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§ 97.023 SIGNS AND AWNINGS NOT TO EXTEND OVER SIDEWALKS; PERMITS REQUIRED.
   No person shall erect or maintain any sign, awning or other object extending over any public sidewalk in the city, unless a permit for its erection has been issued by the city and, provided further that the sign or awning should be at least 7 feet above the sidewalk.
(Prior Code, § 97.23) Penalty, see § 10.99
CONSTRUCTION AND REPAIR
§ 97.035 BUILDING MATERIALS ON STREETS AND SIDEWALKS; PERMIT REQUIRED.
   Before any contractor or builder shall proceed to erect any building or repair any building in the city, when the estimated cost of the improvement shall be more than $200, and where it becomes necessary to use and occupy any portion of the streets, alleys, sidewalks or driveways, by depositing thereon any stone, sand, gravel, brick, lumber or other building material, he or she shall apply to the Office of the Building Commissioner for a permit to do so. The decision to grant or deny such a permit shall be jointly made by the Building Commissioner, the CEO, the City Street Commissioner and the City Engineer pursuant to a decision-making process approved by the Board of Public Works.
(Prior Code, § 97.35) (Am. Ord. 12-2013, passed 7-8-2013) Penalty, see § 10.99
§ 97.036 PRIVATE CONSTRUCTION OF STREETS AND SIDEWALKS.
   No cement sidewalks or curbs and gutters shall be constructed at private contract, until a written permit is applied for at the Building Commissioner's Office. The decision to grant or deny such a permit shall be jointly made by the Building Commissioner, the CEO, the City Street Commissioner and the City Engineer pursuant to a decision-making process approved by the Board of Public Works.
(Prior Code, § 97.36) (Am. Ord. 12-2013, passed 7-8-2013) Penalty, see § 10.99
§ 97.037 ABUTTING SIDEWALKS TO BE KEPT IN REPAIR; DUTY OF OWNER.
   (A)   It shall be unlawful for the owner of any building or lot to permit the sidewalk, curb and gutters abutting thereon to become out of repair so as to become dangerous and unsafe for passage upon and over.
   (B)   The owner of any building or lot owes a duty to the general public that uses the sidewalks, curbs and gutters adjacent to his or her property to maintain sidewalks, curbs and gutters in a reasonably safe condition for passage upon and over.
(Prior Code, § 97.37) Penalty, see § 10.99
§ 97.038 NOTICE TO REPAIR.
   Whenever it shall come to the knowledge of the Street Commissioner that any sidewalk, curb or gutter needs repairing, the Street Commissioner shall order the Chief of Police to give notice to the owner or to his or her agent, attorney or tenant, setting forth the location of the needed repair, and stating that the same must be done within 10 days from the date of receiving the notice.
(Prior Code, § 97.38)
§ 97.039 FAILURE TO COMPLY.
   If the repair is not made within the 10 day period, it shall be the duty of the Street Commissioner to proceed without delay, under the direction of the City Engineer, to repair the sidewalk, curb or gutter or all of them, in the most approved manner, restoring them and each of them as near as may be to the condition they were in just before the repair became necessary, in harmony as near as possible with the original plan of construction; and when the work has been done, he or she shall report the same with the cost, including materials and labor to the Clerk-Treasurer, who shall notify the owner of the amount of repair, and if not paid within 10 days from the date of mailing the notice, he or she shall place the same on the special assessment duplicate against the owner and the real estate affected, and the same when so placed shall be a lien against the real estate, and shall be collected as other special assessments are collected.
(Prior Code, § 97.39) Penalty, see § 10.99
§ 97.040 PAYMENT AND COLLECTION.
   The cost of the repair shall be paid out of the general fund and the special assessment, when collected, shall be paid into the general fund.
(Prior Code, § 97.40)
§ 97.041 SIDEWALK SIZE.
   (A)   All sidewalks constructed within the city, on each side of Main Street from the east side of East Fifth Street to the east side of West Seventh Street shall extend from the property line to the curb, or a full width of 10 feet.
   (B)   On all streets running north and south form the east side of East Fourth Street to the west side of East First Street and from the north side of Van Trees Street to north side of the north track of the Baltimore & Ohio Railroad Company's road, except on both sides of East Fourth Street from South Street to the railroad track, sidewalks shall extend from the curb to the property line.
   (C)   On all other streets and parts of streets of a greater width than 40 feet, the sidewalk shall be not less than 5 feet; and on all streets 40 feet or less in width, the sidewalk shall not be less than 4 feet wide.
(Prior Code, § 97.41) Penalty, see § 10.99
§ 97.042 APPROVAL BY CITY ENGINEER REQUIRED.
   All curbs and sidewalks shall be built of concrete only, unless an alternate material is approved (such as brick for historical preservation), and all curbs and sidewalks shall be constructed according to plans and specifications prepared or approved by the City Engineer; and repairs of curbing and sidewalks shall be included in the provisions of this section. All curbs and sidewalks must be approved by the Building Commissioner, the CEO and City Engineer, pursuant to a decision-making process approved by the Board of Public Works.
(Prior Code, § 97.42) (Am. Ord. 12-2013, passed 7-8-2013) Penalty, see § 10.99
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