(A) In determining whether any sidewalk is out of repair so as to render the same unsafe, unfit or inconvenient for passage by pedestrians, the Street Department Superintendent shall use the following criteria in determining the need for initiating a replacement request:
(1) Any vertical separation greater than one inch between sidewalk blocks or portions of block;
(2) Any sidewalk block which ponds water due to improper drainage or insufficient slope;
(3) Any sidewalk block which has an area exceeding 50% of cracked or broken concrete and does not already fit conditions in divisions (A)(1) or (2) above;
(4) Missing sections;
(5) Areas where no sidewalk has previously been placed; and
(6) No sidewalk block made at the time of the original construction shall be cut in order to save a part of the original block at the time of repair. The entire block shall be replaced.
(B) Whenever in the opinion of the Street Department Superintendent a new sidewalk should be built or when any sidewalk within the city is or becomes out of repair so as to render the same unsafe, unfit or inconvenient for passage by pedestrians, the Street Department Superintendent shall give written notice to the owners of the abutting property of the need for a new sidewalk or the defect in the existing sidewalk. If the owner's address is unknown, or the real estate is vacant or unoccupied, then the Street Department shall post a copy of the notice on the property in a conspicuous place.
(1) The notice shall require the property owner to build or repair the sidewalk within 30 days from the date of service of the notice.
(2) In the event the sidewalk is not installed, repaired, relaid or replaced as directed within 30 days, then the Street Department Superintendent shall request a resolution from the Board of Public Works and Safety ordering the sidewalk improved as provided by the laws of the state and any other provisions of this code, and the Board of Public Works and Safety shall take action as shall be deemed proper after giving the property owner ten days prior written notice of the consideration of the resolution.
(3) For the purpose and within the purview of this chapter, the determination of the Board of Public Works and Safety as to the necessity for the repair, relaying or replacing of any sidewalks to render the same safe, fit or convenient for passage by pedestrians, shall be conclusive so far as the city and property owner are concerned.
(4) If the owner fails to build or repair any sidewalk, after the Board of Public Works and Safety has given the property owner written notice of the adoption of a resolution requiring the building or repair of the sidewalk within not less than 30 days after the notice is given, then the city may proceed to build or repair the walk and the costs, charges and expenses thereof shall be charged against the owner of the property and shall be collected in the same manner as assessments for street improvements.
(Ord. 644, passed 8- -2001)