(a) The applicable provisions of the Ohio R.C. 723.011 require owners or occupants of lands to maintain and keep in repair sidewalks, curbs and/or gutters abutting their property.
(b) Council deems it necessary to establish the following policy and procedure to enforce applicable provisions of the Ohio Revised Code governing the maintenance and repair of sidewalks, gutters and curbs within the Village, and to provide sanctions for violations of such policies and procedures as follows:
(1) Except for conditions caused by normal usage, wear and tear or adverse weather conditions, no owner or occupant of lands within the Village shall fail to keep the sidewalks, curbs or gutters which abut such lands in repair and free from snow, ice or any obstruction or nuisance.
(2) In the event of a violation of subsection (b)(1) hereof, the Village shall notify the owner, occupant and/or person having charge of such land or lands abutting upon any street to immediately proceed to repair, keep in repair and keep free from nuisance and obstruction, the sidewalk, curb or gutter abutting such lot or land at such owner’s and/or occupant’s expense.
(3) If the owner, occupant and/or person having charge of such land fails to comply with the notice to repair/maintain in subsection (b)(2) hereof, Council shall cause the sidewalk to be repaired and/or maintained, and all expenses and labor costs incurred shall, when approved by Council, be paid out of Village funds not otherwise appropriated. Council shall thereupon make a written return to the County Auditor of its action, with a statement of charges for its services, the amount paid for labor, the fees of the officers serving the notices and the proper description of the premises. Such amounts, when allowed, shall be entered upon the Tax Duplicate and shall become a lien upon the lands from and after the date of the entry and collected as other taxes and returns to the Village and shall be deposited in the General Fund.
(4) In addition to the foregoing sanctions, whoever violates this section and fails to comply with any notice thereof, is guilty of a minor misdemeanor subject to a fine of not more than one hundred dollars ($100.00) per day.
(Ord. 58-97. Passed 11-17-97.)