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TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Streets, Sidewalks and Public Grounds
TITLE THREE - Utilities
CHAPTER 925 Sewer Definitions and Construction Standards
CHAPTER 927 Sewer Connections and Use
CHAPTER 929 Sewer Service Charges
CHAPTER 930 Sewer Discharge Control
CHAPTER 931 Special Sewer Provisions and Payments
CHAPTER 932 Roadside Drainage Systems
CHAPTER 933 Water Rates
CHAPTER 935 Nonresident Water Service
CHAPTER 937 Water Meters
CHAPTER 939 Water Regulations
CHAPTER 941 Storm Water Discharge Control
CHAPTER 943 Storm Water Management Program
CHAPTER 945 Management and Control of the Public Right of Way
CHAPTER 947 Provision of Electric Energy
CHAPTER 949 Toledo Public Power
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
TITLE FIVE - Other Public Services.
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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401.01 City Platting Commissioner
   For the purposes of Charter Chapter 233 and subsequent to organizational arrangement by the City, the Director is the Platting Commissioner for the City. The Director shall, from time to time, promulgate such rules and regulations that in his or her opinion shall be necessary and requisite for the execution of the intention of TMC § 115.03. The Director's designee for City Platting Commissioner shall be the division head of Engineering Services, or his or her designee. The Platting Commissioner, in his or her sole judgment, shall determine the conditions to approval of a plat.
401.02 Security Required For Plat Approval
   Where the Platting Commissioner determines that public improvements are necessary or appropriate in the public interest to be completed as a condition to approval of a plat request, there shall be a financial guarantee or security requirement sufficient to ensure the completion of such public improvements. In no event shall the City be financially or legally unprotected from a plat petitioner's failure or default to complete the public improvements shown on a plat that bears the approval of the Platting Commissioner.
401.03 Charges And Fees
   Fees shall be as set forth in TMC §§ 127.06 and 127.08.
CHAPTER 402
SIDEWALK POLICY OF THE CITY OF TOLEDO
   The following sidewalk policy shall supersede all previous statements of sidewalk policy, including, without limitation, Res. 113-75. This policy includes both New Sidewalk Construction and Rehabilitation of Existing Sidewalk within the City corporate limits.
402.01 Sidewalk Program Budget
   The City's share of cost for New Sidewalk Construction and Rehabilitation of Existing Sidewalks is financed from funds budgeted annually by the City Council in the Capital Improvements Program.
402.02 General Policies
   A.   Cost Distribution. The distribution of costs for New Sidewalk Construction and Rehabilitation of Existing Sidewalks shall be as described in this policy. In new subdivisions and/or developments, the cost of all required sidewalk construction, whether New Sidewalk Construction or Rehabilitation of Existing Sidewalk, shall be at the sole cost of the developer. Sidewalk construction or reconstruction across the frontage (front side, or rear) of a parcel of property shall be paid for by the property owner. The cost of New Sidewalk Construction or Rehabilitation of Existing Sidewalk at intersections within the public rights-of-way shall be paid for by the City.
   B.   Period of Assessment: Where the property owner elects to pay its share of the cost of New Sidewalk Construction or Rehabilitation of Existing Sidewalk by special assessment applied to the property tax duplicate, the period of time over which the assessed costs plus interest are to be paid shall be five (5) years. This installment payment plan will result in two (2) payments per year over five (5) years through the Lucas County Treasurer's Office.
   C.   Existing Sidewalks Damaged by Tree Roots
      1.   City Tree Roots: Damage to sidewalks solely caused by City tree roots may be repaired and paid for by the City. However, a property owner may elect to replace the damaged sidewalk panels at its own expense. A tree is considered a "City tree" when one-half or more of a tree trunk diameter is within the public right-of-way. Otherwise, the tree is considered a private tree and not the City's responsibility.
      2.   Private Tree Roots: Damage to sidewalks caused by private tree roots shall be repaired and paid for by the property owner in accordance with § 402.02(A). Per TMC §§ 911.02 and 911.34, the property owner is responsible for the maintenance and repair of the sidewalk abutting the property, and the property owner is liable for injuries which may result from any sidewalk deficiencies.
   D.   Paved Drive Approaches
      1.   Where the City orders New Sidewalk Construction, the Drive Approach and sidewalk through the driveway shall be in compliance with TMC § 911.14.
      2.   The City requires property owners to provide a Drive Approach for all driveways serving the owner's property in accordance with TMC § 911.14. Any existing driveway approaches deemed defective shall be repaired or replaced and paid for by the property owner unless damage is solely caused from City tree roots as determined by the City.
   E.   Method of Notification
      1.   New Sidewalk Construction/ Rehabilitation of Existing Sidewalk. DPU will send notification to the property owner as shown in the public records where New Sidewalk Construction or the Rehabilitation of Existing Sidewalk and/or Drive Approach(es) will take place. The notification will be made in accordance with the provisions of Chapter XI of the Charter and Chapter 911 of the TMC. The notice advises the property owner of the need for sidewalk installation or of certain deficiencies with the existing sidewalk panel(s), Drive Approach(es) and/or curb that must be repaired or replaced.
      2.   The serving of sidewalk notices for New Sidewalk Construction or Rehabilitation of Existing Sidewalk under any provisions in this sidewalk policy is pursuant to a resolution procedure. This resolution authorizes a public hearing before the City Board of Revision and the mailing of an informational notice to the appropriate property owners and other interested persons as required by law.
      3.   The findings of the public hearing are then reported to the City Council together with DPU's recommendations. If upon receipt of the report and recommendations the City Council determines to proceed with the proposed project, City Council will enact a resolution of necessity. The project will then proceed from this point forward as provided for in Chapter XI of the Charter and Chapter 911 of the TMC.
402.03 Sidewalk Program
   A.   Council Approval. New Sidewalk Construction and Rehabilitation of Existing Sidewalk are carried out in accordance with an annual program recommended by the Director and approved by City Council and pursuant to Chapter XI of the Charter and Chapter 911 of the TMC.
   B.   Election for City Contractor to Perform Repairs. Following the notice per § 402.02(E), if the property owner has not completed the work by the date given on the notice, the City's sidewalk contractor will perform the repairs or the required construction. The repairs will be done when the contractor is scheduled to be in the owner's neighborhood.
   C.   Private Repair. Property owners or their licensed sidewalk contractor who desire to replace the sidewalks or Drive Approach(es) abutting their property must obtain all permits to ensure all work is inspected and conforms to the City's construction standards and specifications. A list of licensed sidewalk contractors and the sidewalk permit/application can be obtained at the City of Toledo, Division of Building Inspection, Central Permit Center, One Government Center, Suite 1600, Jackson Boulevard, Toledo, OH 43604, (419) 245-1210.
402.04 New Sidewalks on Existing Street Not Scheduled For A Street Improvement Project
   A.   Need Determination. Where the City determines that a need for New Sidewalk Construction on an existing street that is not scheduled for a public street improvement project, the matter may be reported to City Council, together with a request that the City Council refer it to the Plan Commission for a public hearing and subsequent recommendation. The Plan Commission's report of its findings and recommendations is then submitted to the City Council. If the Plan Commission recommends that the sidewalk be constructed on the street, the City will initiate the resolution procedure outlined in § 402.02(E).
   B.   Resolution of Necessity. In the event the division head of Engineering Services, through exercise of his or her professional judgment, determines that sidewalks are needed in a particular location or area in order to correct a hazardous safety condition, the Director will report to City Council such determination along with a resolution of necessity to construct the sidewalks. City Council may rely upon the professional judgment of the division head of Engineering Services as full justification of the need for sidewalks at the locations under consideration.
   C.   Project Management. Upon enactment of the resolution of necessity, the project will be handled in a manner similar to that used for the Sidewalk Rehabilitation Program as outlined in § 402.03.
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