§ 53.01. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Arterial or collector streets." Those streets that have been designated as arterial or collector streets by the Street Classification Committee of the City of Akron as set forth in the Official Street Classification of the City of Akron.

"Asphalt pavement." A structure designed and constructed or reconstructed from a flexible asphaltic cement, to a specific load requirement, including adequate base, at a specific grade.

"Brick pavement." A structure designed and constructed of a standard paving brick surface on a prepared base to an established grade.

"Brick pavement/full depth." Installation of standard paving bricks on a prepared base to an established grade.

"Brick pavement/relaid." Within the existing brick pavement, the installation of standard paving bricks on the existing base.

"Charitable use property." Property held by an organization that:

1.

Is determined by the Internal Revenue Service to be a tax exempt organization pursuant to Section 501(C)(3) or 501(C)(13) of the Internal Revenue Code;

2.

Is or holds itself out to be established for any benevolent, philanthropic, patriotic, humane, scientific, public health, environmental conservation, civic or other eleemosynary purpose or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation.

"Charitable use property." Is not limited to only those property-owning organizations to which contribution are tax deductible under Section 170 of the Internal Revenue Code.

"Charitable use property" does not include a property-owning employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions but who incidentally solicits contributions for a charitable organization or purpose; or a compensated employee of an employer not engaged in the business of soliciting contributions or conducting charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions at the direction of his employer.

"City assessor." A city employee in the Department of Finance who shall have the duties and responsibilities as set forth in this chapter as well as other duties and responsibilities assigned by Council or the Director of Finance and who shall be a Deputy Clerk of Council.

"Concrete pavement." A structure designed and constructed from rigid portland cement, to a specific load requirement to a specific grade.

"Concrete pavement repair." Restoration of concrete pavement to its original grade and surface condition by replacement of defective sections, grinding or other means.

"Corner lot." A lot or parcel of land that bounds and abuts on two different, intersecting streets; "long side of a corner lot" means that side of the corner lot bounding and abutting on a street that is greater in length than the other side of the lot bounding and abutting on the other street; and "short side of a corner lot" means that side of the corner lot bounding and abutting on a street that is shorter in length than the other side of the lot bounding and abutting on the other street; provided that where a corner lot is attached to a contiguous, buildable lot and both lots are owned by the same property owner, that contiguous, buildable lot shall not be considered for determining which side is the short side.

"Curb." A concrete curb, including all necessary and incidental appurtenances thereto, which may, but need not, be integrated with the pavement. This term includes gutters.

"Driveway approach." A concrete or brick driveway approach, as further defined in § 98.70, with an adequate base, and includes all necessary and incidental appurtenances thereto.

"Federally-funded street improvements." Improvements to streets (not including limited access highways or bridges) that are partially funded by federal transportation funds.

"Improved." Streets constructed of asphalt, concrete or brick pavement with engineered curbs and drainage.

"Local share." The share of a street improvement project's cost that is funded from sources other than federal transportation funds and Ohio Department of Transportation funds.

"L-shaped lot." A lot where the street turns at an approximate ninety degree angle but does not change street names. "Long side of a L-shaped lot" means the side of the ninety degree angle that is greater in length than the other side of the ninety degree angle.

"Micro-paving." Shall be either hot in place recycling (HIR) covered by a surface course or surface course removal and replacement with a surface course or an overlay of the existing pavement with a surface course.

"Other use property." All property that is not residential use property or charitable use property.

"Partial depth pavement replacement." An asphaltic concrete pavement with the following minimum additions: partial base replacement. The term includes all necessary and incidental appurtenances thereto.

"Pavement." A structure designed and constructed from a building material, to a specific load requirement, at a specific grade.

"Petition." A petition requesting an improvement that is signed by the owners of more than fifty percent of the property to be assessed for that improvement and is filed with the Clerk of Council.

"Residential streets." Those streets that have been designated as residential streets by the Street Classification Committee of the City of Akron and as set forth in the Official Street Classification of the City of Akron.

"Residential use property." Property that is principally developed with residential structures, including but not limited to single-family homes, two-family homes, condominiums and vacant land that is residentially zoned. "Residential use property" does not include apartments.

"Resurfacing." The application of asphaltic concrete and related work as needed to the street surface to correct rutting, depression, surface failures, minor crown deficiencies and settlements. The term includes all necessary and incidental appurtenances thereto.

"Retaining wall." A wall built to hold back earth, usually abutting the street right-of-way.

"Roof drain pipe." An enclosed conduit to convey roof drainage from the property line to the curb, including all necessary and incidental appurtenances thereto.

"Sanitary sewer." An enclosed conduit to convey sanitary sewage from sanitary sewer house laterals to a given point of discharge, including all necessary and incidental appurtenances thereto. This term does not include sanitary sewer house laterals.

"Sanitary sewer house lateral." An enclosed conduit to convey sanitary sewage to a sanitary sewer, including all necessary and incidental appurtenances thereto.

"Sidewalk." A concrete or brick walk with an adequate base, including all necessary and incidental appurtenances thereto.

"Special assessment period." The calendar period as indicated in § 53.04 herein, in which a petition is filed requesting the improvement of a street or streets or, if no petition is filed, the calendar period in which the resolution of necessity relating to that improvement is adopted and is used to determine the rate of the special assessments applicable to the improvement.

"Special item."

1.

Any improvement necessitated by damage caused by an improvement described in this chapter, which special item is being constructed upon agreement with the owner of the benefited property, or by potential and impending injury to those using the public right-of-way; or

2.

Any other improvement that is permitted under R.C. Chapter 727 or this chapter, including but not limited to special sidewalks, steps, ramps and special driveway approaches, as determined by Council. The term includes all necessary and incidental appurtenances thereto.

"Storm sewer." An enclosed conduit with other structures to collect surface water to convey storm water from its point of origin to a given point of discharge, including all necessary and incidental appurtenances thereto.

"Storm sewer lateral." An enclosed conduit to convey storm water from a private storm sewer lateral to a storm sewer.

"Street." A public way including alleys, avenues, boulevards, circles, courts, drives, lanes, parkways, paths, places, roads, streets, terraces, walks, ways, thoroughfares, expressways, freeways and other public rights of way, including, but not limited to, public utility easements. The term includes all necessary and incidental appurtenances thereto.

"Street cleaning services." Services including cleaning, sprinkling, sweeping, removing snow, ice, leaves, dead animals and other debris, and other services performed in maintaining the streets and public property in a safe and sanitary condition.

"Surface course." Asphaltic concrete.

"Treatment areas." Those areas of the city designated in the Community Development Program and Plan for the city.

"Underground service reconnection." The wire, cable, etc. and appurtenances required to reconnect the private utility service to the property, when overhead utilities are relocated underground.

"Unimproved." Streets without engineered curb and/or drainage.

"Water main." An enclosed conduit to convey water to a water service connection and includes water lines. The term includes all necessary and incidental appurtenances thereto.

"Water service connection." An enclosed one inch conduit to convey water from a water main. The term includes all necessary and incidental appurtenances thereto. For larger conduit and all necessary and incidental appurtenances thereto, refer to the Akron water works rules and regulations.

(Ord. 10-2005: Ord. 919-1997; Ord. 165-1997; Ord. 408-1995; Ord. 263-1993; Ord. 83-1990; Ord. 226-1989; Ord. 122-1988; Ord. 109-1986)