(a) The owners of land abutting any sidewalk, carriage walk or driveway apron shall be responsible for keeping such sidewalk, carriage walk or driveway apron in repair and free from nuisance.
(b) Definitions. For purposes of this chapter, the following terms shall have the following meanings:
(1) “Abut” or “abutting” means any land that borders a carriage walk, driveway apron or sidewalk.
(2) “Carriage walk” means the paved portion of the street right-of-way set aside for pedestrian use lying between the established or presumable curb line and extending to the sidewalk where a sidewalk exists or between the established or presumable curb line and the property line where no sidewalks exist.
(3) “Driveway apron” means the paved portion of the street right-of-way set aside primarily to permit vehicular access to a driveway lying between the established or presumable curb line and the adjacent driveway or between the established or presumable curb line and the property line where no driveway exists.
(4) “Sidewalk” means the paved portion of the street right-of-way set aside for pedestrian use lying between the established or presumable curb line and the adjacent property line excluding the carriage walk.
(c) Whenever it comes to the attention of the City Manager and the City Manager finds that any sidewalk, carriage walk or driveway apron is not in repair or is not free of nuisance, or does not conform to the provisions of the material construction specifications adopted by Ordinance 1969-17, and any subsequent ordinance supplementary thereto or amendatory thereto, the City Manager shall notify the owner of the abutting property in writing to effect such repairs as are necessary to bring this sidewalk, carriage walk or driveway apron into conformity with such material and construction specifications. Notice shall be served on the abutting property owner or his agent in the manner provided by Ohio Rules of Civil Procedure.
(1) Contents of notice. The notice herein provided for shall identify the property and the location of the sidewalk and shall specify the repairs deemed necessary, and shall, in addition, specify a period of time within which the owner is required to effect such repairs. Such period of time shall be reasonable, but shall not be less than 30 days. The notice shall also advise the owner or the owner’s agent that if the work is not done within the prescribed period of time that the City shall undertake such work in accordance with subsection (d) hereof.
(2) Service of the notice. The notices required in accordance with this chapter shall be sufficient if served in accordance with any of the following methods:
A. To the owner personally in writing or in the case of an emergency, the notice may be served verbally.
B. To the owner by certified mail return receipt requested which shall be sent to the owner’s last known place of residence or place of business with instructions to the delivering postal authority to show to whom delivered, date of delivery and address where delivered and if service is refused or unclaimed, then the procedures set forth in the Ohio Rules for Civil Procedure shall apply.
C. If the residence or place of business of the owner is known, written notice may be delivered to the residence by leaving a copy of the notice at the usual place of residence of the person to be served with some person of suitable age and discretion residing therein.
D. If the residence or place of business of the owner is unknown, service of notice shall be made by publication in accordance with Civil Rule 4.4 of the Ohio Rules for Civil Procedure.
(3) Right of appeal. In the event that the owner of any lot or parcel of land abutting a sidewalk, carriage walk or driveway apron which is the subject of a notice of repair wishes to object to such notice of repair, such property owner shall state his objections in writing and file such written objections in the office of the City Manager within the time prescribed in the notice of repair for effecting such repairs. On filing such objections, the Council shall appoint an Appeal Board, consisting of three disinterested freeholders of the City, and shall fix the time and place for the hearing by such Appeal Board of such objections. The City Manager shall notify by certified mail the person so objecting of the time and place of such hearing. The notice shall be mailed at least five days before the date of such hearing. On appeal of a notice of repair pursuant to this section, the Appeal Board may rescind, modify, or expand the content of the notice, having due regard to the health, safety and welfare of pedestrians using the sidewalks, carriage walk or driveway apron. (Ord. 2010-17. Passed 4-6-10.)
(d) If a sidewalk is not reconstructed, repaired, or freed from nuisance within the period of time prescribed by a notice issued in accordance with this section, the City Manager shall cause the work to be done by an independent contractor or by City laborers, or both, and the entire costs of such work shall be charged against such property in the manner herein provided.
(e) Emergency Repairs. In case of a clear and present need for emergency repairs in order to safeguard the safety of the pedestrian public, the City Manager may barricade the sidewalk area in question and cause temporary repairs to be made, or otherwise provide for the public safety. The costs of all such emergency repair and protection shall be charged against the abutting properties, and shall be collected as herein provided
(Ord. 1977-15. Passed 3-22-77.)
(f) Collection of Payment for Repairs from Property Owners Failing to Repair Sidewalks, Carriage Walks or Driveway Aprons. The following shall govern the collection of funds from residents who have been ordered to fix sidewalks, carriage walks or driveway aprons pursuant to subsection (c) hereof and who have failed or refused to complete such work in the reasonable time provided.
(1) On completion of any repair work to a sidewalk, carriage walk or driveway apron done by the City, either in case of an emergency or in a case in which the owner of the abutting property has failed or refused to perform repairs which are the subject of a notice issued by the City, the owner of the abutting property, or the abutting property owner’s agent, shall be billed for the costs of the repair work. Such bill shall include all costs of temporary repairs, barricading, and other safety measures in emergency cases; all permit fees and an administrative fee, not in excess of ten percent (10%) of the City’s actual costs.
(2) Bills issued by the City under this subsection shall be payable within thirty days of the date of such bill. Bills not paid within thirty days shall be reported to Council for assessment against the abutting property as provided by the Charter, the ordinances of the City, and the statutes of the State, and shall be collected in the manner provided by law for the collection of special assessments.
(g) Resident Option for City Managed Repair. From time to time City Council may pass a Resolution of Necessity pursuant to law to cause work to be performed on sidewalks, carriage walks or driveway aprons not meeting the City’s standards. In this event, the City Manager shall provide residents abutting such sidewalks, carriage walks or driveway aprons, the option of having the City oversee, manage and complete the necessary sidewalk, carriage walk or driveway apron repairs, bill the residents abutting such sidewalks, carriage walks or driveway aprons for such work, and if not paid by the resident abutting such sidewalk, carriage walk or driveway apron, assess the cost of the work to such property owner.
(1) In the event the abutting property owner elects to have the City oversee the repair and replacement of sidewalks, the City upon the completion of such repair shall issue a bill to be paid as follows:
A. Fifty percent (50%) of the City’s cost to repair if the resident pays said bill within 30 days from date of such bill and no City administrative costs shall be included;
B. Ninety percent (90%) of the City’s cost to repair if the resident elects to have the City place an assessment on resident’s property and so advises the City within 30 days of date of such bill and no City administrative costs shall be included;
C. In the event the property owner does not pay the bill nor elect to be assessed, City Council shall place an assessment on the property to collect one hundred percent (100%) of the City’s cost of repair plus all administrative fees incurred by the City not to exceed ten percent (10%) of the City’s actual cost of repair;
D. The cost of repair of carriage walks and driveway aprons shall not be subject to a price reduction as set forth in subsection (g)(1)A. or B. hereof and shall be due and payable within 30 days of date of such bill and if not paid nor an election made to be assessed is subject to subsection (g)(1)C. hereof, but shall not include any City administrative costs.
(h) Reimbursement by City. The following sidewalk repair and replacement reimbursement provisions are hereby available to residents:
(1) If the sidewalk repair is accomplished by the abutting property owner without having been ordered by the City Manager pursuant to subsection (c) hereof, the City may reimburse up to fifty percent (50%) of the costs of any sidewalk repair.
(2) The abutting property owner who is responsible for sidewalk maintenance and repair may apply to the City for such payment in accordance with procedures as established by the City Manager, which procedures shall be kept on file in the Office of the City Manager and made available to residents.
(3) In the event that an abutting property owner is ordered to repair a sidewalk under subsection (c) hereof and completes the repair within the timeframe ordered by the City, the property owner shall be entitled to the same reimbursement opportunities as specified in subsection (h)(1) hereof.
(4) In the event the abutting property owner elects to have the City oversee the repair and replacement of sidewalks pursuant to subsection (g) hereof, the abutting property owner shall not be eligible for reimbursement under subsections (h)(1) and (h)(3) hereof.
(5) The City shall not reimburse a property owner more than fifty percent (50%) of the City’s then-current sidewalk repair price as determined by the City Manager or the City Manager’s designee. The City Manager or the City Manager’s designee shall determine annually no later than March 31st the then-current sidewalk repair price based on recent construction costs, actual bid pricing, or other generally accepted practice.
(Ord. 2010-17. Passed 4-6-10.)
(i) Whoever, having exhausted the right of appeal from a notice to repair sidewalks herein granted, continues to fail or refuse to perform the repairs ordered by such notice shall be guilty of a minor misdemeanor. Each day such violation continues shall constitute a separate offense. (Ord. 1977-15. Passed 3-22-77; Ord. 2010-17. Passed 4-6-10.)