CHAPTER 909
Sidewalk Maintenance

909.01    Sidewalk maintenance responsibility.

909.02    Inspection procedure.

909.03   Noncompliance with inspection notice.

909.04    Permit.

909.99    Penalty.

CROSS REFERENCES

      Sidewalks and gutters - see Ohio R.C. Ch. 729

      Duty to keep sidewalks in repair and clean - see GEN. OFF. 521.06

909.01 SIDEWALK MAINTENANCE RESPONSIBILITY.

   Public sidewalks serving all classifications of property are the responsibility of and shall be maintained by the abutting property owner, it being deemed necessary by the City to require the repair and maintenance of sidewalks and to keep them free from obstruction or nuisance.

(Ord. 98-012. Passed 1-20-98.)

909.02 INSPECTION PROCEDURE.

   The Bureau of Buildings, Inspections, Licenses and Permits shall attempt to inspect all sidewalks every two years from the date of passage of this section.

   (a)    The inspection shall include surface conditions, that is spelled or checked surface cracks or joint separation and a differential elevation in sidewalk sections. A differential elevation of sidewalk sections of one-half inch or less shall be deemed satisfactory and not require replacement or leveling.

   (b)    Property owners or their agents shall be informed, in writing, of the repairs required, to bring the sidewalks abutting the property into compliance. Such repairs must be in accordance with the specifications prepared by the City Engineer. Copies of the specifications are available in the offices of the Bureau of Buildings, Inspections, Licenses and Permits.

   (c)    Such notice shall be served on the property owners or their agents at their last known address or to the address to which tax bills are sent, by certified mail, return receipt requested. If such notice is returned undelivered, then such notice may be served by ordinary mail which shall be deemed completed when the fact of mailing is entered on record. If the ordinary mail envelope is returned undelivered, then such copy shall be posted in a conspicuous place on the property to which it relates and a copy of such notice shall be published once in a newspaper of general circulation within the City.

   (d)    Such repairs or replacement shall be made within forty-five days from the date of receipt or posting of notice, unless extensions are granted by the Bureau due to inclement weather or other unforeseen circumstances.

      (Ord. 98-012. Passed 1-20-98.)

909.03 NONCOMPLIANCE WITH INSPECTION NOTICE.

   (a)    If the property owner or his agent fails to comply with the notice to repair, the City shall cause the sidewalks to be reconstructed or repaired. All expenses and labor costs incurred shall be paid out of municipal funds, with a statement of charges and a proper description of the premises to be sent to the property owner and then to the County Auditor. The Director of Public Works or his designee shall give notice to the owner to pay the cost of such reconstruction or repairs. Such service shall be served in the same manner as described in Section 909.02(c). In the event such costs are not paid within thirty days after service of notice, then such amount shall be certified by the Clerk of Council to the County Auditor for collection the same as other taxes and assessments are collected. The assessed cost of repairs shall be as set forth in Ohio R.C. 729.07, 729.08 and 729.09.

   (b)   In the event the City enters a lien upon the tax duplicate as provided in subsection (a) hereof, the Clerk of Council shall certify to the County Auditor for recording such lien in the following manner:

      (1)    If the amount of construction or repair is equal to or less than 500 square feet, the amount due shall be divided into two semi-annual payments and collected within the immediate tax year. The Clerk of Council shall add to the amount due interest at the rate of ten percent (10%), but in no event an amount less than twenty-five dollars ($25.00).

      (2)    If the amount of construction or repair is greater than 500 square feet, the amount due shall be divided into four semi-annual payments, and collected one-half within the immediate tax year, and one-half the following tax year. The Clerk of Council shall add to the amount due interest at the rate of ten percent ( 10%) per annum, but in no event an amount less than twenty-five dollars ($25.00).

         (Ord. 98-012. Passed 1-20-98.)