(a) In addition to the requirements of other applicable ordinances, every property owner and/or occupant of real estate in the City abutting a roadway shall be required to maintain a sidewalk and driveway apron in good repair.
The Director of Public Service and Development, in accordance with subsection (c) hereof, shall determine what sidewalks and driveway aprons are not in good repair and shall compile a list of such sidewalks and driveway aprons based upon the inspection of the Property Maintenance Officer or his designee.
(b) The Director shall establish a program for carrying out the provisions of this section.
The Director is hereby further authorized and directed to promulgate rules and regulations consistent with the requirements and provisions of this chapter to carry out the intent and purpose of this chapter.
(c) The Property Maintenance Officer of the City or his designee shall inspect the sidewalks and driveway aprons of the City at reasonable intervals and, within the limitations of available funds, require repair or installation of sidewalks and/or driveway aprons in those areas of the City where the most need for the improvement thereof then exists.
(1) A sidewalk or driveway apron block shall be replaced when any of the following conditions are present:
A. A difference of elevation between two slabs at a formed or random joint or crack exceeds one inch;
B. Where a portion of the sidewalk or driveway apron is missing;
C. Where a horizontal gap exceeds one inch;
D. Where a block has buckled, within the limits of the block, to a height which exceeds one inch;
E. Where a block has settled, within the limits of the block, to a depth which exceeds one inch;
F. Where a slab has pitted, spalled, scalled or deteriorated twenty-five percent (25%) or more of its surface;
G. Where a slab has disintegrated or shattered;
H. Where a slab rocks or moves under the weight of a pedestrian; or
I. Where diagonal, transverse and longitudinal cracks interconnect forming a series of polygons resembling an alligator skin.
(2) Upon such determination, the owner of the property shall be notified by personal service or by certified mail, return receipt requested, to make the necessary improvements. If notice is returned undelivered, a copy thereof shall be posted in a conspicuous place on the property to which it relates and a copy of such notice shall be published in a newspaper of general circulation within the City once. No person shall remove or deface a posted copy of such notice without prior written authorization of the Building Commissioner. Such repairs or replacements shall be made within thirty days from the giving of notice when such notice is not returned undelivered or within thirty days following the period of publication or from the date of posting of notice on the property, unless extension(s) are granted by the Building Commissioner due to inclement weather or other unforeseen circumstance.
(3) All workmanship and materials shall conform to the engineering requirements of the City.
(Ord. 91-121. Passed 5-4-92.)
(d) On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Alternatively, should the City of Fairview Park be called upon to make such payment to a third party, the City will look to the adjoining/abutting landowner for contribution and indemnity.
(Ord. 03-45. Passed 11-17-03.)