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<br />,-, <br /> <br />PLEASE SUBSTITUTE FOR ORDINr"çE NO, 6-91 <br />PLACED ON 1st READING 1/7/>_; 2ND READ 2/4/91. <br /> <br />ORDINANCE NO. 6-91 <br /> <br />BY: Boscia, Gallagher, Gazzana, <br />George, Graham, Roth, Smith <br /> <br />AN EMERGENCY ORDINANCE amending the Streets and Public <br />Services Cbde of the Codified Ordinances by enactihg new Section <br />903.10 of the Sidewalks and Curbs Chapter, requiring property owners <br />whose land abutts any City sidewalk to properly maintain such sidewalk <br />and authorizing the City to adopt a Resolution requiring property <br />owners to repair such sidewalks. <br /> <br />WHEREAS, the City desires to protect the health, safety and <br />welfare of people using any public right of way withih t~e City¡ and <br /> <br />WHEREAS, sidewalks <br />disrepair pose a threat to the <br />use such sidewalks; and <br /> <br />that are in an unreasonable state of <br />health, safety and welfare of those who <br /> <br />WHEREAS¡ the City desires to designate the <br />owner as the primary caretaker and responsible <br />maintenance of such sidewalks; now, therefore, <br /> <br />abutting <br />party for <br /> <br />land <br />the <br /> <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br />Section 1. The City determines that sidewalks shall be <br />maintained by abutting property owners as follows: <br /> <br />903.10 DUTY TO REPAIR AND MAINTAIN SIDEWALKS. <br /> <br />(a) Definition: "Sidewalk" as used in this· section <br />means that portion of the street between the curb <br />lines, or the lateral lines which is de£ignated for <br />the use by pedestrians. <br /> <br />(b) The property owner whose property abutts any <br />City sidewalk shall be primarily responsible for <br />the repair and maintenance of such sidewalks. <br />(1) Any hole or defect that is capable of <br />causing injury, inconvenience, annoyance or <br />ôamage to sidewalk users shall be repaired by <br />the abutting property owner within a <br />reasonable perrod of time from the time at <br />which the property owner should have known of <br />the necessity of such repair through the <br />exercise of due diligence, or within such <br />time as may be determined as reasonable by <br />the Director of Public Works at the time the <br />repair work is determined to be necessary. <br />(2) The failure of a property owner to <br />reasonably repair such defect in accordance <br />with the applicable time frame shall be <br />considered a negligent act as a matter of <br />law, and the property owner shall be liable <br />for any injury resulting from such defect. <br /> <br />(c) The Director or Public Works, upon determining <br />that the condition of any sidewalk or curb <br />constitutes a public hazard, may order an abutting <br />property owner to repair any sidewalk which the <br />City finds to be a nuisance or in an unsafe <br />condition. <br />(1) The Director of Public Works shall serve <br />a written notice of his determination in the <br />manner provided by law for service in a civil <br />action; setting forth a duplicate of the <br />sidewalk survey indicating which sidewalks <br />are to be repaired the cost per square <br />foot of those repair and a time frame in <br />which such work is to be completed. <br />(2) If a property owner fails to repair. a <br />sidewalk as required by such order¡ the <br />Director of Public Works may perform the <br />work determined necessary and assess the cost <br />of such work to the abutting land owner. <br /> <br />1 <br />