(a) Definitions. Certain words or expressions, as used in this section, shall be construed to mean as follows:
(1) “City” means the City of Kenton, Ohio.
(2) “Construction” means the construction of new work where no work has previously been done.
(3) “Council” means the Council of the City of Kenton.
(4) “Curb” means the concrete barrier at the edge of pavement, usually separating the street from the tree lawn or sidewalk.
(5) “Mayor” means the Mayor of the City of Kenton.
(6) “Owner” means the owner, owners, leaseholder or agent thereof, holding title to any private property adjoining any street in the City.
(7) “Pedestrian” means any natural person afoot.
(8) “Reconstruction” means the relaying or rebuilding of old work as a whole.
(9) “Repair” means the resurfacing or reconditioning of old work in part.
(10) “Right-of-way” means any public property dedicated for public use as a street, avenue, boulevard, lane, alley or public thoroughfare.
(11) “Sandstone slab” means any natural stone slab used as sidewalk pavement.
(12) “Sidewalk” means that part of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
(13) “Sidewalk subspace” means any open space under the surface of a sidewalk adjacent to a building.
(14) “Street” means the entire width between the boundary lines of every way open to the use of vehicular travel.
(b) Sidewalks Required. Sidewalks shall be required as follows:
(1) On all streets in newly platted subdivisions.
(2) On properties where a new primary structure is being constructed.
(3) In all areas where sidewalks have heretofore existed.
(c) Sidewalks Not Required.
(1) Sidewalks shall not be required as follows by reason of the fact that they do not constitute thoroughfares. Exemptions:
A. Alleys and unplatted streets.
B. On unimproved streets with a right-of-way of less than 30 feet.
C. Dead-end streets, excluding corner lots.
D. In all platted and recorded industrial parks where said property is zoned exclusively for industrial use.
(2) All matters pertaining to exemptions or variances shall be under the jurisdiction and authority of Council and its committees.
(d) Duty to Keep Sidewalks in Repair and Clean.
(1) The owners or occupants of lots and land in the City shall keep the sidewalk in front of and along their respective lots in good repair and free from filth, mud or any nuisance. The owners or occupants shall remove all snow, ice and dirt from the sidewalk along or in front of their respective property within 12 hours after any snowfall or within two hours after being notified by the Safety Service Director to remove the same.
(2) All existing sidewalks shall be kept clear of any obstructions which would prevent pedestrian use.
(3) It shall be the duty of the Chief of Police to report all violations of this section to the Safety Service Director.
(4) Whoever violates this section is guilty of a minor misdemeanor.
(e) Inspection and Repair of Sidewalks.
(1) The Safety Service Director or his or her agent shall have the right to inspect any sidewalks in the City and shall notify in writing the owner or agent of the owner of the property that the sidewalk is in need of repair or replacement and that the same will need to be repaired or replaced within 90 days after the service of such notice. On failure of such owner to repair or replace such sidewalk, the Safety Service Director, pursuant to this section, shall cause said sidewalk to be repaired or replaced when it is deemed necessary for public safety and welfare.
(2) The 90-day period above stated may be extended by the Safety Service Director in writing for good cause or extenuating circumstances as determined by the Safety Service Director.
(f) Service.
(1) Upon information that sidewalks are in need of repair or replacement within the City, the City Police Department or Safety Service Director shall cause a written notice to be served. Such notice may be served by one of the following methods:
A. Delivery by personal service upon the person to whom the notice is directed or such person's agent; or
B. Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the last known address which is reasonably calculated to reach the party named in the notice.
(2) If the notice is returned showing that the letter was not delivered because the addressee no longer lives there, is unknown, or because a wrong address was used and no other address is known, then a copy of said notice shall be posted in a conspicuous place in or about the structure affected by such notice, and the notice shall be published at least once in a newspaper of general circulation in the City.
(3) The Safety Service Director or his or her agent shall give notice to any property owner whose sidewalk is in need of repair or replacement. The notification shall require the property owner to repair or install sidewalks at his or her own expense within 90 days from date of notification. The notification shall also give the owner an estimate of the cost of repair or construction of the subject sidewalk.
(4) If notification requiring repair or replacement of existing sidewalks is given to the property owner and the 90 days elapses without action of the property owner, the City or its agent will repair or install a new sidewalk at the owner's expense, which expense will be collected as provided in division (k) of this section.
(g) Construction Permits.
(1) Permit required.
A. No person, directly or indirectly, as principal, agent or employee shall construct, reconstruct or repair, or attempt to construct, reconstruct or repair, any sidewalk or curb in the City without first obtaining a permit therefor from the Safety Service Director.
B. The application for a permit to construct, reconstruct, or repair a sidewalk shall be on forms furnished by the Safety Service Director. Such forms shall set forth the name and address of the owner of the property adjoining the right-of-way where the proposed work is to be done, the street address or lot number, the number of square feet or proposed sidewalk to be constructed, reconstructed or repaired, the width of the present sidewalk, the material in the present sidewalk, the material to be used in the proposed construction, reconstruction or repair and such other information as may be required by the City of Kenton Subdivision Regulations, Construction Standards and Drawings Criteria and the sidewalk specifications contained herein.
(2) Fee for permit. The fee to be collected for the issuance of the sidewalk construction, reconstruction or repair permit required by this division (g) shall be ten dollars ($10.00) flat fee plus seventy-five cents ($.75) per 100 square feet of sidewalk being repaired or replaced.
(h) Supervision and Construction. All sidewalks hereafter constructed within the City shall be constructed under the supervision of the Safety Service Director.
(i) Sidewalk Specifications.
(1) All sidewalks shall be constructed, reconstructed or repaired in accordance with the City of Kenton Subdivision Regulations, Construction Standards and Drawings and Design Criteria on file with the Safety Service Director.
A. Excavation shall be made to the required depth (four inches normally and six inches through driveways for residential areas; and four inches normally and nine inches through driveways in commercial and residential areas) and to a width that will permit the installation and bracing of forms. The subgrade shall be shaped and compacted to a firm surface.
B. Forms shall be of wood or metal and extend for the full depth of the concrete and of sufficient strength to resist the pressure of the concrete without springing.
C. All construction shall be of concrete in accordance with Ohio Department of Transportation specifications for Class “C” Portland concrete.
D. 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. Surface shall have a broom finish. No plastering shall 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 by properly spacing the contraction and expansion joints. Construction joints shall be formed around all appurtenances such as manholes or utility poles extending into and through the sidewalk. Expansion joint filler one-half tending the full depth of the sidewalk. Expansion joints shall also be placed a maximum of 30 feet apart along the length of the sidewalk.
E. Sidewalk width shall be a minimum of 48 inches, or match abutting walks in the neighborhood as determined by the Safety Service Director.
F. The surface of the walk shall have a transverse slope of one-fourth inch per foot with the low side adjacent to the roadway.
G. Line and grade shall be set by the Safety Service Director or his or her agent. An inspection of the work will be made by the Safety Service Director to assure that the construction meets prescribed standards. This is for the protection of both the property owner and the public using the sidewalk. Adequate notice shall be given prior to the need of any engineering service.
H. The City will not be responsible for the grade of any sidewalk, curb or driveway approach set by the Zoning Inspector or his or her representative where the profile of the street has not been established.
I. Wheelchair ramps shall be constructed at all intersections where deemed necessary by the Safety Service Director.
J. The area along the sidewalks shall be filled, so that no void will be more than one and one-half inches deep.
K. If a block or square of sidewalk needs to be replaced, the area to be replaced shall be cut and squared. Proper gravel fill shall be used and concrete shall be poured properly.
L. If one or two blocks are tilted, cuts shall be made, the blocks lifted, the gravel retamped and leveled, and the blocks replaced. Any gap or indentation between blocks of over two inches shall presumptively require repair.
M. If one end of the block is raised just slightly, slight grinding leveling shall be permitted to reduce any obstruction.
N. Broken blocks that cannot be repaired or replaced as determined by the Safety Service Director shall be replaced by a new block or said section of the sidewalk may be replaced with a new repoured section of cement.
O. Filler cement shall not be permitted to level an obstruction.
P. Old brick sidewalks, properly maintained, shall be permitted.
(2) Any request for exemption or variance from the above or any determination made by the Safety Service Director shall be under the jurisdiction and authority of Council and its committees.
(j) Grade. All sidewalks shall be constructed in accordance with the City of Kenton Subdivision Regulations, Construction Standards and Drawings Design Criteria and the sidewalk specifications contained herein.
(k) Cost.
(1) The cost and expense incurred in the construction of all sidewalks ordered to be repaired or constructed and completed by the City or its agent shall be assessed on and collected from the lot or land bounding and abutting on the improvement in the manner provided by law. In the event that the owner or other person in charge or control of such property fails to pay such expenses within 30 days after being notified in writing, by regular U.S. mail of the amount thereof by the Safety Service Director, the expenses may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:
A. Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; and
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(2) Expenses related to the repair or construction of sidewalks shall be paid out of funds appropriated by Council. The expenses consist of the following:
A. All direct costs for the repair or construction;
B. The costs for preparing and serving all notices; and
C. An administrative fee of one hundred fifty dollars ($150.00).