The following regulations govern the maintenance of existing sidewalks:
(a) Maintenance of Concrete Sidewalks. No owner of a lot or parcel of land situated within the Village shall fail to maintain the existing sidewalk along a street or alley adjacent to the owner's lot or parcel allowing any of the following defined hazards:
(1) Stubtoes. The vertical misalignment along any part of the seam between two slabs, or between sections within a slab, fractured by cracks, one inch in elevation or greater.
(2) Traverse (lateral) slope. Any individual slab or portion of a slab that slopes either toward the paved portion of the street or the adjoining property at a ratio of more than one inch per horizontal foot.
(3) Longitudinal slope. Other than handicapped ramps as set forth in Ohio R.C. 1355.04, an individual slab, or fragmented section of a slab, that deviates from the average line of the sidewalk surface level at a ratio of more than one inch per linear foot.
(4) Gaps. A space between slabs, or the depth of the gap between slabs, in excess of one inch in width, and those caused by the absence of a fragmented section of the sidewalk, exceeding one inch in width.
(5) Surface quality.
A. Cracked slabs. Slabs fragmented by cracks into four or more sections, where any one of the gaps between fragments is greater than one inch in width or depth.
B. Pitted slabs. Slabs whose surface is granular and contains hazardous depressions of surface breakup in excess of one inch in depth. Depth is to be determined by a two-foot straight edge laid on the surface of the sidewalk.
(6) Surface irregularity. Any surface irregularity in the sidewalk that allows impounding of water in an area of more than one square foot.
(b) Inspections.
(1) Upon a complaint setting forth the location of a defective sidewalk, the name of the complainant and any other necessary information, the Village Administrator or his or her designee shall schedule an inspection of such sidewalk.
(2) The Village Administrator or his or her designee shall establish a routine inspection of sidewalks throughout the Village. Repair or replacement of sidewalks shall be accomplished according to the program schedule established.
(3) All new construction grading, repairing or replacing of such sidewalks shall comply with ODOT Item 608. ODOT Item 608 is as follows:
Item 608 - Walks, Curb Ramps and Steps
608.01 Description
608.02 Materials
608.03 Concrete Walks
608.01 Description. This work shall consist of constructing walks of specified materials in reasonably close conformity with lines, grades and dimensions shown on the plans or established by the Engineer.
608.02 Materials. Materials shall be:
Concrete (Class C) 499 and 511
Expansion Joint Material 705.03
Reinforcing Steel 509.02
608.03 Concrete Walks.
(a) Excavation. Excavation shall be made to the required depth and to a width that will permit the installation and bracing of forms. The subgrade shall be shaped and uniformly compacted to a surface conforming to the plans or as ordered.
(b) Forming. This item may be cast-in-place or slip formed. For cast-in-place construction, forms shall be made of wood or metal and extend for the full depth of the concrete, and be of sufficient strength to resist the pressure of the concrete without springing. If slip formed, the provisions of Section 609.04(c) shall apply.
(c) Placing and Finishing. The subgrade shall be moistened thoroughly immediately prior to placing concrete. The concrete shall be deposited in a single layer. It shall be struck off with a template and smoothed with a float to obtain a sandy texture. No plastering will be permitted. All outside edges and joints shall be edged with a one-fourth inch radius edging tool. The surface of the walks shall be divided into equally spaced blocks at approximately five-foot intervals, to form rectangular blocks. Transverse joints in concrete walks shall be sawed or formed to a depth of not less than one-fourth the thickness of the slab and shall be approximately one-eighth inch wide. Expansion joint filler one-half inch thick shall be installed between the walk and any fixed structure, extending the full depth of the walk. The expansion joint filler shall be one inch thick where the walk is installed against the back of the curb, which is a 250-foot or smaller radius, such as at street intersections.
(d) Transverse Slope. The surface of the walks shall have a transverse slope of one-fourth inch per foot, with the low side adjacent to the roadway.
(e) Curing. Concrete shall be cured as required in Item 451 except that a membrane cure shall be applied at a rate of not less than one gallon per 200 square feet of surface.
(f) Village's Options. The Village retains the right to bid out and construct any new sidewalk construction within the Village.
(c) Statement of Repair; Notice to Owner. When the Village Administrator or his or her designee, upon any such inspection, determines that it is necessary to construct, grade, repair or replace any sidewalk within the Village in accordance with standards and specifications prescribed and on file in the Administrator's Town Hall office, he or she shall prepare a statement showing the location of the sidewalk, the nature of the construction and repairs or replacement necessary, and shall serve such statement and notice personally or by certified mail to the owner of the property. If the owner cannot be notified by personal service or by mail, the notice may be served by publishing the same once a week for two consecutive weeks in a newspaper of general circulation within the Village. This notice shall fix a time within which such construction, repair or replacement must be completed.
(d) Repair by Owner or Contractor. If the construction, repair or replacement is performed by the owner or his or her agent, the owner or his or her agent shall first obtain a permit from the Town Hall. The work shall be performed according to the specifications on file with the Village Administrator or his or her designee.
(e) Prohibition Against Removal of Existing Sidewalks. No person shall remove an existing sidewalk without replacing the sidewalk with a new sidewalk in conformity with this chapter, unless the Sidewalk Commission approves removal of the sidewalk.
(f) Sidewalk Variance.
(1) Request for sidewalk variance. If an owner of a lot or parcel of land in the Village is repairing or replacing an existing sidewalk or is installing a new sidewalk, he or she may petition the Sidewalk Commission, in writing, for a variance from the requirements of this chapter.
(2) Conditions for granting of variances.
A. Special conditions and circumstances must exist which are peculiar to the proposed replacement or installation of sidewalks.
B. The special conditions and circumstances must not be created solely by the applicant.
(g) Assessment of Installation of Sidewalks. At its option, the Village may utilize the provisions contained in Ohio R.C. Chapter 727 or Section 729.11 to repair, replace or construct sidewalks that are in violation of any provision of these Codified Ordinances.
(Ord. 98-009. Passed 5-19-98.)