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§ 91.55 CONSTRUCTION.
   (A)   Any person, firm or corporation that desires or is ordered to construct a sidewalk or entrance pavement in, upon or adjacent to any public way in the city shall obtain a construction permit from the Building Inspector. There shall be no charge for a permit.
   (B)   Al1 sidewalks or entrance pavements as described above shall be constructed according to the City of Irvine Public Sidewalk Specifications and Construction.
   (C)   Sidewalks in the city limits shall be required according to the following conditions, and shall be the responsibility of the developer.
      (1)   Residential. Where a residential block exceeds 900 feet in length, a through sidewalk, in a ten-foot easement may be required by the City Council.
      (2)   Commercial subdivision. Sidewalks shall be required for all commercia1 lots.
      (3)   Industrial subdivision. Sidewalks may be required for industrial lots as determined by the City Council.
      (4)   Sidewalk requirements.
         (a)   Service walks. Parallel to street for general public use.
            1.   Minimum width. If replacing existing walk, same width, but not less than 48 inches. If new walk, 48 inches. Either case never narrower than walks it leads to on other property.
            2.   Thickness. Minimum four inches concrete over base aggregate.
            3.   Slope. Three-fourths inch pitch side to side, draining away from buildings towards parking strip or street. Always adjust slope of new walk gently to meet slope of any abutting existing walk.
            4.   Final surface. Final surface of walk shall be level with material on each side. Voids created by removal of form boards shall be filled.
            5.   Recommended materials. Use of darby or wood float to achieve non-slip surface is recommended over broom finish.
         (b)   Curbs. Also see division (C)(4)(e) below, regarding ramps.
            1.   Full four-inch minimum height in no case lower than parking strip or if parallel to and touching sidewalk, same elevation. If new curb is elevated above parking strip, fill area and reseed. Curb shall be poured eight inches deep.
            2.   Curbs shall have relief joints every six feet.
            3.   Edges shall be rounded minimum one-half inch radius. Use of edging tool required.
            4.   a.   Driveways width at curb shall be four feet wider than drive area. Control joints shall be cut where slope changes to sidewalk level or drive area.
               b.   Concrete below full area of driveway apron must be constant four inches thick.
         (c)   Materials.
            1.   350C psi concrete minimum. Air entrained preferred.
            2.   Expansion joint filler to be used against buildings, retaining walls, steps and other walks already in place.
         (d)   Edges; control joints.
            1.   Edges. All edges rounded minimum one-half inch radius. Use of edging tool required.
            2.   Control joints. Minimum four feet apart with a jointing tool or cut with masonry blade 24 hours after pour.
         (e)   Handicap ramps.
            1.   Minimum width. Thirty-six inches street to walk.
            2.   Maximum slope. One in 12.
            3.   Ramp surface. Ramp surface must be non-slip.
            4.   Diagram.
               a.   Diagram shown below is typical but not only one allowed. Flared sides may be splayed at curb.
               b.   Flared sides are to prevent pedestrians from tripping.
                  c.   Concrete below edge of ramp and for full area of ramp must be four inches thick.
         (f)   Handicapped parking. Contact City Hall for handicapped parking approval areas. These curb areas should be painted bright blue and marked with handicapped parking signs.
(Prior Code, § 90.55) (Ord. 93- , passed - -1993)
§ 91.56 MAINTENANCE AND REPAIR.
   (A)   It shall be unlawfu1 for any person, firm or corporation to dig, break or damage in any manner, sidewalk, curb or entrance pavement as described in § 91.55 except when making improvements to the sidewalk or adjoining property. Anyone causing damage or improvements shall be required to restore the sidewalk and/or entrance pavement within 48 hours of the property damage or completion of the property improvement.
   (B)   It shall be the duty of every person owning real estate abutting and/or fronting on any sidewalk in the city to maintain the sidewalk, at his or her own expense and in a suitable state of repair as far as it fronts or abuts upon his or her property or real estate. Every property owner shall repair or replace all holes or uneven surfaces or other defects in the sidewalk according to the specification described in § 91.55(B).
(Prior Code, § 90.56) (Ord. 93- , passed - -1993) Penalty, see § 91.99
§ 91.57 NOTICE TO REPAIR AND COMPLIANCE.
   (A)   Whenever the Building Inspector or Street Superintendent ascertains the existence of holes or other defects in the sidewalks of the city, it shall be his or her duty to notify, in writing, the owner of the property abutting upon the defective sidewalk, to repair, reconstruct or replace at his or her own expense, within a period of 30 days after delivery of the notice. The notice required hereunder shall be sufficient if given according to any of the following methods:
      (1)   To the owner personally;
      (2)   To the owner by mail addressed to him or her at his or her last known place of residence;
      (3)   If the residence of the owner is unknown, the notice may be mailed or delivered personally to any resident agent of the owner or to any tenant or occupant of the premises of the owner; or
      (4)   If there is no known agent, tenant or occupant of the premises, the notice may be posted on the premises.
   (B)   It is the duty of each owner of the property in the city, within 30 days after receipt of the notice provided for in division (A) above to repair, reconstruct or replace, at his or her own expense, the sidewalk on which his or her property abuts, as specified in the notice an as per the specifications described in § 91.55(B). If the owner is a nonresident of the city, or cannot be found, it shall be the duty of his or her agent in charge of the property upon receipt of the notice, to make the repairs, reconstruction or replacement as herein required. If there is no agent, it shall be the duty of the tenant or occupant of the property upon receipt of the notice to make repairs, reconstruction or replacement as herein required.
   (C)   The owner or representative shall contact the Building Inspector or Street Superintendent for inspections both during and after construction to assure specification compliance.
(Prior Code, § 90.57) (Ord. 93- , passed - -1993)
§ 91.58 LIEN.
   In the event the owner fails to make the repairs, the Building Inspector is authorized to have the necessary repairs made and to assess the costs of the repairs to the abutting owner and notify him or her of the assessment in writing. In the event the owner fails to remit the cost as assessed within 30 days of the notice as given above, the Building Inspector shall take the necessary steps to place a lien against the abutting property owner in the office of the County Clerk in the amount of the unpaid assessment.
(Prior Code, § 90.58) (Ord. 93- , passed - -1993)
§ 91.59 APPEALS.
   Any aggrieved property owner, within ten days of the delivery or posting of a notice to repair, may appeal to the Board of Adjustments, by delivering written notice of the appeal to City Clerk/Treasurer, City Hall, 101 Chestnut St., Irvine, KY 40336, specifying the objections to any noted deficiency. A hearing date shall be scheduled within three days of receipt of the appeal, excluding Saturday, Sunday and holidays. A hearing will then be held within 30 days.
(Prior Code, § 90.59) (Ord. 93- , passed - -1993)
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