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2023 42 RESOLUTION
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2023 42 RESOLUTION
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8/24/2023 10:16:02 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
2023-42
Date
8/21/2023
Year
2023
Title
SIDEWALK
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SECTION 1. RESOLUTION OF NECESSITY. Council hereby declares the necessity for <br />the repair of such sidewalks, within the Village more fully described herein in the Aintree Park, <br />Aintree North and Sandalwood neighborhoods, by the owners ofthe lots or lands abutting thereon. <br />SECTION 2. PLANS APPROVED. Pursuant to Section 729.02(A) of the Ohio Revised <br />Code, Council hereby approves the plans, specifications, and estimate of cost of the proposed repair on <br />file with the Clerk of Council. <br />SECTION 3. DESCRIPTION OF LOTS. Pursuant to Section 729.02(B) of the Ohio Revised <br />Code, the lots and lands abutting upon the sidewalks, to be repaired are described by street address <br />in Exhibit "A", a copy of which is attached hereto and incorporated herein. <br />SECTION 4. SPECIFICATIONS. Pursuant to Section 729.02(C) of the Ohio Revised Code, <br />such sidewalks shall be repaired by the owners of the lots or lands abutting thereon in accordance <br />with the specifications on file in the office ofthe Clerk of Council. <br />SECTION 5. TIME OF CONSTRUCTION. Pursuant to Section 729.02(D) of the Ohio <br />Revised Code, the time within which such sidewalks shall be repaired by the owners of the lots and <br />lands abutting thereon, which shall not be less than thirty days from the date of service of notice <br />under section 729.03 ofthe Revised Code, on the owner ofthe lots or land. However, pursuant to Section <br />903.02(d) o f the Mayfield Village Code, sidewalks shall be repaired by the owner not less than forty- <br />five days from the date of Notice. <br />SECTION 6. ASSESSMENT. Pursuant to Section 729.02(E) of the Ohio Revised Code, that <br />in the event such sidewalks are not repaired by the owners of the lots and lands abutting thereon in <br />accordance with such plans and specifications and within the time prescribed in this Resolution of <br />Necessity, the Village will so construct or repair such sidewalks and assess the cost thereof against <br />the lots and lands abutting thereon. <br />SECTION 7. NOTICE TO CONSTRUCT; NOTICE OF PASSAGE OF RESOLUTION OF <br />NECESSITY. Pursuant to Section 729.03 of the Ohio Revised Code, notice of passage of this Resolution <br />of Necessity shall be served by the Clerk of Council upon the owners of the lots or lands abutting <br />upon the sidewalks to be repaired by certified mail addressed to such owner at his/her last known <br />address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If <br />it appears by the return of the certified mail notice that one or more of the owners cannot be found, such <br />owners shall be served by publication of the notice once in a newspaper of general circulation within the <br />Village. (See also Posting RC 731.25). Such notice shall set forth the specifications of construction, <br />the time within the owner may construct, and that in the event such owner does not construct or repair <br />in accordance with specifications and within such time, the Village will construct and assess the costs <br />thereof against the lot or land of such owner. <br />SECTION 8. Council finds and determines that all formal actions of this Council relating to <br />the adoption of this Resolution have been taken at open meetings of this Council; and that <br />deliberations of this Council and of its committees, resulting in such formal action, took place in <br />2 <br />4891-9183-1416, v. 1 <br />
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