existence of proper storm drainage facilities;
      (6)   Proposed street improvements;
      (7)   Extent of development present or imminent in the immediate area;
      (8)   Limitations on construction feasibility such as:
         A.   Unreasonable construction costs;
         B.   Undesirable finished grades;
         C.   Obstacles in the right of way or difficulty in obtaining a right of way; and
         D.   Building encroachments; and
      (9)   Limits of the work load which can be effectively and efficiently administered.
   (e)   The City Engineer is hereby authorized and directed to investigate and submit written reports and recommendations to Council on an annual basis, or as otherwise determined by Council, as to the areas where construction and/or repair of sidewalks, curbs and gutters is required in accordance with the policies provided herein.
   (f)   When Council determines that construction and/or repair is required, work shall be ordered in conformity with Ohio R. C. Chapter 729.
   Specifically, the City shall notify the abutting property owner of such requirement and shall allow such property owner thirty days, during the construction season, which is normally considered to be May 1 to October 1, to construct and/or repair the sidewalks, curbs and gutters according to the requirements set by the City. In the event construction and/or repair is not completed within the specified time, Council shall authorize the construction and/or repair of such improvements and assess the cost of the improvements to the abutting property owner.
(Res. 55-74. Passed 7-9-74.)