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CHAPTER 903
Sidewalks
903.01     Sidewalks to be kept in repair; liability for injury or damage.
903.02     Service Director to enforce.
903.03     Survey of streets; notice; repair.
903.04     Permit and fee; grades.
903.05     Repairs by City; collection of costs.
903.06     Construction by City; bids.
903.07     Construction requirements.
903.08     Care, maintenance and repair of tree lawns.
903.09     Repair, replacement of tree lawns after construction or excavation.
903.99     Penalty.
 
CROSS REFERENCES
Construction or repair at owner's expense - see Ohio R.C. 729.01 et seq.
Notice to construct or repair sidewalks - see Ohio R.C. 729.03 et seq.
Violations generally - see GEN. OFF. Ch. 521
Building Code provisions - see BLDG. Ch. 1347
 
 
903.01 SIDEWALKS TO BE KEPT IN REPAIR; LIABILITY FOR INJURY OR DAMAGE.
   (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 in good repair.
   The Service Director shall determine what is good repair, and shall compile a list of defective sidewalks as provided in Section 903.03.
 
   (b)   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 Garfield Heights be called upon to make such payments to a third party, the City will look to the adjoining/abutting landowner for contribution and indemnity. (Ord. 6-2003. Passed 1-27-03.)
903.02 SERVICE DIRECTOR TO ENFORCE.
   The Service Director is authorized to provide a program for carrying out the provisions of Section 903.01.
   The Service Director shall further promulgate rules and regulations consistent with the requirements of this chapter to carry out the provisions hereof.
(Ord. 101-1957. Passed 5-20-57.)
903.03 SURVEY OF STREETS; NOTICE; REPAIR.
   The Service Director or his duly authorized representative shall conduct a survey of the streets of the City from time to time and within the limitations of available funds require repair or installation of sidewalks in those areas of the City where the most need for sidewalks exists, and upon such determination notify the owner of the property to make the necessary improvement.
   Such notice shall be either personally served or forwarded by registered mail, return receipt requested, to owners residing within the County. In the event the owner of such property resides outside the County, the notice shall be published in a newspaper of general circulation within the City for two consecutive weeks.
   The owner of the affected property shall have thirty days during which to make the necessary improvement by construction or repair of a public sidewalk.
   The thirty-day period shall commence running from the date of giving of notice or following the period of advertisement. (Ord. 101-1957. Passed 5-20-57.)
903.04 PERMIT AND FEE; GRADES.
   The installation of sidewalks required by this chapter shall not be made by the owner until a permit has been obtained from the Service Director. The cost of such permit shall be five cents (5¢) per lineal foot but not less than two dollars ($2.00) for repair of an existing sidewalk, and ten cents (10¢) per lineal foot but not less than five dollars ($5.00) for the installation of a new sidewalk where none has existed before. The Director shall cause the grade of the sidewalk to be established prior to the issuance of such permit, if the grade can be established in relation to a permanent paved roadway, or existing sidewalks on adjoining property. In the event there is no permanent paved roadway or existing sidewalks on adjoining property, the grade shall be established by the Engineer and he shall receive three-fifths of the permit fee but not less than three dollars ($3.00) of the permit fee as and for services in establishing the grade. (Ord. 101-1957. Passed 5-20-57.)
903.05 REPAIRS BY CITY; COLLECTION OF COSTS.
   If, after the expiration of thirty days following the giving of the notice required in Section 903.03, the repair or installation of sidewalks is not made by the owner, the Service Director or the Engineer shall establish the grade as required in Section 903.04, and the Director shall order the installation or repair of the sidewalk under the overall sidewalk contract of the City as hereinafter provided. The installation and/or repair of such sidewalk shall be supervised by the Department of Public Service.
   Upon completion of such work by the City, a statement by the Finance Director shall be forwarded to the owner at his tax mailing address as shown in the records of Cuyahoga County by registered mail, return receipt requested.
   If any notice herein required to be given by registered mail, return receipt requested, is not delivered to such owner or his agent as evidence by the postal return thereon, it shall then be advertised in a newspaper of general circulation in the City for a period of not less than two weeks.
   The statement shall include the cost of repair and/or installation, the cost of the notices, ten dollars ($10.00) for establishing the grade and supervision for each lot as shown by the subdivision plat records and all other necessary expenses. The owners shall thereafter have thirty days during which to pay such expenses, and if not paid at the expiration of the thirty-day period, the cost shall thereupon constitute a lien upon the lots and lands so benefitted and a tax is levied therefor. The Finance Director shall certify such tax lien to the Auditor of Cuyahoga County.
   The Finance Director shall receive two dollars and fifty cents ($2.50) per parcel as shown by the permanent parcel number of Cuyahoga County, for certifying such tax lien to the Auditor of the County of Cuyahoga; the Auditor of Cuyahoga County shall make his usual charge for servicing such tax lien; the charges of the Finance Director and the Auditor of the County shall constitute a lien upon the lots and lands benefitted by such sidewalk.
   The Auditor of the County shall place such lien for collection upon the duplicate for the tax collection next following; the amount due as a lien upon the lots and lands benefitted shall be collected during the earliest tax collection period next following.
(Ord. 101-1957. Passed 5-20-57.)
903.06 CONSTRUCTION BY CITY; BIDS.
   The Service Director, with the approval of the Finance and Service Committees of Council, shall estimate during the first month of each and every year the number of square feet of sidewalk that will be laid in the City during such year, available funds, circumstances and conditions permitting. He shall thereafter, without further authorization, advertise for bids for the laying of concrete sidewalks, in accordance with City specifications and the estimate, reserving to the City the option to order more or less as circumstances and conditions warrant.    The Board of Control shall award a contract to the lowest and most responsible bidder who shall thereafter lay sidewalks required by the City during the balance of such calender year. The bid required hereunder shall provide that the price is to be based on normal grade situations. In the performance of individual jobs involving grades that require filling with or removal of earth or other materials, not including cinders and slag, the Director shall agree with the contractor for the reasonable cost of the earth removal or fill in amounts not to exceed fifty cents (50¢) per front foot of the lot and land to be benefitted; in the event the cost of earth fill or removal exceeds fifty cents (50¢) per front foot, the contractor shall perform the work only after approval of the price by the Board of Control.
(Ord. 101-1957. Passed 5-20-57.)
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