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, [phone].