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61-07 Amend 903.10 Repair & Maintain Sidewalks (amended 11/2/09 71-09)
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61-07 Amend 903.10 Repair & Maintain Sidewalks (amended 11/2/09 71-09)
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Last modified
5/14/2013 3:12:17 PM
Creation date
9/26/2007 6:31:01 AM
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Office Of Council
Document Type
Ordinances
Date
9/26/2007
Date Adopted
9/17/2007
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A. The order to repair and citation shall be in writing upon a <br />form approved by the Director of Public Works sett ng forth <br />the specific cond tons determined to be a public hazard or <br />unreasonable state of disrepair and sha contan a date for <br />compliance not less than thirty days from the date of the <br />issuance of the order and citation, unless a onger period is <br />determ ned to be appropriate by the Direct0r of Public <br />Works. <br /> <br /> B. zf the repair work ordered in compliance wth the order to <br /> repair and citation is not completed within the time <br /> specified, the Director of Public Works may assess~ in <br /> addition to the charges for repair, a civil fine of one hundred <br /> dollars ($100:00) upon the property owner so cited. <br /> <br /> C. If the fine set forth above is not paid in full within thirty <br /> days from the issuance of written notice of such fine to the <br /> property owner, or in the event any charges due for repair <br /> are not paid in a timely manner by the property owner, <br /> either directly or by assessment upon property taxes in <br /> accordance with these Codified Ordinances and general laws <br /> of the State of Ohio, the Director of Law may take such <br /> action as is determined appropriate to collect such fine or <br /> costs of repair. <br /> <br />shall be and is hereby amended to read as follows: <br /> <br />903.10 DUTY TO REPAIR AND MAINTAIN SIDEWALKS AND DRIVEWAY APRONS <br /> <br />(a) As used in this section, "sidewalk" means that portion of the street between <br />the <br /> curb I nos or the lateral lines which is des gnated for use by pedestrians. <br /> <br />(b) As used,in this Section, "driveway apron" means that area of the driveway <br />from the curb to the sidewalk. - <br /> <br />(c)The property OWner whose property abuts any City sidewalk shall be pr mar y <br />responsible for the repair and maintenance of such sidewalk, driveway apron and <br />tree lawn area. <br /> <br /> (1) Any hole or defect, including any difference in grade of three~ <br /> quarters (3/4) of an inch either higher or lower than grade, <br /> Which is a tripping hazard, that is capable of causing njury, <br /> inconvenience, annoyance or damage to sidewalk users shall be <br /> repaired by the abutting properly owner within a reasonable <br /> period of time from the time at which the property owner <br /> should have known of the necessity of such repair through the <br /> exercise of due diligence, or within such time as may be <br /> determined as reasonable by the Director of Public Works at <br /> the time the repair work is determined to be necessary. <br /> <br /> (2) A driveway and driveway apron must be the same width where <br /> either or both abut the sidewalk, A driveway apron may flare <br /> at the area of the curb up to twelve (12) inches at either side. <br /> <br /> (3) The failure of a property owner to reasonably repair such defect <br /> in accordance with the applicable time frame Shall be considered a <br /> negligent act as a matter of law, and the properly OWner shall be <br /> liable for any injury resulting from such defect. <br /> <br />(d) The Director of Public Works, upon determining that the condition of any <br /> sidewalk, driveway apron or curb constitutes a public hazard, may order an <br /> al~utting property owner to repair any sidewalk or driveway apron which the <br /> City finds to be a nuisance or in an unsafe condition <br /> <br /> (1) The Director of Public Works shall serve a written notice of his <br /> or her determination in the manner provided by law for service in a <br /> <br /> <br />
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