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The City Engineer shall use the following criteria in the determination of whether sidewalks shall be repaired or replaced:
(a) Any section having a transverse joint or crack with an elevation difference upon either side of such joint or crack of 5/8" or more at any point.
(b) Any section having a crack or cracks in it of more than 5/8" wide.
(c) Any section having shallow spalling, with such deterioration covering twenty-five percent (25%) or more of the surface.
(d) Any section having deep spalling which in the judgment of the sidewalk inspector is potentially unsafe.
(e) Any section having a transverse slope toward either the curb or the property of more than 5/8" per foot or in such manner as to cause water to pond.
(f) Any section with a longitudinal slope with respect to adjacent sections consisting of a "V" upward or downward of 5/8" per foot or more, or when water is caused to pond.
(g) Settlement of any section at a curb, catch basin, manhole cover, step, cellar door, service door, or other feature when the elevation difference is 5/8" or more.
(h) Any section of sidewalk having two or more major cracks regardless of elevation difference.
These criteria shall be used singly or in combination to determine if defects warrant repair or replacement of sidewalks. (Ord. 91-5898. Passed 7-9-91.)
The owners of lots where sidewalks, curbing or gutters are to be constructed or repaired shall be notified in accordance with Ohio R.C. 715.261 relative thereto and in accordance with the following procedure:
(a) Council shall request an inspection.
(b) Council shall pass a resolution determining the necessity to proceed with the notification of owners.
(c) Notices shall be sent, by registered mail, to owners, to repair or replace in not more than thirty days.
(d) If the notice is returned, or an owner cannot be located, then public notice shall be given in the newspaper.
(e) If a property owner does not construct or replace, the City shall proceed with the work or hire a contractor.
(Ord. 91-5898. Passed 7-9-91.)
(f) The cost of construction shall then be assessed to the property owner or if not reimbursed within thirty days, the Clerk of Council may certify to the County Auditor for placement of the tax duplicate the costs incurred, including the cost of service or publication of notice and any reasonable administrative costs, together with a proper description of the premises, and such costs shall become a lien against such premises and shall be collected as other taxes and returned to the Municipality as provided in Ohio R.C. 715.261.
Upon failure of the owner of any property to cause sidewalks, curbing or gutters to be constructed within the time mentioned in Section 909.04, the Mayor is authorized and directed to cause such sidewalks, curbing or gutters to be constructed and to assess the entire cost of the same against such property and cause the same to become a lien thereon, to be collected in such manner as may be provided by State law, the Codified Ordinances or other City ordinances. The Mayor is hereby authorized and directed to contract for such work with the lowest and best bidder, after advertisement according to law. The Mayor may, at his discretion, let the entire job in one contract, or in several contracts, to cover each of the separate streets.
(Ord. 91-5898. Passed 7-9-91.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor. This section shall not apply when the City proceeds with an action as provided in Section 909.05.
(Ord. 91-5898. Passed 7-9-91.)