HomeMy WebLinkAbout1515 Regulating Sidewalk Repair - Repeals 165, 183, 239, 257/307
ORDINANCE NO. 1515
AN ORDINANCE REGULATING THE CONSTRUCTION, REPAIR, AND ALTERATION OF
SIDEWALKS, AND REPEALING ORDINANCE NOS. 165, 183, 239, 257, and 307.
The people of the city of Ashland do ordain as follows:
Section 1. Definitions. Unless the context requires otherwise, the
following mean:
(a) City. The city of Ashland.
(b) City Administrator. The city administrator or person authorized
by the city administrator.
(c) Person. A natural person, firm, corporation, or other legal entity.
(d) Sidewalk. The part of the street right-of-way between the curb lines
or the lateral lines of a roadway and the adjacent p,roperty lines that is
intended for the use of pedestrians.
Section 2. Duty to Repair and Clear Sidewalks. It is the duty of owners
of land adjoining any street to maintain in good repair and to remove
obstructions from the adjacent sidewalk.
Section 3. Standards and Specifications.
(1) Sidewalks shall be constructed of Portland cement concrete, shall be
not less than five feet in width, and shall be located one foot from the
property line extending toward the curb, unless otherwise approved by the
council.
(2) The city administrator shall establish supplemental standards and
specifications for sidewalk construction, repair or alteration to provide
durable and practical sidewalks at a suitable grade determined by the city
administrator to be in accordance with the system of city street grades.
(3) The city administrator shall report to the council changes in sidewalk
standards and specifications and shall keep a copy od file in the city offices
for the use of the public.
(4) Sidewalks shall be constructed, repaired, or altered in accordance,
with the standards and specifications established under this section.
Section 4. Permits.
(1) No person shall construct, repair, or alter a sidewalk without first
obtaining a permit from the city.
(2) An application for a permit shall be filed with the city administrator
on a form provided by the city, together with such other information as may
be required by the city. After determining that the proposed sidewalk construct-
ion, repair, or alteration conforms to the applicable standards and specifica-
tions, the city amninistrator shall issue a permit to the a~plicant. If the
city is requiring the repair of the sidewalk, the permit shall state the
date within which the work shall be completed.
Section 5. Supervision. The city administrator may. inspect any materials
or construction details as in his judgment may be required to insure compli=
ance with the permit and with the applicable standards and specifications.
Section 6. Required Sidewalk Repairs.
(1) When the council determines that a sidewalk needs repair, it shall,
by resolution, direct the city administrator to issue a notice.
(2) The notice shall require the owner of the property adjacent to the
defective sidewalk to obtain a permit and complete repair of the sidewalk
within 30 days after the date of service of the notice. The notice shall
also state that if the repair is not made by the owner, the city may repair
the sidewalk and the cost of the repair will be assessed against the property
adjacent to the sidewalk.
(3) The city administrator shall cause a certified copy of the notice
to be served personally upon the owner of the property adjacent to.the
defective sidewalk or the notice may be served by registered or certified
mail, return receipt requested. If after diligent search the owner is not
discovered, the city administrator shall cause a certified copy of the
notice to be posted in a conspicuous place on the property and such post~
of notice shall have the same effect as service of notice by registered or
certified mail or by personal service upon the owner of the property.
(4) The person serving the notice shall file with the city recorder an
affidavit stating the time, place and manner of service of notice.
Section 7. City May Make Repairs. If repair of the sidewalk is not
completed within 30 days after the service of notice to repair, the city
administrator shall repair or complete the repair of the sidewalk. Upon
completion of the repair of the sidewalk, the city administrator shall submit
a report to the council. The report shall contain an itemized statement of
the cost of the repair and the proportionate share of the cost on each lot
or parcel of land adjacent to the sidewalk upon which the repair has been
made.
.
Section 8. Assessment for Repairs by City. Upon receipt of the report,
the council shall, by ordinance, assess the cost of repairing the sidewalk
against the property adjacent to the repaired sidewalk. The assessments
shall be collected in the same manner as is provided for the collection of
other improvement assessments. If a sidewalk repair assessment is not paid
within ten days after notice of such assessment is given, ten per cent of the
amount of the assessment shall be added to the assessment as a penalty.
Section 9. Penalties. Any person violating any of the provisions of this
ordinance shall, upon conviction thereof, be punished by a fine not to exceed
$200,00, or by imprisonment for a period not to exceed 30 days, or by
both.
Section 10,. Repeal. Ordinance No. 165, enacted Jy:ly 6, 1895, Ordinance
No. 183, enacted June 27, 1898, Ordinance No. 239, enacted October 19, 1904,
Ordinance No. 257, enacted November 9, 1905, and Ordinance No. 307, enacted
March 7, 1907, are repealed.
The foregoing ordinance was duly passed at a regular meeting of the Common
Council held on the c; q day o~ ~/...d, 1967, the vote being as follows:
Ayes -5' Nays (/ ~
Approved:
ff.< 1t~t/
MaYor '
To all of which I hereby certify:
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Recorder