(a) Definitions. The terms used in this section shall have the meanings herein unless another meaning is clearly apparent in the language or context.
(1) "Owner" means:
A. In the case of land, any person who is recorded on the tax records as the owner of the land, or
B. In the case of property other than land, any person who is in lawful possession thereof.
(2) "Person" means any individual, corporation, society, association, partnership, or firm and the successor or the heir, executor, administrators, or other legal representatives of a person.
(3) "City of Greenville" means the Safety-Service Director or his/her designee.
(b) Sidewalk Assessment Policy.
(1) In addition to the power conferred upon municipal corporations under R.C. §727.01 to construct sidewalks, curbs, or gutters and levy an assessment therefor, the legislative authority of a municipal corporation may require the construction or repair of sidewalks, curbs, or gutters within the municipal corporation by the owners of lots or lands abutting thereon, and upon the failure of such owners to construct or repair such sidewalks, curbs, or gutters within the time prescribed in the resolution adopted under R.C. §729.02, may cause such sidewalks, curbs or gutters to be constructed or repaired and assess the total cost thereof against the lots or lands abutting thereon, notwithstanding the provisions of R.C. §§727.03 and 727.05.
(2) In order to provide a safe and ongoing environment for pedestrian traffic throughout the City of Greenville, the following sidewalk assessment policy shall be implemented according to the following procedures:
A. The City will evaluate existing sidewalk conditions throughout designated areas as selected by City Council that needs to replace, repair or install sidewalks. Curbs may or may not be taken under consideration depending on individual situations.
1. A sidewalk section shall be replaced when the City determines any of the following conditions are present:
a. Adjoining blocks or portions thereof whose edges differ vertically by one-half inch or more.
b. Where a slab has pitted, spalled, scalled or deteriorated twenty-five percent or more of its surface.
c. When adjacent to curb, any offset over one inch, other than crosswalks.
d. Blocks having depressions, reverse cross-slopes, or below curb grade.
e. Blocks that are settled due to underground utility laterals.
f. Where a portion of the sidewalk or driveway apron is missing.
g. Where a slab rocks or moves under the weight of a pedestrian.
h. Where diagonal, transverse and longitudinal cracks interconnect forming a series of polygons resembling an alligator skin.
2. A sidewalk section may be repaired via horizontal cutting when adjoining blocks or portions thereof exceed one-quarter inch of vertical separation. Such planar slopes shall not exceed 1:2 slope.
B. Once the targeted areas for the upcoming year are determined, the City will notify the appropriate property owners of the intent and scope of the proposed project and address the property owner's responsibility to perform the sidewalk improvement and their right to appeal administrative decisions, by serving written notice to the City within thirty days requesting review by the Safety Committee of Council which decision shall be final.
C. The Safety/Service Director will present to Council the recommendations for sidewalk improvement projects including the property owner names, addresses, and estimates of assessment. If it is deemed necessary by Council to construct or repair the sidewalks, as recommended pursuant to the foregoing, Council shall cause plans, specifications and an estimate of cost of the proposed construction or repair to be prepared, showing the location and dimension of the sidewalks to be so repaired or constructed. Such plans, specifications and estimate shall be filed with the office of the Clerk of Council.
D. After filing the plans, specifications, and estimate of cost, Council may adopt a resolution of necessity, declaring the necessity of the construction or repair described in such plans. Such resolution shall:
1. Approve the plans, specifications, and estimate of cost;
2. Describe the lots and lands abutting the proposed sidewalks to be constructed or repaired by the termini of the improvement or by street address;
3. Set forth that such sidewalks shall be constructed or repaired by the owners of the lots or lands abutting thereon in accordance with the plans and specifications on file;
4. Set forth the time in which such work shall be completed by such owners, in compliance with City of Greenville Standards, which time shall not be less than thirty days of the passage of the resolution of necessity; and
5. State that if such sidewalks are not constructed or repaired by the owners in accordance with such plans and specifications, and within such time period, that the City shall so construct or repair the sidewalks and shall, thereafter, assess the cost thereof against the abutting property.
E. Notice of the passage of the resolution of necessity shall be served by the Clerk of Council upon the owner of the property abutting the sidewalks to be constructed or repaired. Service of such notice shall be by one of the following methods:
1. In the same manner as service of summons is accomplished in a civil case;
2. By certified mail addressed to such owner at his or her last known address or to the address to which the tax bills are sent; or
3. By a combination of the foregoing methods.
If any such owner cannot be found by any of the above methods, such owner shall be served by publication of the notice on the official City of Greenville website.
F. The foregoing notice shall set forth the following:
1. Where the plans and specifications are on file;
2. The time within which an affected property owner may complete such sidewalk construction or repair; and
3. State that if such owner does not construct or repair such sidewalks in accordance with the plans and specifications, and within such time, the City shall do so and shall, thereafter, assess the cost thereof against the property of such owner.
G. After expiration of the time within which property owners may construct or repair the sidewalks, the City shall cause the construction or repair of the sidewalks which have not been constructed or repaired by the abutting property owner.
H. Should the abutting owner not construct or repair the sidewalks in accordance with the plans and specifications and within such time, after the construction or repair of the sidewalks has been completed by the City, the total cost of such construction or repair shall be ascertained and reported to Council by the Clerk of Council.
I. Council shall thereupon cause a list of estimated assessments to be prepared and placed on file for inspection in the office of the Clerk of Council.
J. Council shall publish notice that the estimated assessments have been made and that the same are on file in the office of the Clerk of Council for inspection. Such notice shall be published on the City of Greenville website for three consecutive weeks.
K. Any person who objects may file a written objection with the Clerk of Council within two weeks after the expiration of the notice required pursuant to the immediately preceding paragraph.
L. After review of any objection(s) filed pursuant to the immediately preceding paragraph, Council shall adopt an ordinance levying upon the property enumerated in the list of estimated assessments, with such changes as Council determines to be proper after consideration of any objection(s) filed. The said ordinance shall state the following:
1. The number of annual installments, not exceeding ten over which the assessments are payable;
2. The interest rate to be charged (generally, the same rate as the bonds, if any, issued in anticipation of the collection thereof or the average short-term interest rate earned by the City on its investments); and
3. Shall establish a period during which such assessments may be paid in cash.
M. The levy of assessments shall be filed with the Darke County Auditor within twenty days following the passage of the assessing ordinance referred to in the immediately preceding paragraph.
N. Upon passage of the afore-referenced ordinance assessing assessments, Council shall publish a notice of such passage and that such assessment has been made and is on file in the office of the Clerk of Council for public inspection. Such notice shall be published once in a newspaper of general circulation within the City.
(Ord. 19-96. Passed 8-20-19.)