(A) (1) Whenever it may be found that any sidewalk or any portion thereof in the City may be out of repair, pursuant to the criteria listed herein, Code Enforcement is authorized and empowered to notify the owner or owners of the property upon which the sidewalk may abut that the property owner is ordered to repair same within the time as may be specified in the notice.
(2) The following criteria shall be used by Code Enforcement in determining if the sidewalk is out of repair:
(a) Criteria for condemning sidewalks.
1. Any block having a crack or cracks in it more than 5/8 inch wide;
2. Adjoining blocks or portions thereof whose edges differ vertically by more than 5/8 inch;
3. Blocks that have holes in them 5/8 inch or more in diameter or are cracked and broken so that pieces are missing or loose;
4. Blocks having depressions, reverse cross-slope (sloping away from the street) or below curb grade so as to impound mud/or water;
5. Blocks having a cross-slope in excess of 3/4 inch vertical per 1 foot horizontal;
6. Blocks that cause an abrupt change in the longitudinal grade of the sidewalk;
7. Blocks that are raveled: i.e. the surface has spalled, leaving it very rough with the coarse aggregate protruding;
8. Cellar doors and coal bin covers that are not flush with the sidewalk, have a smooth surface, projecting hinges or are structurally unsafe;
9. Cellar gratings that have opening measuring more than 5/8 inch or eject above the sidewalk, or are structurally unsafe;
10. Any natural stone slabs, except sandstone parcels referenced in division (A)(2)(a)16. below, steel plates other than approved covers over cellar openings or prismatic lights used as sidewalk over a subgrade;
11. Defective columns or beams supporting a sidewalk slab over a subgrade;
12. Sidewalk material placed without prior approval of the City;
13. Sod area between the sidewalk and street that protrudes above the sidewalk and impounds water or causes it to drain along the sidewalk, in such cases the condition should be corrected by lowering the sod; (In cases where the sod area on either side of the sidewalk is below the grade of the sidewalk, fill shall be added and the area either sodded or seeded.)
14. Stumps, stones, private signposts or any other unauthorized obstruction in the sidewalk surface;
15. Water stopboxes, gas stopboxes and the like that are not to proper grade;
16. In areas where the sidewalks are constructed in whole or in part with brick or stone pavers or sandstone panels the following, criteria shall be used to determine the need for replacement:
a. When an edge, in whole or in part, of a paver or panel shall be raised or depressed more than 5/8 inch in relation to adjoining pavers or panels;
b. When a paver or panel is cracked, regardless of depth of the crack, in a width of more than 5/8 inch;
c. When the exposed surface of a paver or panel is uneven to a degree so as to cause a potential trip hazard to pedestrians.
(b) Criteria for condemning driveways.
1. Any driveway having a crack or cracks in it more than 5/8 inch;
2. Driveways that differ vertically by more than 5/8 inch either above or below the sidewalk;
3. Driveways that are cracked or broken or have holes larger than 5/8 inch in diameter;
4. Driveway entrances within the street rights-of-way, constructed of materials other than concrete on an improved street, (a street with curbs), that have been placed without prior approval from the City;
5. Driveway entrances within the street rights-of-way, constructed of materials other than concrete or bituminous concrete on an unimproved street, (streets not having curbs), that have been placed without proper approval from the City;
6. Driveways, having vertical curbs so that the construction is similar to an improved alley intersection; that have been placed without proper approval from the City;
7. Driveways that are dipped across the sidewalk so as to create an abrupt change of grade; (This condition normally exists where the driveway at street edge of the sidewalk has been held several inches below the grade of the sidewalk and the transition from the driveway to sidewalk grade is accomplished in a very short distance.)
8. Abandoned driveways; curb to be restored only if sidewalk abuts curb or if abandoned or unimproved driveway is being used illegally.
(B) (1) Notice to repair a sidewalk as provided in division (A)(1) of this section shall be served by mailing the notice to the last known real estate tax bill address of owner or his or her agent by certified mail, return receipt requested with instructions to the delivering postal employee to deliver to the addressee only and showing the address where delivered and the date of delivery or by personally delivering the notice to owner by an employee of Code Enforcement. Proof of personal service shall be made by a certificate of the person making such service stating the time and place of service and shall be affixed to a true copy of the notice.
(2) If the certified letter is returned with the receipt showing that the letter was not delivered, a copy of said notice shall be posted in a conspicuous place on or about the structure located on the property affected by the notice.
(C) The property owner may elect 1 of the following methods in making repairs to the sidewalk for which the notice has been served.
(1) The property owner may perform the work themselves or may hire a contractor who is licensed to do business in the City. The property owner shall be responsible for determining that they or the contractor has obtained the necessary permits by contacting Code Enforcement. All work performed by the property owner or private contractors shall be performed in full compliance of the City’s sidewalk specifications as set forth in § 93.01. It shall be the responsibility of the property owner to assure compliance by themselves or their contractor with the specifications. The owner shall be responsible for all contractual arrangements and payment to their contractor.
(2) The property owner may use the contractor hired by the City to make the repairs and, upon completion, pay the cost of the repairs. The property owner must sign an agreement authorizing the placing of a lien by the City against the owner’s property if payment is not made in full when the repairs are completed and the invoice for payment becomes due. Any property owner who does not make payment in full when due will also be assessed a $100 document preparation and processing fee.
(3) (a) The property owner may use the contractor hired by the City to make the repairs and pay the cost of repairs in 10 installments. The first annual installment shall be due on April 1 next following the date the sidewalk repairs are completed, with the remaining annual installments being due on April 1 of each year thereafter.
(b) Any property owner who has not been given notice, but wants to repair or replace their sidewalks can use the contractor hired by the City to make the repairs and pay the City in 10 annual installments.
(c) The property owner shall sign a promissory note and mortgage in favor of the City encumbering the owner’s property in the amount of the repair costs, plus interest and a $100 document preparation and processing fee. The loan will be amortized over the repayment period at a rate to be determined at the time the mortgage is executed with ten annual installments. Should an annual installment be delinquent for 3 months or more, the City may, at its option, immediately proceed to foreclose on its note and mortgages.
(D) (1) A property owner who disputes the determination of the City requiring repairs to or replacement of his or her sidewalk shall have 7 days to file an appeal of the determination with Code Enforcement. The appeal shall be heard by the City’s Existing Structure Board.
(2) Any determination not timely appealed shall be final.
(1995 Code, § 12.04.060) (Am. Ord. O-2001-38, passed 11-26-2001)