(A) It is the duty of the Director of Public Works of the city to supervise the construction, repairs, or maintenance of all sidewalks within the city.
(B) Whenever the Director of Public Works shall determine that any sidewalk blocks, including bricks and paving stones, are in such condition by reason of having a crack or cracks, holes, depressions, reveling, spalling, heaving, or are so uneven in relation to one another or are so sloped, or contain stumps, side posts, or other obstructions, or retain such water stop-boxes, gas stop-boxes, or similar items that are not on grade level, or are in such other conditions as to present a hazard to persons utilizing such sidewalks blocks or to the public right-or-way or public improvements in or near such sidewalk blocks as to require repair or replacement of such sidewalk blocks, the Director of Public Works shall notify the persons charged with the responsibility of maintaining, repairing, or replacing the sidewalk blocks as hereinafter provided.
(C) Whenever any block of sidewalk or sidewalks are requiring repair, the Director of Public Works shall notify in writing the persons owning the real estate who are responsible for repairing the blocks of the sidewalk or sidewalk area to the effect that such repairs shall commence within 30 days and be completed within 60 days of the date of the mailing of the notice to the last known address of those persons. Records maintained by the County Property Valuation Administration may be relied upon to determine the identity and address of the property owner. Receipt of such notice shall be presumed conclusively unless and until notification of a change of address of the owner is received by the City Clerk/Treasurer.
(D) If, in the judgment of the Director of Public Works, the work performed is unsatisfactory, or has not been performed in accordance with the applicable specifications, the Director of Public Works shall give written notice thereof to the owner and shall proceed under the provisions set forth herein.
(E) The Director of Public Works shall have the power to adopt and promulgate rules and regulations to interpret and implement the provisions of this subchapter to secure the intent thereof to designate requirements applicable because of local climactic or other conditions.
(F) An appeal to the Mayor may be taken by any person or entity, claiming to be injuriously affected or aggrieved by any order, requirement, interpretation, or decision of the Director of Public Works under this division. Such appeal shall be taken within 30 calendar days after the person aggrieved or his or her agent receives notice of the action of the Director of Public Works, by filing with the Director of Public Works and with the City Clerk/Treasurer a notice of appeal specifying the grounds thereof and giving notice of such appeal. The Director of Public Works shall forthwith transmit to the Mayor all papers constituting the record upon which the action appealed from was taken and shall be treated as and be the respondent in such further proceedings. At the public hearing on the appeal held by the Mayor, an interested person may appear and be given an opportunity to be heard.
(G) The Mayor shall fix a reasonable time for hearing the appeal and give written notice thereof to the appellant and to the Director of Public Works at least one calendar week prior to the hearing, and shall decide on the appeal within 60 consecutive calendar days after the date of the hearing. The Mayor has authority to hear and decide appeals where it is alleged that there is an error in any official action, order, requirement, interpretation, or decision of the Director of Public Works in the enforcement of the sections of Ch. 52 of the city code governing sidewalks. The affected party may appear at the hearing in person or by attorney. In the matter of appeals under the provisions of this section, the Mayor shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it. The Mayor shall have the power to administer oaths to witnesses prior to their testifying on any issue.
(H) Any person or entity claiming to be injured or aggrieved by any final action of the Mayor shall appeal from the action to the Circuit Court of the county. Such appeal shall be taken within 30 consecutive calendar days after the final action of the Mayor. All actions that are not appealed within 30 days become final and non-appealable.
(Ord. 2-2016, passed 1-11-2016)