For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY AUTHORITY. Any government authority that is in charge of any department or branch of the government of the city relating to safety, health, building regulations or construction of concrete or asphalt surfaces in the city.
CITY OFFICER. The officer or officers who are authorized by ordinances and resolutions adopted by the City Commission to exercise the powers prescribed herein.
GOVERNING BODY. The City of Union Commission.
HAZARDOUS SIDEWALKS. A concrete sidewalk or sections of sidewalk, having been originally constructed in accordance with the city’s minimum standards of construction within the limits of a public right-of-way, shall be deemed to be unsafe when the surface of the sidewalk has deteriorated significantly due to excessive cracking and separations, and more specifically, a vertical settlement, deviation or deflection of at least one (l)-inch measured at a separation or at a construction joint.
NON-HAZARDOUS SIDEWALKS. A concrete sidewalk or section of sidewalk which does not fully fall under the definition of a hazardous sidewalk, but is aesthetically unacceptable and has serious defects, which warrant improved pedestrian safety, repairs or replacements.
OWNER. The holder of title in fee simple of the land over which the sidewalk is constructed and every mortgagee of record unless the sidewalk is located within the city and/or county right-of-way in which case OWNER means the holder of title in fee simple and every mortgagee of record of the land adjoining the right-of-way.
PARTIES IN INTEREST. All individuals, associations, corporations, or other entities who have an interest of record in the land over which the sidewalk is constructed unless the sidewalk is located within the city right-of-way in which case PARTIES OF INTEREST means the individuals associations, corporations or other entities who have an interest of record in the land adjoining the right-of-way.
POWER OF CITY TO REPAIR UNFIT SIDEWALKS. Whenever the City Commission of the city finds that there exists in the city sidewalks that are unsafe or hazardous due to deterioration, damage and/or disrepair that endanger the inhabitants of the city, the city may repair the sidewalks in the manner provided herein.
SIDEWALK. Any permanent walkway or footpath constructed of a hard surface such as concrete or asphalt and located near or on the edge of a lot or in any location that the walkway appears to be for the convenience of the general public.
RESOLUTIONS RELATING TO UNFIT SIDEWALKS. Upon finding that conditions of the character described herein under exist within the city, the City Administrative Officer shall file a complaint with the Union/Walton Code Enforcement Board. The Board shall hold a due process hearing and shall determine whether there is a violation/hazard and order remediation and/or fines in accordance with the terms of this chapter.
(Ord. 2021-12, passed 6-7-21; Am. Ord. 2022-04, passed 3-21-22)