CHAPTER 905
Sidewalks, Curbs and Gutters
905.01   Owner's responsibility for sidewalks.
905.02   Enclosure of ditches.
905.03   Sidewalk specifications.
905.04   Sidewalk width and grade.
905.05   Permit to construct or replace required.
905.06   Repair of sidewalk blocks; notice.
905.07   (Repealed)
905.08   Curb cut permit; fee.
905.09   Supervision and cost of curb cutting.
905.99   Penalty.
   CROSS REFERENCES
   Construction or repair at owner's expense - see Ohio R.C. 729.01 et seq.
   Notice to construct or repair sidewalks - see Ohio R.C. 729.03 et seq.
   Supervision and control of street lighting and road construction - see ADM. 129.04
   Placing injurious material, obstructions on streets - see TRAF. 311.01; GEN. OFF. 521.06
   Public improvements - see S. & P.S. Ch. 901
905.01 OWNER'S RESPONSIBILITY FOR SIDEWALKS.
   (a)   Every owner, occupant, person or agent having charge of any tenement, building, lot or land fronting on any avenue, street, alley, road or other public highway of the City is charged with the construction, maintenance and repair of necessary sidewalks, or parts thereof, within the limits of the City, and such owner, occupant, person or agent shall be liable in money damages to any person, who, while in the lawful use of such sidewalk, sustains an injury to person or damage to property, by reason of the failure of such owner, occupant, person or agent in charge, to maintain the sidewalk in good repair and free from any defect, and as further provided in Sections 1405.25 and 1609.07.
(Ord. 9-95. Passed 3-13-95.)
   (b)   If by reason of the failure of such owner, occupant, person or agent in charge, as referred to in subsection (a) above, to maintain the sidewalk in good repair and free of any defect, a claim is made or a money judgment obtained against the City, by any person sustaining injury for failure to repair or maintain a sidewalk free of any defect, the owner, occupant, person or agent in charge shall be liable to and reimburse the City for all money paid by the City on any claim made or judgment obtained against the City, by any person injured by reason thereof.
(Ord. 41-86. Passed 9-24-90.)
905.02 ENCLOSURE OF DITCHES.
   (a)   Plan Required. Whenever an enclosure or improvement of a drainage ditch is proposed, whether on private property or in the public right-of-way, a plan of the proposed enclosure or improvement shall be submitted to the Commissioner of Building for approval.
   (b)   Approval; Size Restricted. Construction of such enclosure shall not be commenced until such approval has been noted on the plan. Approval shall not be given where the size of the proposed enclosure is less than twelve inches.
(Ord. 2-83. Passed 12-26-84.)
905.03 SIDEWALK SPECIFICATIONS.
   (a)   All concrete walks hereafter constructed within the City shall be at least four inches thick and constructed in accordance with the plans and specifications for sidewalks on file in the office of the Building Commissioner.
   (b)   The thickness of the portion of the sidewalk at the driveway shall be six inches minimum.
   (c)   Public sidewalks and driveway aprons shall be maintained free of the following listed particulars:
      (1)   Any block having a crack with a vertical difference of three-fourths of an inch or more.
      (2)   Adjoining sections of block, or any portion thereof, whose edges differ vertically by three- fourths of an inch or more.
      (3)   Blocks having a transverse slope in excess of three-fourths of an inch per horizontal foot toward the street.
      (4)   Blocks having a reverse slope toward property that impounds water to a depth of one-half of an inch or more.
      (5)   Blocks having depressions that impound water to a depth of one-half of an inch or more.
      (6)   Blocks having multiple cracks or any single crack larger than one-half inch in width extending for a linear distance of one foot.
      (7)   Blocks having disintegrated or deteriorated areas.
      (8)   Public sidewalks constructed of materials other than concrete or stone slab.
(Ord. 8-95. Passed 3-13-95; Ord. 36-02. Passed 5-28-02; Ord. 30-03. Passed 4-28-03.)
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