61-07 Amend 903.10 Repair & Maintain Sidewalks (amended 11/2/09 71-09)

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PLACED ON iST READING & REFERRED TO THE RULES & ORRINANCES COMMITTEE 7/2/07. PLACED ON 2ND READING 7/16/07. ORDINANCE NO. 61-o7 BY: Antonio, B~tler, Demro, Dever, FitzGerald, Madigan, Seelie. AN ORDINANCE to amend Section 903.10, Duty to Repair and Ma ntain Sidewalks, of the Codified Ordinances of the City of Lakewood, for the purpose of requiring property owners to maintain and repa r sidewalks and driveway aprons and regulating the materials to be used for sidewalks and driveway aprons. WHEREAS, the current ordinance does not sufficiently define or include driveway aprons as areas to be maintained by property owners; and WHEREAS, in the interest of public safety, it is fitting to requ re property owners to maintain sidewalks and driveway aProns uniformly and appropriately. Now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOODI STATE OF OHIO Section 1. That Section 903.10, Duty to Repair and Maintain S dewalks, of the Codified Qrdinances of the City of Lakewood, currently reading as follows: (a) As used in this sectionl "~idewalk" means that portion of the street hefwe~n the curb lines or the lateral lines which is design'ated for use by ped~s-t~i~:- (b)The property owner whose Property abuts any Cty sdewalk shall be primarily responsible for the repair and maintenance of such sidewalk (1) Any hole Or defect that is capable of causng njury, inconvenience; annoyance or damage to sdewa k users shall be repaired by the abutting property owner within a reasonable period Of time from the time at which the property owner should have known of the necessity Of such repair through the exerc se Of due diligence, or within such time as may be de~ermined aS reasonable by the Director of Public Works at the time the repair work is determined to be necessary. (2) The failure of a prOperty owner to reasonab y repair such defect in accordance with the applicable time frame shall be considered a negligent act as a matter of law, and the property owner shall be liable for any injury resulting from such defect. (c) The Director of Public Works, upon determining that the condition of any sidewalk or curb constitutes a public hazard, may order an abutting property owner to repair any sidewalk which the City finds to be a nuisance or in an unsafe condition (1) The Director Of Public Works shall serve a Written notice of his or her determ naton in the manner provided by law for serv Ce n a civil action, setting forth a duplicate of the sidewa k survey indicating which sidewalks are to be repaired, the cost per square foot of those repairs and a time frame in which such work is to be completed. (2) If a Property owner fails to repair a sidewalk as required by such order, the Director of Public Works may perform the work determined necessary and assess the cost of such work to the abutting land owner. (3) The Director of Public Works shall have the authority to inspect any sidewalk and issue a citation and order to repair to any property Owner whose property abuts a sidewalk that is in an unreasonable state of disrepair Or is determined to be a public hazard.