Granville Community Calendar

Ordinance 25-1995

ORDINANCE NO. 25-95
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BY: c732n/)€07-
AN ORDINANCE TO REPEAL EXISTING CHAPTER 905 OF THE
GRANVILLE CODIFIED ORDINANCES AND ADOPT A NEW
CHAPTER 905 ADDRESSING THE REPLACEMENT AND
REPAIR OF SIDEWALKS.
WHEREAS,the Council of the Village of Granville,having considered the
current manner in which the repair and replacement of sidewalks is accomplished,has
determined that existing Chapter 905 of Granville Codified Ordinances is inadequate
to address the procedure by which such repairs are accomplished.
NOW THEREFORE,be it ordained by the Council of the Village of Granville,
Ohio that:
Section I: Existing Chapter 905 of the Codified Ordinances of the Village of
Granville,Ohio is hereby repeated and a new Chapter is hereby adopted
as follows:
CHAPTER 905
Replacement and Repair of Sidewalks
905.01 Definitions.
905.02 Manager's Authority
905.03 Notice to Owner
905.04 Repair or Replacement;
Municipal Reimbursement
905.05 Repair Or Replacement;No
Municipal Reimbursement
905.06 Repair or Replacement
905.07 Maintenance To Be
Owner's Responsibility
905.08 Who May Serve And
Receive Return ofNotice
CROSS REFERENCES
Sidewalk Specifications -see S. U. &P. S. Ch. 907
905.01 DEFINITIONS.
a) s id"ewalk or w'*alkwaya"s used in this Chapter shall have the usual
and normal connotation and the specifications for repair or replacement of a sidewalk or walkway within the meaning of this chapter shall be those of a Portland cement concrete not less than four inches thick and six inches at
driveways,and as more particularly set forth in Chapter 907. O (rd. 8-71.
Passed 8-4-71.)
b) o "wnera"s used in this chapter means any person or entity holding
or claiming any legal or equitable interest of any nature in or to the land on which the sidewalk or walkway exists.
905.02 MANAGER'S AUTHORITY
The Manager is hereby empowered,authorized and directed to repair or replace,or cause to be repaired or replaced,public sidewalks within the
Municipality and to commit the Municipality to the payment of not more than fifty percent of the costs of such repair or replacement as set forth in this Chapter.
905.03 NOTICE TO OWNER
Upon determination of the Manager,after consultation with the Service Director,that a public sidewalk or walkway within the Municipality requires
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repair or replacement,the Manager shall, in writing,notify the owner of the
land upon which the sidewalk or walkway exists of the determination that such
sidewalk or walkway is in need of repair or replacement. The notification shall
include that information set forth in Sections 905.04,905.05 and 905. 06 of this
Chapter.
905.04 REPAIR OR REPLACEMENT;MUNICIPAL
REIMBURSEMENT
Any owner receiving the notification set forth in Section 905. 03 of this
Chapter may receive reimbursement for up to 50%of the cost associated with
the repair or replacement of those sidewalks or walkways described in the
written notice under the following conditions:
a)Within the sixty (60)days immediately following the
notification set forth in Section 905.03,the owner shall obtain and
submit to the Municipality a written estimate or estimates for the cost of
repair or replacement which estimate or estimates shall set forth the
extent of repair or replacement and that such repair or replacement
meets all of the requirements of Chapter 907 of the Codified
Ordinances.
b)Within thirty,3 (0)d,ays of receipt of any estimate or
estimates by an owner for the repair or replacement of any sidewalk or
walkway,the Manager or his designee shall notify the owner in writing
as to the acceptance of an estimate for the repair or replacement,the
amount of such estimate or estimates reasonably related to required
repair or replacement,or the necessity for additional or alternate
estimates.
c)Upon approval of the scope and amount of an estimate the
owner shall cause all work associated with the repair or replacement to
be completed within sixty ( 60)days unless extended by the Manager or
his designee.
d)Upon receipt of evidence satisfactory to the Manager or his
designee that the repair or replacement has been accomplished in
accordance with the estimate approved,the municipality shall reimburse
the owner for 50%of the cost associated with the repair or replacement
or in such amount as previously established by the Municipality as 50%
of the amount required for the repair or replacement as set forth in
subsection ( b)of this section.
905.05 REPAIR OR REPLACEMENT;NO MUNICIPAL
REIMBURSEMENT
Any owner proceeding with the repair or replacement of any sidewalk
or walkway after receiving the notification set forth in Section 905. 03 who does
not comply with all of the provisions of Section 905.04 shall not be entitled to
municipal reimbursement for any of the cost associated with repair or
replacement. Any owner who proceeds with repair or replacement in the
absence of the notification set forth in Section 905. 03 shall not be entitled to
municipal reimbursement.
905.06 REPAIR OR REPLACEMENT;VILLAGE
ASSESSMENT
a)If an owner fails to proceed with the repair or replacement of any sidewalk or walkway after receiving the notice set forth in Section 905.03,
whether in accordance with Section 905. 04 or 905.05, the Municipality may proceed any time after sixty ( 60)days from the date provided in the notice to
cause the repair or replacement as set forth in the notice.
b)Should the Municipality proceed with the repair or replacement
under this section,then the owner shall be invoiced for one hundred percent 100%of th)e cost of such repair or replacement.
c)If any owner fails to make payment of the amount invoiced for
sidewalk or walkway repair or replacement as provided for in this Section
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within sixty ( 60)days of the invoicing therefor,the Manager shall cause written
return to be made to the County Auditor for an amount equal to the costs of the
repair or replacement and to enter such amount upon the tax duplicate to
become a lien upon such lands from the date of entry,to be collected as other
taxes and returned to the Municipality.
905.07 MAINTENANCE TO BE OWNER'S RESPONSIBILITY.
The responsibility for maintaining a sidewalk or walkway safe for public
use rests with the owner or agent having charge of the lands upon which the
sidewalk or walkway exists. The municipality assumes none of this
responsibility by accepting participation in sidewalk or walkway repair or
replacement or by agreement to participate in sidewalk or walkway repair or
replacement.
905.08 WHO MAY SERVE AND RECEIVE RETURN OF
NOTICE.
The Manager or the Service Director may serve or receive any of the
notice provided for in this Chapter.
Section II: This ordinance shall take effect and be in full force upon the earliest
Passed this
date allowed by law.
day of
Attest:
GF.LL Fotol* Clerk of Council
Approved as to Form:
LawDcjt*or
5epternbe.<
Mayo
1995
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