[R.O. 2016 § 515.320; CC 1994 § 16.405]
The Council may prohibit and prevent
all encroachments into and upon the sidewalks, streets, avenues, alleys
and other public places of the City, and may provide for the removal
of all obstructions from the sidewalks, curbstones, gutters and crosswalks
at the expense of the owners or occupants of the ground fronting thereon,
or at the expense of the person causing the same; the Council may
also regulate the planting of shade trees, erecting of awnings, hitching
posts, lamp posts, awning posts, telephone, telegraph and electric
light poles, and the making of excavations through and under the sidewalks
or in any public street, avenue, alley or other public place within
the City. The Council may prevent and punish for all horse racing
or other racing, fast driving or training in the streets, highways,
avenues, alleys, or over bridges or through tunnels in the City, and
all games, practices or amusements therein likely to result in damage
to any person or property, and to regulate, prevent and punish for
the riding, driving, leading, standing, hitching or passing of horses,
mules, oxen or other teams or stock or animals or any vehicle over
or upon or across or along any sidewalk, street, avenue or alley of
the City. Other provisions governing skating or bicycle riding on
sidewalks, operating heavy equipment on curbings, and sports in streets
can be found in Titles I and II of this Code.
[R.O. 2016 § 515.330; CC 1994 § 16.410]
A. The word, "owner" as used in this Section
shall be construed to mean every person having an interest in real
estate, other than a security interest, either individually, as a
joint tenant, tenants by the entirety, or as a tenant in common.
B. Every owner of real estate within the City
limits shall maintain the sidewalks lying along and adjacent to his/her
said property in a reasonably safe and serviceable condition, free
from holes, cracks, depressions, indentations, and rough or broken
surfaces.
C. When any sidewalk within the City limits
is found to be maintained in violation of this Section, the Chief
of Police or such other City Official designated by the City Administrator,
shall give the owner or owners of the property along and adjacent
to such sidewalk, no less than ten (10) days notice that a hearing
before said officer will be held to determine if such sidewalk constitutes
a nuisance and is being maintained in violation of this Section and
to show cause why such sidewalk should not be repaired.
D. If the Chief of Police or other designated
City Official finds at said hearing that such sidewalk is being maintained
in violation of this Section, he/she shall declare such sidewalk to
be a nuisance and shall deliver a written order to the owner to abate
same within ten (10) days by setting forth the repairs to be made.
Said order may be served on owner by delivering a copy personally
to the owner or by depositing same in the United States mail addressed
to the owner at the address shown on the City tax records or by publication
in a newspaper distributed within the City. The Hearing Officer shall,
at the same time, order the sidewalk maintained in violation of this
Section closed to the public until repairs are made and notify the
public of such closing by signs on the sidewalk premises.
E. Any owner who, after being served with
a notice to repair, fails to make the repairs ordered by the Hearing
Officer within the time specified, shall be guilty of an ordinance
violation and upon conviction thereof, shall be fined no less than
five dollars ($5.00) and no more than one hundred dollars ($100.00)
for each offense.
F. Should any owner fail to make the repairs
called for by the notice in the time specified, the Chief of Police,
or other City Official designated by the City Administrator, shall
have the repairs made by an independent contractor or by City employees
and shall certify the cost of such repairs to the City Clerk, who
shall then cause a special tax bill to be issued against the property
laying along and adjacent to such sidewalk. Said special tax bill
shall then be delivered to the City Collector on or before the first
day of June and shall be collected with other taxes against said property.
Said tax bill, if not paid when due, shall bear interest at the rate
of eight percent (8%) per annum. Said tax bill shall be a first lien
on said property from the date of issuance.
G. Should any person suffer injury or death
by reason of a sidewalk being maintained in violation of this Section
after a notice to repair has been issued, then the owner of the land
laying along and adjacent to said sidewalk shall be liable to the
City for any damages or costs adjudged against the City by reason
of such injury or death.
[R.O. 2016 § 515.340; CC 1994 § 16.420]
All awnings erected in the City shall
be required to extend entirely over the sidewalk on which they are
constructed; provided, movable awnings may be erected over doors,
or windows, but they shall be at least seven (7) feet from the sidewalk
at the lowest point.