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45-09 Amend Chpt 903 - Sidewalks & Curbs
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45-09 Amend Chpt 903 - Sidewalks & Curbs
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5/14/2013 3:17:52 PM
Creation date
6/5/2009 6:52:38 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
6/1/2009
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(c) The property owner whose property abuts any sidewalk shall be primarily <br />responsible for the repair and maintenance of such sidewalk, driveway apron and tree <br />lawn area. <br />(1) Any hole or defect, which is a tripping hazard, that is capable of causing injury, <br />inconvenience, annoyance or damage to sidewalk users shall be repaired by the <br />abutting property owner within a reasonable period of time from the time at which the <br />property owner should have known of the necessity of such repair through the exercise <br />of due diligence, or within such time as may be determined as reasonable by the <br />Director of Public Works at the time the repair work is determined to be necessary. <br />(2) The failure of a property owner to reasonably repair such defect in accordance <br />with the applicable time frame shall be considered a negligent act as a matter of law, <br />and the property owner shall be liable for any injury resulting from such defect. <br />(d) The Director of Public Works, upon determining that the condition of any <br />sidewalk or driveway apron constitutes a public hazard, may order the abutting property <br />owner to repair any sidewalk, or driveway apron which the City finds to be a nuisance <br />or in an unsafe condition. <br />(1) The Director of Public Works shall serve a written notice of his or her <br />determination in the manner provided by law for service in a civil action, setting forth a <br />duplicate of the sidewalk survey indicating which sidewalks or driveway aprons are to <br />be repaired, the cost per square foot of those repairs and a time frame in which such <br />work is to be completed. <br />(2) If a property owner fails to repair a sidewalk as required by such order, the <br />Director of Public Works may perform the work determined necessary and assess the <br />cost of such work to the abutting land owner. <br />(3) The Director of Public Works shall have the authority to inspect any sidewalk and <br />issue a citation and order to repair to any property owner whose property abuts a <br />sidewalk that is in an unreasonable state of disrepair or is determined to be a public <br />hazard. <br />A. The order to repair and citation shall be in writing upon a form approved by the <br />Director df Public Works setting forth the specific conditions determined to be a public <br />hazard or unreasonable state of disrepair and shall contain a date for compliance not <br />less than thirty days from the date of the issuance of the order and citation, unless a <br />longer period is determined to be appropriate by the Director of Public Works. <br />B. If the repair work ordered in compliance with the order to repair and citation is <br />not completed within the time specified, the Director of Public Works may assess, in <br />addition to the charges for repair, a civil fine of one hundred dollars ($100.00) upon the <br />property owner so cited. <br />C. If the fine set forth above is not paid in full within thirty days from the issuance <br />of written notice of such fine to the property owner, or in the event any charges due for <br />repair are not paid in a timely manner by the property owner, either directly or by <br />assessment upon property taxes in accordance with these Codified Ordinances and <br />general laws of the State of Ohio, the Director of Law may take such action as is <br />determined appropriate to collect such fine or costs of repair. <br />903.99 PENALTY. <br />Whoever violates Section 903.09 shall be fined not more than one hundred dollars <br />($100). <br />
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