ORDINANCE NO. 21-2013
AN ORDINANCE TO REPEAL EXISTING SECTIONS 905 AND 907 SIDEWALK CODE OF THE GRANVILLE CODIFIED ORDINANCES AND TO ADD NEW SECTION 905 TO THE CODIFIED ORDINANCES OF GRANVILLE, OHIO
WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to modernize and update the Sidewalk Chapter of the Village Code in order to better protect the general health, safety, and welfare of the citizens of the Village.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, THAT:
Section I: Existing Sections 905 and 907 of Chapter 9 of the Codified Ordinances of Granville, Ohio are hereby repealed.
Section II: New Section 905 of the Codified Ordinances of Granville, Ohio is hereby added as follows:
Replacement and Repair and Construction Specifications of Sidewalks
905.02 Manager's authority; Village share of project.
905.03 Notice to owner.
905.04 Construction Permit Required; Fee
905.05 Repair or replacement; municipal reimbursement.
905.06 Repair or replacement; no municipal reimbursement.
905.07 Repair or replacement; Village assessment.
905.08 Maintenance to be owner's responsibility.
905.09 Compliance; non-concrete
905.10 Sidewalk Placement; Tree Protection
905.11 Central Business District Excepted
905.12 Who may serve and receive return of notice.
(a) "Sidewalk" or "walkway" as used in this chapter shall have the usual and normal connotation and the specifications for repair or replacement of a public 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, located with in the Village’s rights of way.
(b) "Owner" as used in this chapter means any person or entity holding or claiming any legal or equitable interest of any nature in real property located directly adjacent to the public land or public easement on which the public sidewalk or walkway exists. (Ord. 25-95. Passed 9-6-95.)
(c) The term "Manager" as used in this chapter means the Municipal Manager, Municipal Engineer or any other person in the service of the Village who has been properly designated by the Manager to exercise authority and represent the Manager in matters relating to the public sidewalk construction and replacement.
905.02 MANAGER'S AUTHORITY ; VILLAGE SHARE OF PROJECT
The Manager is hereby empowered, authorized and directed to repair or replace, or cause to be repaired or replaced, those portions of public sidewalks within the Village which, in his opinion, are sufficiently damaged or shifted to impede pedestrian passage and to commit the Village to the payment of not more than fifty percent of the costs of such repair or replacement as set forth in this chapter, unless, in the opinion of the Manager, the public sidewalk damage was caused by a Village “street tree”, located between the sidewalk and the curb and directly adjacent to the damaged public sidewalk. In this case, the Village will be responsible for 100% of the sidewalk repair cost.
Brick sidewalks that are not maintained can become a hazard. Accordingly, as an incentive to upgrade the Village’s public sidewalks, the Village Manager may authorize the Village share of the sidewalk replacement to be increased to 75% of the project cost where existing public brick sidewalks are replaced w/ Portland concrete, per Village construction standards.
905.03 NOTICE TO OWNER
Upon determination of the Manager that a public sidewalk or walkway within the Village requires repair or replacement, the Manager shall, in writing, notify the owner of the land directly adjacent to the damaged public sidewalk or walkway 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.
905.04 CONSTRUCTION PERMIT REQUIRED; FEE.
Whenever any person or persons wish to construct or replace sidewalks within the Municipality, application shall first be made to the Manager to obtain a sidewalk permit authorizing the construction or replacement of sidewalks in accordance with the Village’s “Construction and Material Specifications”. The Manager shall, upon the issuance of the sidewalk permit, also furnish a copy of the sidewalk specifications to the person making application for the permit. The fee for the sidewalk construction permit shall be ten dollars ($10.00).
905.05 REPAIR OR REPLACEMENT; MUNICIPAL REIMBURSEMENT.
Any owner receiving the notification set forth in Section 905.03 may receive reimbursement from the Village 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 the Village’s “Construction and Materials Specifications”.
(b) Within thirty (30), days 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.
905.06 REPAIR OR REPLACEMENT; NO MUNICIPAL REIMBURSEMENT.
Any owner proceeding with the repair or replacement of any public 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. (Ord. 25-95. Passed 9-6-95.
905.07 PROJECT COST; VILLAGE ASSESSMENT.
(a) If an owner fails to proceed with the repair or replacement of any public 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 the cost of such repair or replacement.
(c) If any owner fails to make payment of the amount invoiced for public sidewalk or walkway repair or replacement as provided for in this section 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. (Ord. 25-95. Passed 9-6-95.)
905.08 MAINTENANCE TO BE OWNER'S RESPONSIBILITY.
The responsibility for maintaining a public sidewalk or walkway safe for public use rests with the owner or agent having charge of the lands directly adjacent to the public sidewalk or walkway. The Municipality assumes none of this responsibility by accepting participation in public sidewalk or walkway repair or replacement or by agreement to participate in sidewalk or walkway repair or replacement. (Ord. 25-95. Passed 9-6-95.)
905.09 COMPLIANCE ; NON-CONCRETE
All public sidewalks constructed or replaced in the Municipality after the adoption of this Ordinance shall be constructed or replaced to comply with the Village’s ”Construction and Materials Specifications,” as adopted and/or amended by Council Resolution.
Construction or replacement of public sidewalks, designed and built in accordance with the Village’s “Construction and Materials Specifications,” with materials other than Portland cement concrete, may be approved by the Manager for low volume neighborhood residential uses. The cost for installation and maintenance of non-concrete public sidewalks, including areas in close proximity to “street trees”, shall be 100% the responsibility of the adjacent property owner.
905.10 SIDEWALK PLACEMENT; TREE PROTECTION.
All sidewalks constructed or replaced shall be parallel to the center line of the street and shall slope toward the curb with a slope of one-fourth inch in twelve inches and shall not be less than the same width as the existing sidewalk directly adjacent. If trees exist within the proposed line of sidewalk construction or replacement, adequate provisions, as determined by the Manager, shall be made to minimize damage to the trees.
905.11 BUSINESS DISTRICT EXCEPTED.
Sections 905.02 through 905.07 shall not apply to sidewalks in the Central Business District of the Municipality. The design and construction or replacement of sidewalks in the Central Business District shall be according to plans approved by the Manager or his designatee. The sidewalks in the Central Business District are, for the purposes of this chapter:
(a) The sidewalk on the south side of East Broadway from the west curb line of Library Court to the east curb line of South Main Street;
(b) The sidewalk on the north side of East Broadway from a point 212 feet east of the east curb line of North Prospect Street to the east curb line of the first alley east of North Main Street;
(c) The sidewalk on the west side of North Prospect Street from the north curb line of East Broadway to a point 100 feet south of the south curb line of East College Street; and
(d) The sidewalk on the east side of North Prospect Street from the north curb line of East Broadway to the south curb line of East College Street.
905.12 WHO MAY SERVE AND RECEIVE RETURN OF NOTICE.
The Manager or the Service Director may serve or receive any of the notices provided for in this chapter.
Any person willfully violating any provision of this chapter shall be fined not more than one hundred dollars ($100.00) for each offense. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy the violations or defects within reasonable time and, when not otherwise specified, each ten days that the prohibited conditions are maintained shall constitute a separate offense.
Section III: This ordinance shall become effective upon the earliest date allowed by the laws of the State of Ohio and the Charter of the Village of Granville.
Passed this 20th day of November, 2013.