(A) All private driveways and improved easements for vehicular ingress and egress which intersect at any point with the public streets and thoroughfares of the city that exceed 100 feet in length and provide access to more than one single family home, multifamily dwellings and businesses shall be maintained in a condition so that they are passable by motor vehicular traffic including police and fire/paramedic vehicles to all structures serviced by said private driveways or improved easements for vehicular ingress and egress.
(B) Any such private driveway or improved easement for vehicular ingress and egress which because of its construction, weather, advanced age, neglect, lack of maintenance, fire, explosion, earthquake, vandalism, or other cause natural or man made, has been rendered impassable, or is in danger of becoming impassable to motor vehicular traffic including police and fire/paramedic vehicles is hereby declared to be a nuisance and a danger to the health and safety of the citizens of the city.
(C) All such private driveways and improved easements as described in division (A) of this section shall be inspected at least once annually by the Fire Chief of the city who shall review his findings with the Director of Public Works and the Safety Service Director and report them to the Council. Said findings shall include a description of the private driveways and improved easements inspected and his appraisal of the condition of said driveway or improved easement. Said findings shall further list any driveway or improved easement that in his opinion is no longer passable or is in danger of becoming impassable to motor vehicular traffic including police and fire/paramedic vehicles and the grounds upon which his opinion is based.
(D) In the event that Council accepts the Fire Chief's findings that any such private driveway or improved easement is impassable or in danger of becoming impassable the Fire Chief shall proceed as follows:
(1) In the event that such private driveway or improved easement is impassable, the Fire Chief shall deliver a copy of his findings to the owners of record of such private driveway or improved easement, and the owners of record of any parcel which benefits by such private driveway or improved easement as listed on the tax duplicate on file with the Auditor of Hamilton County by certified United States mail to the address listed on the tax duplicate together with an order that said private driveway or improved easement shall be repaired as indicated in said order within ten days of the date of said order. The Fire Chief shall cause a copy of said findings and order to be conspicuously placed at the intersection of said private driveway or improved easement and all public streets and thoroughfares. The Fire Chief shall further cause a copy of said findings and order to be published in a newspaper of general circulation within Hamilton County, Ohio.
(2) In the event that said private driveway or improved easement is in danger of becoming impassable, the Fire Chief shall proceed as provided in division (D)(1) except that the order to repair said private driveway or improved easement shall specify that the private driveway or improved easement shall be repaired within 60 days of the date of the order.
(E) In the event that said private driveways or improved easements which are found to be impassable or in danger of becoming impassable are not repaired as provided in division (D) of this section, the Council may by resolution direct that the city repair such private driveway or improved easement assessing the costs of said repairs to the owners of record of said private driveway or improved easement and the owners of record of any parcel which benefits by such private driveway or improved easement on a per capita basis. Such assessment shall be made as a special assessment in the manner specified in Title 7 of the Ohio Revised Code. All amounts which remain unpaid shall be reported to the Treasurer of Hamilton County for collection as specified in said title.
(F) Plans of repair whether privately or publicly done shall be submitted to the Director of Public Works for his review and approval. Repairs shall meet all standards required for private and public fire lanes as specified in the city Fire Code.
(G) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPASSABLE. A private driveway or an improved easement is impassable when because of age, neglect, deterioration or disaster - natural or man made - the private driveway or improved easement will no longer support motor vehicular traffic of the type necessary to provide police and fire/paramedic service to any one of the parcels, residences, or businesses served by the private driveway or improved easement. It is prima facia evidence that a private driveway or improved easement is impassable when it does not meet the standards required for private and public fire lanes as specified in the city Fire Code.
IN DANGER OF BECOMING IMPASSABLE. A private driveway or improved easement is in danger of becoming impassable if in the opinion of the Fire Chief of the city the private driveway or improved easement is more likely than not to become impassable within the next 60 days.
PARCEL BENEFITTING. A parcel benefits by the use of a private driveway or improved easement if the owners, occupiers, tenants or users of said parcel have used said private driveway or improved easement for access to that parcel on any date in the preceding calendar year. It is prima facia evidence that such use occurred if the private driveway or improved easement provides the sole means of motor vehicular ingress and egress to said parcel OR there exists on said parcel a driveway which connects to the private driveway or improved easement that is subject to the order.
(Ord. 97-40, passed 5-20-97)