(A) In addition to the requirements of other applicable ordinances, (such as, subdivision and zoning regulations), every owner of real estate in the village abutting an existing sidewalk, shall be required to maintain such sidewalk in good repair.
(B) The Street Commissioner or his or her duly authorized representative shall conduct a survey of the sidewalks of the village from time to time in those areas of the village in which the most need for sidewalk replacement exists. He or she shall determine the need for repair or replacement of sidewalks based upon the following criteria:
(1) Unevenness. A sidewalk shall be considered uneven if it is not uniform or constant, varies in elevation or is not in the same plane. That portion of the sidewalk that is uneven shall be replaced.
(2) Drainage. There shall be adequate drainage from the surface of the sidewalk. The Street Commissioner may require the replacement or repair of a portion of sidewalk because of inadequate drainage.
(3) Spalling; scaling. If 25% of the surface of a sidewalk, as determined the Street Commissioner or his or her representative, is spalled, scaled, chipped or flaked off, the sidewalk shall be replaced.
(4) Differential settlement (stumbling blocks). The difference in elevation between adjacent sidewalk slabs shall not exceed one-inch. The defective slabs shall be repaired or replaced.
(5) Cracks and joints. Cracks or joints in themselves shall not be considered defects unless they open to a width of one-inch or greater. Slabs or blocks of sidewalk broken into five or less pieces may remain in place as long as adjacent broken pieces have a difference in elevation of one-inch or less. Slabs or blocks of walk broken into six or more pieces shall be replaced.
These criteria may be used singly or in combination to determine if defects warrant repair or replacement of sidewalks.
(C) When a sidewalk is to be repaired or replaced, it shall be done in accordance with this chapter.
(D) Paved driveway approaches are considered part of the sidewalk area and shall be judged in accordance with the above criteria and repaired or replaced when found defective.
(E) Upon completion of the survey in division (B) above, the Street Commissioner shall, pursuant to R.C. §§ 729.01 to 729.95, prepare plans, specifications and cost estimate for the necessary sidewalk repairs or replacements. These shall then be reported to Council which shall proceed according to the above statutes to give notice to the owners of abutting property to repair or replace the sidewalks as required by resolution of Council. If the property owners fail to repair or replace the sidewalks as required by resolution of Council, the village shall proceed, pursuant to R.C. §§ 729.01 to 729.05, and repair or replace the sidewalks and assess the costs against the lots or lands abutting thereon.
(Ord. 1988-14, passed 6-13-1988)