(A)   Supervisory responsibility of sidewalk maintenance plan. The sidewalk management plan shall be the responsibility of the City Codes Enforcement Officer. The Codes Enforcement Officer will implement the sidewalk management plan as follows:
      (1)   All sidewalks within the city shall be inspected by the Codes Enforcement Officer, or his agent(s), annually.
      (2)   After inspection all sidewalks will receive a safety rating on a descending numerical scale as follows: 1=Excellent; 2=Good; 3=Poor; 4=Bad; and 5=Dangerous.
      (3)   A prioritized repair/replacement list will be developed based on the following criteria:
         (a)   Safety rating by the Codes Enforcement Officer;
         (b)   Proximity to major traffic areas;
         (c)   Amount of pedestrian traffic;
         (d)   Proximity to other sidewalks also needing repair; and
         (e)   History of prior accidents and complaints.
      (4)   Cost estimates will be provided for the identified replacement/repair area:
         (a)   By the entire overall area, and
         (b)   By individual property owner portion.
      (5)   Property owner(s) will be given a notice of the city's intent to replace/repair the sidewalk including a cost estimate for the repair/replacement, the property owner's payment obligations, and a proposed schedule for the project.
   (B)   Responsibility for replacement/repair of sidewalks. The replacement/repair of sidewalks shall be a joint effort between the City of Flemingsburg and the adjacent property owners as follows:
      (1)   The sidewalk to be replaced/repaired must be located within the city limits of the City of Flemingsburg in order to be considered for repair/replacement.
      (2)   The city may pay one hundred percent (100%) of the replacement/repair costs for sidewalks when grant funds are available for this purpose.
      (3)   The city may pay one hundred percent (100%) of the replacement/repair costs for sidewalks that promote business growth and development as approved by the Mayor on a case-by-case basis within these guidelines.
      (4)   The city may share the replacement/repair costs for sidewalks with the adjacent property owner on a seventy-five percent - twenty-five percent (75% - 25%) basis as authorized by the Mayor on a case-by-case basis within these guidelines.
      (5)   When replacement/repair costs are to be shared between the city and the adjacent property owner, both parties shall sign a contract specifying each party's obligation.
      (6)   In lieu of payment in full for his/her portion of the sidewalk replacement/repair costs, the adjacent property owner may, with the approval of the Mayor, contract with the City Clerk for an installment payment plan not to exceed thirty-six (36) months in duration.
      (7)   Property owners who fail to pay their portion of the sidewalk repair/replacement costs as specified in subsections (B)(5) and (B)(6) shall have a lien placed against their property to recover said property owner's portion of the costs.
      (8)   Property owners who choose not to participate in the cost sharing arrangement will be billed for the full replacement/repair cost and will have a lien placed on their property to recover the costs if necessary.
      (9)   Sidewalks damaged by property owners or sidewalks replaced for the convenience of the property owner such as, but not limited to, those adjacent to new construction, shall be paid for entirely by the property owner.
      (10)   When sidewalk replacement/repair is necessitated by damage resulting from some intentional act or negligence by someone other than the property owner, the responsible party(ies) will be billed for the costs of the replacement/repair.
      (11)   Nothing in the sidewalk management plan shall prevent a property owner from paying one hundred percent (100%) of the costs for replacement/repair of adjacent sidewalks upon approval by the city.
      (12)   This sidewalk management plan is subject to available funding and the priority of individual projects shall be determined by the city.
      (13)   The city shall be the sole interpreter of the sidewalk management plan.
   (C)   Minimum standards for construction of sidewalks. All sidewalks being constructed or replaced in the city shall be constructed to these minimum standards. Any other standards issued by entities or agencies that have authority to regulate the construction of sidewalks in Flemingsburg, Kentucky may also apply:
      (1)   All sidewalks shall be replaced to the width of the current sidewalk at a minimum of thirty-six (36) inches. Any sidewalk that is replacing a sidewalk with a width of less than thirty-six (36) inches must also conform to the thirty-six (36) inch minimum. All new sidewalks being constructed must have a minimum width of forty-eight (48) inches.
      (2)   All sidewalks shall have a six (6) inch curb at the street side with a one (1) inch rounded corner.
      (3)   The curb shall extend at least one (1) inch into the sub-grade.
      (4)   Sidewalk thickness must be a minimum of four (4) inches and a minimum of six (6) inches at driveway crossing apron.
      (5)   Concrete used in sidewalk repair/replacement shall be a minimum of 3500 psi Class A concrete. Stamped concrete or brick pavers may be used for new sidewalk construction with prior approval of the Codes Enforcement Officer or the Mayor.
      (6)   Welded wire and/or rebar shall be used to reinforce the sidewalk and rebar shall be used at driveway aprons to add additional support.
      (7)   All sidewalks and aprons shall be finished with a medium Broom finish that provides a non-skid finish.
      (8)   Scoring of the sidewalk shall be at least three-fourths (3/4) inch deep at a distance equal to the sidewalk width.
      (9)   An expansion joint is required whenever new concrete meets old concrete, foundations, existing buildings, or other fixed objects.
      (10)   A sidewalk shall be sloped toward the street with no more than a one-fourth (1/4) inch/one (1) foot of slope.
      (11)   Detectable warning areas shall be placed at all street intersections and commercial driveway aprons. Dimensions and design of warning areas shall follow standards provided by the Americans with Disabilities Act (ADA).
      (12)   Soil shall be graded and seeded after the project is complete to prevent soil erosion.
      (13)   Sidewalks constructed by property owners may exceed these standards at the owner's expense with approval of the Codes Enforcement Officer or the Mayor.
(Ord. 9-12-1, passed 9-10-12)