Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Regulations for sidewalks, curbings and gutters, Charter § 164, § 165
Assessment bonds for sidewalk construction or repair, Charter § 166
Changing established grade, RC 727.07
Construction or repair at owner's expense, RC 729.01 et seq.
Notice to construct or repair, RC 729.03 et seq.
Sidewalk obstructions: permitted and prohibited, CO Ch 507
Precautions for sidewalk openings, CO 507.10
Water stop cock or valve boxes in sidewalk flagging or pavement, CO 531.21
All sidewalks shall be under the direction of the Director of Public Service. The space between the property line and the curb line on each side of the paved roadway or curbed streets shall constitute the sidewalk. Upon unpaved streets, the sidewalk shall be the portion adjoining the property line on each side, and shall have a width equal to one-fifth of the distance between property lines, but in no case shall the sidewalk be less than four feet in width except in streets or alleys of sixteen feet or less in width, where the sidewalk shall be two and one-half feet in width.
(a) All sidewalks hereafter improved by placing walks with a permanent surfacing on any public highway or street within the City shall be so improved by constructing walks with stone flagging or concrete, and in accordance with the specifications prescribed by the Director of Public Service, and shall be of the width prescribed by resolution of Council, or as directed by the Director where no such resolution has been passed. The sidewalk shall be so laid that the top surface shall be properly roughened, so that the same shall be prevented from becoming slippery when covered with moisture. The roughened finish shall be of such character as in the judgment of the Director will effectually prevent at any time the slippery condition of such walks.
(b) Any grading necessary between the walks as laid, and the curb line, or between the walks and the edge of the sidewalk space as herein established, shall be done at the time of laying the walks, so as to leave the sidewalk space at the grade hereinafter described.
(c) The sidewalks as improved shall coincide with the line described as follows: beginning at the curb line with the established curb grade as determined by the City Engineer; Thence extending to the street line at right angles to the curb line, with a rise of three-eighths of an inch to the foot; provided, that at street intersections, where the grade of the intersecting street prevents compliance with the above provisions, the walk shall be laid under the direction and to the acceptance of the Commissioner of Engineering and Construction.
(a) Any sidewalk heretofore laid shall not be raised or lowered without the approval of the Commissioner of Engineering and Construction. All sidewalks hereafter laid shall be in accordance with the provisions of this chapter and under the supervision of the Commissioner.
(b) No curb line or grade for curb shall be changed, except by the direction and the written consent of the Director of Public Service or Commissioner.
(c) Any sidewalk laid on any public street or highway within the City in a manner inconsistent with the provisions of this chapter shall, upon the recommendation of the Director, be ordered relaid to the proper grade, upon the failure of the property owner to make the change so ordered within the time specified in the notice.
(a) No sidewalk shall be improved as provided nor shall any sidewalk be repaired or relaid, unless a permit for so doing has been obtained from the Director of Public Service. The fee for the permit shall be twenty-five dollars ($25.00). The permit shall mention the kind of surfacing or walk to be laid, the extent of the same and the sublot and house number, or adequate measurements identifying the location where no such numbers have been established, in front of which the work is to be done. All stone or concrete surfacing of sidewalks shall be subject to the inspection of duly authorized City inspectors, whose duty it shall be to undertake the fulfilling of the requirements of the approved specifications for the sidewalk surfacing. For furnishing such inspection there may be collected from the property owner an amount or fee not to exceed the cost of the sidewalk improvement.
(b) The owner of land in front of which a permit to improve the sidewalk has been given may request that the Commissioner of Engineering and Construction establish the grade or line on which the improvement is to be made.
(c) For performing the work of establishing the line and grade for such sidewalk improvement by the Commissioner in accordance with the land owner's request, there shall be collected from the owner a fee based on the following rates:
(1) For each linear foot of sidewalk for which the grade is given, five cents ($.05).
(2) For each linear foot of sidewalk for which the line is furnished, five cents ($.05).
(3) For each linear foot of sidewalk for which both line and grade are furnished, seven and one-half cents ($.07 1/2).
(4) The minimum fee charged in any case shall be five dollars ($5.00).
(d) All amounts collected for inspection or engineering fees under this section shall be deposited into the General Fund.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) Permits for the repair of sidewalks in the central business district, except those repairs of an emergency nature, shall not be issued between November 15 and February 1 of the succeeding year.
(b) Notwithstanding the provisions of division (a) of this section, a permit for the repair or maintenance of a sidewalk in the central business district may be issued between November 15 and February 1 of the succeeding year if the Director of Public Service receives a specific request for such a permit and determines that the weather will be sufficiently temperate for a sufficient period of time to allow the requested repair or maintenance to be commenced and completed within three (3) business days of the issuance of the permit.
(c) On any permit issued pursuant to division (b) of this section, the Director of Public Service may impose such conditions as are necessary to ensure that the work authorized therein is done properly.
(Ord. No. 84-92. Passed 4-6-92, eff. 4-15-92)
Each person, firm or corporation that engages in the work of laying, relaying or repairing sidewalks upon the City streets shall, before engaging in any such work or employment, make a cash deposit of twenty-five dollars ($25.00). Interest at the current rate being received by the City on its deposits, will be allowed on January 1 and July 1 of each year on the cash deposit provided for herein, providing the same has been in the City Treasury for a period of six months next preceding the dates. Each person, firm or corporation shall give bond to the City of five hundred dollars ($500.00) for each 50,000 square feet of sidewalk estimated to be laid, relaid or repaired, or for any fractional part thereof, on condition that the City shall be saved harmless from any loss or expenditure in any manner arising from the conduct of such persons, firm or corporation, in the work of laying, relaying or repairing sidewalks, and from any loss or damage which may arise by reason of any obstructions, excavations, barriers, guards or other objects or materials placed or deposited in the street during the progress of the work, or the expense of removing the same and cleaning the street or sidewalk, and from any loss or damage arising from any acts, negligence or default of such persons, firm or corporation, and conditioned further upon the sidewalks so laid, relaid or repaired remaining in good condition to the satisfaction of the Director of Public Service, for a full period of two years from the year of the laying, relaying or repairing sidewalks, and conditioned upon such person, firm or corporation immediately upon the appearance of any defects, disintegration or fault in such sidewalks appearing and due to any acts, omissions or default of the one laying the same, being immediately repaired and restored to a good and proper condition to the satisfaction of the Director, as to such defects as may appear at any time within two years of the year of laying, relaying or repairing of the sidewalks. The bond and deposit shall cover all of the foregoing matters which may arise or be occasioned at any time within two years of the calendar year within which such work is done. Before any person, firm or corporation who is entitled to lay, relay or repair sidewalks, as herein provided, undertakes to do the work of such laying, relaying or repairing they shall procure from the Director a permit to do such work in the public streets of the City. The application for the permit shall specify the owner of the property in front of which the sidewalk is to be laid and the probable time of beginning and finishing the work of laying, relaying or repairing such sidewalks. A separate permit shall be required for each continuous stretch of sidewalk to be laid. The cash deposit, less any expense which may have been charged against the same by the City, shall be returned whenever the person, firm or corporation entitled to lay, relay or repair sidewalks and having made such deposit, in accordance with the provisions herein prescribed, has signified in writing to the Director the intention of no longer engaging in such work.
A Board of Sidewalk Appeals consisting of the Director of Public Service, a member of Council to be elected by Council and the Director of Law or his duly authorized representative, shall serve as a board to hear and determine any protests filed by property owners or their agents as to sidewalks, curb or gutter construction, reconstruction or repair, or any written notices issued pursuant to Charter Section 164.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
If protests are filed prior to the doing of the work called for by the notice, the Board of Sidewalk Appeals shall have authority to modify, alter or revoke any such notice as to the amount or type of work required, or the time in which it must be completed, consistent with the City ordinances and the specifications regarding sidewalk, curbing and gutter construction, reconstruction or repair. The Board shall also have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided such waiver will not cause or continue a public nuisance or an unsafe condition. Protests filed under this section must be filed no later than thirty days after the service of the notice issued pursuant to Charter Section 164.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
If a protest is filed after the work provided for in the notice to the property owner has been completed, the authority of the Board of Sidewalk Appeals shall be limited to a determination that the amount of the bill is correct, that the bill has been properly charged against the affected property and that the work as performed was in accordance with the notice served the property owner. If the Board finds that an amount has been incorrectly charged against the property, but that work, for which the City contractor is entitled to payment, has been performed, it may order that such payment be made from the fund provided for the payment of the City's portion of sidewalk work. Protests filed under this section must be filed no later than thirty days after the receipt of the bill from the City.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
Any protests regarding sidewalk, curb or gutter construction, reconstruction or repairs, or the assessment therefor, shall be filed in writing with the Director of Public Service, who shall notify the person filing such protest of the date and place of hearing before the Board of Sidewalk Appeals.
(Ord. No. 717-65. Passed 6-7-65, eff. 6-9-65)
(a) No owner or occupant of abutting lots or lands shall fail to keep the sidewalks, curbs, and gutters in repair and free from snow, ice or any nuisance. (RC 723.011)
(b) In addition to the duty contained in division (a) of this section, no owner or occupant of abutting lots or lands which are used, in whole or in part, for the operation of a business, or which previously have been used for the operation of a business and are now vacant, shall maintain sidewalks with the characteristics contained in division (a) of Section 505.12. As used in this division, "business" means any enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity, but not including the rental of residential premises.
(c) An owner or occupant of abutting lots or lands who fails to comply with division (a) or, if applicable, division (b) of this section:
(1) shall be liable in money damages to any person who, as a result of such owner's or occupant's failure to comply, sustains bodily injury or property damage while in the lawful use of the sidewalk (an "injured party"); and
(2) shall be liable to and reimburse the City for all money paid by the City on any claim made or judgment obtained against the City by an injured party.
(d) When the Director of Public Service determines that an owner fails to keep the sidewalks, curbs, and gutters in repair because those sidewalks have one or more of the characteristics set forth in division (a) of Section 505.12, the Director shall serve or cause to be served upon such owner a notice which states in detail the nature of the violation. The notice shall also contain an estimate of the cost to repair the sidewalk, curb, or gutter and shall notify the owner that he may submit payment of the estimated amount, which amount shall be the full amount unless there exists a properly authorized program subsidizing these repair costs, to the City by a certain date and enter into an agreement with the City to effectuate the repairs. Funds submitted as an estimated amount shall be deposited in fund No. 10 SF 057 and said funds are appropriated for sidewalks, curb or gutter repair purposes. Upon receipt of the estimated amount and the agreement, the City will construct or repair the sidewalk. If the actual cost of construction or repair is not equal to the estimated amount, the City will bill the owner for any additional cost or reimburse the owner from Fund No. 10 SF 057 for any amount paid to the City that exceeds the actual cost. The agreement required above shall contain such terms and provisions as determined by the Director of Law to protect and benefit the City. This notice is not a substitute for the notice described in division (b) of Section 505.12, but may be issued with that notice.
(Ord. No. 1729-01. Passed 10-22-01, eff. 11-1-01)
(a) Sidewalks having the following characteristics are determined to be in need of maintenance:
(1) Any block having multiple cracks or any single crack larger than one-fourth inch (1/4″) wide.
(2) Adjoining sections of block, or portion thereof, whose edges differ vertically by one-half inch (1/2″) or more.
(3) Any block with a transverse slope in excess of three-eighths inch (3/8″) plus or minus one-eighth inch (1/8″) per horizontal foot toward the street.
(4) Any block with a reverse slope (a slope away from the street).
(5) Any block with a depression or depressions that impound water to a depth of one-quarter inch (1/4″) or more.
(6) Any block with disintegrated or deteriorated areas or missing pieces or missing particles of aggregate.
(7) Any adjoining blocks the expansion or control joints of which are separated by one-half inch (1/2″) or more.
(8) Any block which the Director of Public Service determines to be hazardous, regardless of whether it has any of the characteristics set forth in paragraphs (1) through (7) of this division.
(b) When the Director of Public Service determines that an owner is in violation of the provisions of division (b) of Section 505.11 because the sidewalk or sidewalks abutting said owner's property have one or more of the characteristics set forth in division (a) of this section, said director shall serve or cause to be served upon such owner a notice which states in detail the nature of the violation. The notice shall further provide that within thirty (30) days after service of the notice, the recipient thereof shall:
(1) remedy the violation;
(2) appeal the Director's determination to the Board of Sidewalk Appeals; or
(3) submit payment and enter into an agreement pursuant to division (d) of Section 505.11.
The notice shall clearly indicate to the recipient that if the recipient fails to take one of the three steps listed in this division within thirty (30) days after service of the notice, the recipient may be found guilty of a fourth degree misdemeanor.
(c) If an appeal is filed after service of the notice provided for in division (b) of this section, the Board of Sidewalk Appeals shall have the authority to modify, alter or revoke any such notice as to the amount or type of work required or the time in which it must be completed, consistent with City ordinances and specifications regarding sidewalk maintenance. The Board shall also have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided such waiver will not cause or continue a public nuisance or an unsafe condition. The Board shall issue an order setting forth its findings and indicating the period of time within which the owner must comply therewith.
(d) If the Board of Sidewalk Appeals issues an order pursuant to division (c) of this section, the property owner to whom the order applies may appeal such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Written notice of such appeal shall be filed with the Board within ten (10) days after the making of such order. Within ten (10) days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul the order from which the appeal has been perfected, and the decision of the Board shall be final with respect to all parties thereto.
(e) Notwithstanding any other provision contained in this section, any notice served pursuant to division (b) of this section between November 15 of one year and February 1 of the succeeding year to an owner of a parcel of land which is located within the Central Business District shall provide that the violation shall be remedied or the Director's determination appealed within thirty (30) days of the end of that period. Any order issued pursuant to division (c) of this section and any decision of the Board of Zoning appeals pursuant to division (d) of this section shall take into consideration the provisions of Section 505.05.
(f) Any owner who violates the provisions of division (b) of this section or fails to comply with or appeal an order of the Board of Sidewalk Appeals issued pursuant to division (c) of this section within the period set forth in said order or fails to comply with the decision of the Board of Zoning Appeals pursuant to division (d) of this section shall be guilty of a misdemeanor of the fourth degree. Each day during which noncompliance or a violation continues shall constitute a separate offense. Provided that the fine set forth herein shall not, with respect to any one service of notice, exceed three times the cost of the sidewalk maintenance required in such notice, as estimated by the Director of Public Service. The fine set forth herein is mandatory and shall not be suspended by the court, in whole or in part. All fines collected for violations of this section, or an amount equal to the fines collected, shall be credited to the Neighborhood Sidewalk Assessment Fund, and such monies are hereby appropriated for the purposes for which the fund was created.
(Ord. No. 837-2000. Passed 7-17-00, eff. 7-25-00)
(a) Every person owning any parcel of land abutting upon any sidewalk, curb or gutter within the City shall construct or repair such sidewalk, curb or gutter within fifteen (15) days after the service of notice to construct or repair required by Charter Section 164.
(b) If the abutting property owner does not perform such necessary construction or repair after receipt of notice, the Director of Public Service may proceed to carry out construction or repair pursuant to the provisions of Charter Section 165.
(c) If the Director of Public Service causes any such sidewalk, curb or gutter to be so constructed or repaired, said director shall report all expense of construction or repair plus a penalty of fifteen percent (15%) of the expense for failure to comply with division (a) of this section to the Director of Finance, who shall report such expense and penalty to Council. The fifteen percent (15%) penalty shall thereupon be assessed against the abutting property in the same manner as all other expenses or penalties arising out of the construction or repair of the sidewalk, curb or gutter.
(Ord. No. 242-05. Passed 4-25-05, eff. 4-29-05)
(a) The Director of Public Service may create a program for the City to repair sidewalks on residential property in the right-of-way that are designated by the Department of Public Service as being in an unsafe or dangerous condition, when the City receives voluntary payment of fifty percent (50%) of the estimated shared costs of repair from the owner of the property on which the sidewalk is located. Shared costs shall include, but not be limited to, any cost the City or its contractor incurs, such as the cost of paving or repairing, adjustment of castings, reseeding lawns, or grinding tree roots, except that shared costs shall not include costs incurred in removing a full tree.
(b) The Director shall run the sidewalk repair program in any year that funds are appropriated for the program.
(c) The program shall be available to any property owner whose residential sidewalks are determined by the Director of Public Service to be in an unsafe or dangerous condition, on a first-come, first-served basis, to the extent funds are available.
(d) The Director shall not authorize a contractor to perform sidewalk repairs on a property until the owner has paid his or her fifty percent (50%) share based on the Director's written estimate.
(e) After the repair is completed, the Commissioner of Licenses and Assessments shall bill the owner of the property for his or her fifty percent (50%) portion of actual costs that exceed the Director's estimate. The Commissioner of Licenses and Assessments shall issue a refund to the owner of the property for his or her fifty percent (50%) portion of actual costs that are below the Director's estimate. Any refunds must be paid on or before March 31 of the year following completion of the work.
(f) That the Director of Public Service is authorized to promulgate rules for the program. The rules shall take effect upon publication in the City Record.
(Ord. No. 277-05. Passed 3-28-05, eff. 3-30-05)
Any person, firm or corporation neglecting to comply with any of the provisions of Section 505.06, or engaging in such work without a permit, shall be fined not more than fifty dollars ($50.00) for each offense or violation and the further sum of five dollars ($5.00) for each day the violation is continued.