04-15 Amend Sec 903.10 Duty to Repair and Maintain Sidewalks

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PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITEE 2/4/15. PLACED ON 2ND READING 4/15/15. ORDINANCENO. 4 -15 BY: Anderson, Bullock, Juris, Madigan, Marx, O'Leary. AN ORDINANCE to amend Section 903. 10, Duty to Repair and Maintain Sidewalks, of the Codified Ordinances of the City of Lakewood to remove the requirement that a sidewalk survey be included with the notice to repair. WHEREAS, traditionally, a sidewalk survey or form with a drawing indicating that blocks of concrete which need to be replaced or repaired has been included with a notice to repair a sidewalk, tree lawn or driveway apron and is currently required by ordinance; and WHEREAS, sidewalk inspections are no longer done with a paper diagram which becomes the sidewalk survey, instead pavement markings are used to indicate which areas require repair or replacement; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 903.10, Duty to Repair and Maintain Sidewalks, currently reading as follows: 903.10 DUTY TO REPAIR AND MAINTAIN SIDEWALKS, TREE LAWNS AND DRIVEWAY APRONS. (a) For the purpose of this section, "sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians, including the area commonly referred to as the "tree lawn." (b) As used in this section, "driveway apron" means that area of the driveway from the curb to the sidewalk. (c) The property owner whose property abuts any sidewalk shall be primarily responsible for the repair and maintenance of such sidewalk, driveway apron and tree lawn area. (1) Any hole or defect that is a tripping hazard or that is capable of causing injury, inconvenience, annoyance or damage to sidewalk 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 exercise of due diligence, or within such time as may be determined 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 reasonably repair such defect in accordance with the applicable time frame shall be considered a negligent act as