§ 98.011. Repair, maintenance or clearing of sidewalks.

A.

Notice to Repair and/or Maintain.

1.

Whenever the Director of Neighborhood Assistance, the Director of Health or their designees become aware of a sidewalk that is not in repair and free from nuisance as required in §98.01(A)(1), (4) or (5) of this code, he or she shall give, or cause to be given, written notice of such violation to the property owner and order the property owner to repair, maintain and/or clear the sidewalk or other property.

2.

If the owner is not in possession of the property, written notice of such violation and an order for compliance may be given to the lessee, occupant or person in control of the property.

3.

Such written notice and order shall:

a.

Include a list of violations and order remedial action which will effect compliance with the provisions of §98.01(A)(1), (4) or (5) of this code;

b.

Specify a reasonable time within which to comply; and

c.

Be served on the owner, lessee, occupant or person in control of the property. Such notice and order shall be deemed to be properly served on such owner, lessee, occupant or person in control of the property if a copy thereof is sent by personal service to both an occupant of the property and the owner of the property, or if personal service is not accomplished, then by posting in a conspicuous location at the property affected and mailing, by regular mail, to the address of the affected property if there is a dwelling thereon and to the property owner at the location to which the Auditor mails the tax bill for the property affected.

B.

Appeal from Notice to Remove and/or Maintain.

1.

The owner receiving a notice and order to repair, maintain and/or clear a sidewalk shall have seven days after personal service, mailing or posting, whichever occurs first, to appeal. The appeal must be in writing, specifically state objections and be filed with the Director of Neighborhood Assistance or his or her designee.

2.

The Director of Neighborhood Assistance or his or her designee shall conduct a hearing on the appeal within a reasonable period of time. The decision of the Director of Neighborhood Assistance or his or her designee on the appeal will be final.

C.

Removal of Condition by City.

1.

If an owner receiving a notice and order to repair, maintain and/or clear a sidewalk fails to repair, maintain and/or clear the sidewalk or other property within the time specified on the notice and order, the Director of Neighborhood Assistance or his or her designee shall repair, maintain and/or clear or cause to be repaired, maintained and/or cleared the sidewalk or other property and may employ the necessary labor to perform such work or cause it to be done by the appropriate City division or an outside contractor.

2.

All expenses incurred in the repair, maintenance and/or clearing of a sidewalk or other property, together with an administrative charge of two hundred dollars for each notice processed, shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner of the property. For a third or subsequent notice processed during a calendar year for the maintenance of sidewalks or other property as described in this chapter, removal of litter under Chapter 95, and/or abating a nuisance under Chapter 94, a fine of two hundred fifty dollars shall be charged to the owner in addition to the expenses and administrative charge described above. If, after thirty days, such amount remains unpaid, the Director of Finance shall certify the total amount, the name of the owner of the property and a sufficient description of the property to the Auditor of Summit County to be entered upon the tax duplicate as a lien on the property from the date of entry to be collected as other taxes and assessments and returned to the City pursuant to R.C. §731.54. This remedy shall be in addition to the penalties provided in §98.99 of this chapter.

D.

Right of Entry. No person shall refuse to allow access to any premises for the purpose of repairing, maintaining and/or clearing a sidewalk or other property, nor shall any person interfere with the repair, maintenance and/or clearing of a sidewalk or other property.

(Ord. 222-2008 §3: Ord. 634-2004; Ord. 788-1994)

(Ord. 210-2012)