909.09 MUNICIPAL SIDEWALK REPAIR PROGRAM.
   The City hereby implements a Municipal Sidewalk Repair Program (“Program”) to repair deteriorated sidewalks throughout the City. The Program shall be divided into four (4) geographical areas per City ward, totaling sixteen (16) areas, kept on file in the City Engineering Department and available for public view on the City’s website.
   (a)   Inspection Frequency. Each year, the sidewalks in one geographical area per ward will be inspected in accordance with the criteria established in subsection (b) to determine what sidewalk repairs are necessary for the ensuing year.
   (b)   Inspection Criteria. A City inspector will identify panels for repair or replacement that meet one or more of the following criteria:
      (1)   The sidewalk is displaced with a vertical edge of one-half inch (½") or more.
      (2)   The sidewalk is depressed or raised more than three (3) inches from the normal line of grade at any place.
      (3)   The sidewalk has cracked into three (3) or more pieces, has cracks that are between one-fourth inch (1/4") to three-fourths inch (3/4") wide or greater or is missing a full depth piece of concrete.
      (4)   The sidewalk has spilled over seventy-five percent (75%) of the surface.
      (5)   The sidewalk has horizontal separations equal to or greater than three-fourths inch (3/4") within the square, or greater than one inch (1") at the sidewalk joints.
      (6)   The sidewalk was damaged by a street tree.
      (7)   The cross slope of the sidewalk exceeds the grade established in Section 909.05.
      (8)   Missing slabs of sidewalk.
      Sidewalks will be marked using the following symbols, denoting the criteria for repair, and reported on a Sidewalk Inspection Report:
         C = Cracked Slab
         D = Dip or Drop in Slab
         M = Missing slabs that are required to be installed
         S = Slope of slab toward street
         T = Tree damaged slab(s)
         V = Vertical misalignment of the slab.
   (c)   Sidewalk Damaged by a Street Tree. Prior to any repairs made to slabs damaged by a City-installed tree which is located in a treelawn, between a curb and sidewalk, also known as “street trees”, an evaluation of the street tree shall be performed by the City Landscape Arborist to determine any blight or disease to the street tree.
   (d)   Curb Ramps. The Program shall have no less than eight percent (8%) of its annual funding dedicated to bringing curb ramps into current compliance with the Americans With Disabilities Act (ADA). All curb ramps shall be installed in accordance with the most current Ohio Department of Transportation (ODOT) Standard Construction Drawing BP-7.1, unless otherwise authorized by the City Engineer, in writing.
   (e)   Program Funding. Beginning April 1, 2021, and continuing thereafter, the Program shall be funded using revenue generated by the City’s Transient Accommodations Tax (“Tax”). For the first year of the Program’s existence, the calendar year 2021, the Program shall be funded in the amount of two hundred thousand dollars ($200,000.00). Thereafter, the Program shall be funded annually, as follows:
      (1)   To account for inflation and rising construction costs, the Program’s funding shall be increased by two percent (2%) starting January 1, 2022, and shall be increased, annually, by said amount each calendar year thereafter, subject to revision by the City Council in accordance with this section.
      (2)   Each year of the Program’s existence, the sidewalks in at least one geographical area per City ward shall be repaired as determined from the results of previous inspections, as set forth in subsections (a) to (d).
      (3)   The Program funding set forth in subsection (e) shall be distributed across all of the City’s geographical ward areas as equally as possible.
      (4)   Should the tax revenue fail to reach the amount allocated for the Program in any given year, City Council shall conduct a review of the Program funding to determine the Program’s funding source(s) for that year.
         (Ord. 2021-58. Passed 3-31-21.)