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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.)
903.07 CONSTRUCTION REQUIREMENTS.
   All sidewalks shall consist of a slab of concrete five feet wide and four inches thick. (Ord. 101-1957. Passed 5-20-57.)
903.08 CARE, MAINTENANCE AND REPAIR OF TREE LAWNS.
   (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 tree lawn in good repair. For purposes of this section, "tree lawn" means the strip of land between the sidewalk and curb, or if there is no curb, the roadway.
   (b)   Any property owner and/or occupant not within a Class U-1 or U-2 Use District may, upon proper application and permit being granted as hereinafter set forth, construct a concrete tree lawn with a slab of concrete not less than four inches thick.
 
   (c)   The installation of concrete on tree lawns required by this chapter shall not be made by the owner or occupant 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). Repair of an existing tree lawn shall be ten cents (10¢) per lineal foot, but not less than five dollars ($5.00) for the installation of concrete on the tree lawn where none has existed before. The Director shall cause the grade of the tree lawn 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. 119-1965. Passed 12-13-65.)
903.09 REPAIR, REPLACEMENT OF TREE LAWNS AFTER CONSTRUCTION OR EXCAVATION.
   Any person, firm or corporation which desires or is required to excavate any portion of a tree lawn within the City, or as a result of construction will cause damage to an existing tree lawn within the City, shall first obtain a permit therefor from the Building Commissioner setting forth an application for such permit, the date and extent of such excavation or construction as well as anticipated date of completion.
   Such person, firm or corporation shall post sufficient and satisfactory bond or letter of indemnity satisfactory to the Commissioner assuring, that upon completion of excavation and/or construction, the disturbed section of the tree lawn shall be put back in the same condition or better than it was when excavation and/or construction was commenced excepting, however, sod shall be used to replace all tree lawn damage occasioned by the excavation and/or construction.
(Ord. 11-1972. Passed 2-14-72.)
903.99 PENALTY.
   Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree.