[R.O. 1992 § 505.480; R.O. of 1942 § 484; CC 1970 § 23-49]
The work of building, construction, reconstruction, removing and repairing any sidewalk constructed under the provisions of this Article, shall include all of the labor and material necessary to fully complete the same. The entire improvement made under any contract duly entered into shall be done in a thorough and workmanlike manner and to the entire satisfaction of the City Engineer, and when done shall be complete in every respect.
[R.O. 1992 § 505.490; R.O. of 1942 § 485; CC 1970 § 23-50]
The City Council may by ordinance regulate the building, construction, reconstruction or repair of sidewalks, and may adopt plans and specifications for sidewalks and parkways, which parkways shall include all of the space between the curbstone and the building line or property line, or any space in the center of a street which may be set aside as a parkway, and prescribe and require certain materials to be used, and the manner and form of doing the work, including the kind of shade trees to be planted and the manner of their care and preservation.
[R.O. 1992 § 505.500; R.O. of 1942 § 486; CC 1970 § 23-51]
The City Council may by ordinance condemn any sidewalk which they may deem to be in a dangerous or defective condition or out of repair, or any sidewalk which is not located upon the established grade and line for sidewalks on the street on which it is located, or any sidewalk which is not located upon the established grade and line for sidewalks on the street on which it is located, or any sidewalk which does not conform to the specifications and requirements for sidewalks in the City, and provide for the removal of any sidewalk so condemned.
[R.O. 1992 § 505.510; R.O. of 1942 § 487; CC 1970 § 23-52]
The City Council may by ordinance provide that the owner of any lot or tract shall build and construct, or rebuild or reconstruct, or repair a sidewalk lying along and adjacent to his/her property, and may require the owner to grade, fill or park that portion of the street lying between the property line and the street curbline, and to build approaches, and may provide for the serving of notices to do the work by delivering a written order to the property owners or their representatives, or by publication, and may provide by ordinance that any person who shall, after having been notified as above, fail, neglect or refuse to comply with the order, shall be guilty of an offense.
[R.O. 1992 § 505.520; R.O. of 1942 § 488; Ord. No. 4461 § 1, 9-16-1974; Ord. No. 7230, 6-15-1992; Ord. No. 01-9013 § 2, 6-4-2001]
The City Council may by ordinance provide for the building of any sidewalk or for the rebuilding and reconstruction of the same, including grading and filling therefor, and including the removal of any obstructions, and including approaches at corner lots, and including the grading or parking of that portion of the street lying between the property line and the street curbline, by contract, and levy a special assessment against each lot or tract along which such work is done, for the cost thereof; provided, that no such contract shall be let until the plans and specifications for said work have been adopted by ordinance. No contract shall be let until an advertisement for bids for the doing of such work has been published in at least one (1) issue of a weekly newspaper or at least two (2) consecutive issues of a daily newspaper published in the City, and the date for the opening of the bids shall be at least ten (10) days after the date of the first publication of the advertisement for bids; and provided, further, that before the bids are opened, the City Engineer shall prepare and file an estimate showing the estimated quantities of grading, filling and for the various materials required for the sidewalk in front of each separate lot, tract or parcel of ground, an estimate of the cost of the work per cubic yard or per square yard, as the case may be, an estimate of the cost of the removal of any obstruction; and no contract shall be let for a price in excess of the estimates of the cost. After the bids are opened by the City Clerk, the City Council shall let the contract for the work to the lowest and best responsible bidder, and in case there are no bids or that all bids are rejected for any reason, the City Council may readvertise for bids for the work, or may by ordinance order and require the City Engineer to build and construct the sidewalk or to do the other work as herein contemplated, according to the specifications adopted therefor; provided, that the cost of the work shall not exceed the estimate of the City Engineer previously filed, keeping an accurate account of the cost of the separate items thereof, and the City Council shall pay for the labor and material and all other cost of the work out of any funds which they may have on hand available for such purpose. At the completion of the work, either by contract or by the City, at last provided, the City Council shall levy the cost thereof as a special assessment against the lot, tract or parcel of ground along which each of the sidewalks or other improvements are made in the manner as hereinafter provided. All bids in this Article shall be accompanied by a certified check or cashier's check, made payable to the order of the City, equal in amount to five percent (5%) of the amount bid for such work as a guarantee that the bidder, if awarded the contract, will enter into a written contract to perform the improvement; provided, that no such check shall be in an amount less than ten dollars ($10.00).
[R.O. 1992 § 505.530; R.O. of 1942 § 489; CC 1970 § 23-54]
The City Council may by ordinance provide for the repairing or reconstruction of any sidewalk by the City Engineer or other proper person designated in the ordinance paying the cost thereof as provided Section 505.430 hereof, and may assess and levy the cost thereof as a special assessment, as in the preceding Sections provided.
[R.O. 1992 § 505.535; Ord. No. 8031 §§ 1—2, 11-4-1996; Ord. No. 07-10239 §§ 1—2, 4-16-2007]
A. 
It is hereby ordered and directed that the cost of repair or replacement of hazardous concrete sidewalks, curb and gutters and driveway approaches which are identified by the City in need of repair or replacement be paid for out of general revenue or other funds of the City available for said purpose.
B. 
The City Engineer is hereby directed to prepare plans and specifications and identify these sidewalks, curb and gutters and driveway approaches which need to be repaired to include all necessary resolutions, advertisements, etc.
[R.O. 1992 § 505.550; R.O. of 1942 § 492; CC 1970 § 23-56]
The term "approaches" or "sidewalk approaches" as used in this Article shall be understood to mean the extension of sidewalks at corner lots from the property line each way to the street curbline, and being in fact the connection across the parkway or intervening space between the corner of the property and the crossing in the street.
[R.O. 1992 § 505.560; R.O. of 1942 § 492; CC 1970 § 23-57]
Upon all questions concerning the execution of the work done, in accordance with the specifications and the measurements thereof, the decision of the City Engineer shall be final. The City Engineer shall have power to discharge careless and incompetent workmen.
[R.O. 1992 § 505.570; R.O. of 1942 § 493; CC 1970 § 23-58]
The cost of any of the work or improvements contemplated in this Article that are made and done either by contract or by the City Engineer, or other proper person acting for the City, shall be levied as a special assessment against the lot, parcel or tract of ground along and in front of which the improvement is made, and the cost of the approaches, defined in Section 505.460, shall be levied as a special assessment against the corner lots which the approaches abut and connect with. The assessment shall be levied by ordinance, in which ordinance shall be set out separately the number and title of the ordinance under authority of which the work will be done, a separate description of each lot, tract or parcel of ground assessed, the name of the owner thereof, the number of front feet therein abutting on the improvement, the separate items of cost of the improvements, and the total amount thereof. The assessment ordinance shall further provide for the making out of tax bills by the City Clerk in evidence of the assessments, payable to the contractor doing the work. For the delivery of the tax bills in payment for the work or if the work was done by the City Engineer or other person acting for the City, as provided in the preceding Sections hereof, the tax bills shall be made payable to such Engineer or other person and for and to the use of the City, and shall be collected the same as other tax bills.
[R.O. 1992 § 505.580; R.O. of 1942 § 494; CC 1970 § 23-59; Ord. No. 7230, 6-15-1992]
A separate tax bill shall be issued against each lot or tract against which an assessment has been made, and shall state therein the name of the owner of record of the lot or tract assessed, an adequate description of the lot or tract, the number of front feet therein abutting on the improvement, the number of the improvement ordinance under which the work was done, the number of the assessment ordinance under which the tax bills are issued, the different items of improvement and total cost thereof; and shall be payable to the contractor doing the work, or the City Engineer or other person to and for the City, as the case may be. The tax bills shall be due in thirty (30) days after the date of issue thereof and shall bear interest after the thirty (30) days at a rate not to exceed eight percent (8%) per annum.
[R.O. 1992 § 505.590; R.O. of 1942 § 495; CC 1970 § 23-60]
When any sidewalk has been constructed by the City Engineer or other person authorized and directed by the City Council, and when tax bills have been made out by the City Clerk in payment therefor, the City Clerk shall enter an abstract of the same in his/her record book of special taxes, in the same manner as other tax bills are abstracted and recorded, and he/she shall then turn over such tax bills to the City Collector, charging him/her therewith and taking his/her receipt therefor, duly endorsed on the record where such tax bills are recorded, and the City Collector shall immediately proceed to collect or sell the same.
[R.O. 1992 § 505.600; R.O. of 1942 § 496; CC 1970 § 23-61]
Any real estate owned by the City or school district shall be liable for the cost of any of the improvements contemplated and provided for in this Article the same as other property, and an assessment shall be made thereon and tax bills issued in the same manner as tax bills against other property. Such tax bills shall be a valid and subsisting claim against such City or school district the same as any other debt or demand against such City or school district, and shall be paid for out of funds appropriated by them for such purposes, and shall bear interest at the rate of eight percent (8%) annum from thirty (30) days after the date of issue until paid.
[R.O. 1992 § 505.610; R.O. of 1942 § 497; CC 1970 § 23-62]
Special tax bills issued under the provisions of this Article shall, in action thereon, be prima facie evidence of the regularity of the proceedings for such special assessment, of the validity of the bill for the doing of the work, and of the furnishing of the material charged for, and of the liability of the property to the charge stated in the bill.
[R.O. 1992 § 505.620; R.O. of 1942 § 498; CC 1970 § 23-63]
All of the tax bills shall be certified as correct by the City Engineer who shall make the computation under authority of the City Council, and shall be signed by the Mayor, attested by the City Clerk under the Seal of the City.
[R.O. 1992 § 505.630; R.O. of 1942 § 499; CC 1970 § 23-64]
All tax bills shall be recorded by the City Clerk in a book kept by him/her for such purpose before the delivery of the tax bills. The City Clerk shall release the tax bills on the margin of the record thereof upon presentation of the tax bills duly marked "Paid" by the holder or assignee, or upon presentation of other suitable evidence that such tax bills have been paid in full.
[R.O. 1992 § 505.640; R.O. of 1942 § 500; CC 1970 § 23-65]
In any suit or proceeding to enforce the collection of any special tax bill issued under the provisions of this Article it shall only be necessary for the owner thereof to charge in the petition that such amount is due by the defendant to the plaintiff for a certain improvement made by virtue of certain ordinances, giving their title and date of adoption; provided, that nothing in this Article shall be construed as to prevent any defendant from pleading and proving in reduction of any bill any mistake or error in the amount thereof, or that the work therein mentioned was not done in a good and workmanlike manner; and provided further, that if any person shall plead any mistake or error in the amount of the bill, or that the work was not done in a workmanlike manner, and that such party, before the commencement of the suit tendered to the contractor or holder of the bill the full value of the work done, and shall establish the same on trial, the recovery shall only be in the amount so tendered, and judgment for costs shall be rendered against the plaintiff; provided, further, that if it be pleaded and proved that work for which the bill was issued was not done according to the terms of the contract made by the contractor with the City then the plaintiff shall recover thereon only the actual value of the work done with interest at six percent (6%) from the date, if of any value, and if not of any value the judgment shall be for the defendant. No suit for the collection of any tax bill shall be defeated or affected by any irregularity affecting any other bill or matter rendering any other bill invalid in whole or in part; provided, further, that if at any time it is found that there has been any error in the issuance of any tax bills or in any assessment, or in the mode or manner of any assessment, the same shall be corrected and a reassessment made, if necessary to correct mistake, by the proper officials and the reassessment shall be as binding in all respects the same as if no previous assessment had been made or tax bills issued.
[R.O. 1992 § 505.650; R.O. of 1942 § 501; CC 1970 § 23-66]
All sidewalks constructed in the City shall be done according to plans and specifications furnished by the City Engineer, and shall be compliant with the current Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[R.O. 1992 § 505.660; R.O. of 1942 § 502; CC 1970 § 23-67; Ord. No. 7230, 6-15-1992]
All real property shall be liable for the cost of the improvement contemplated in this Article, whether owned by a person, a company, a corporation, a railroad corporation or company, a church, a charitable institution, educational institution, eleemosynary institution, cemetery or cemetery association or any other institution or association whatever, except real estate owned by the City or school district, and the tax bills so issued on all property, except those last named and excepted, shall be and constitute a first and prior lien against the property described therein, and second, only to the lien of State, County and City taxes, and such lien shall continue for a period of three (3) years after the maturity of each or any of said tax bills, or until the final determination of any legal proceedings to collect the same.
[R.O. 1992 § 505.670; R.O. of 1942 § 503; CC 1970 § 23-68]
All material will be carefully inspected after it is brought on the line of work, and all materials which in quality and dimension does not conform to the specifications shall be rejected and such rejected material shall be immediately removed from the line of work. If at any time during the progress of the work any rejected or inferior material should be found in a sidewalk being built under contract, or any portion of the work found improperly done, such material and work shall be removed and replaced by proper material and work at the expense of the person doing the work. Notice of an imperfection of work or inferiority of material to any foreman or agent in charge of any portion of the work, in the absence of the contractor, shall be considered notice to the contractor. The contractor shall be required to remove, at his/her own expense, all obstructions such as trees, stones, etc. The contractor shall remove all material and debris from the street as soon and as fast as completed. The contractor shall maintain red lights at nighttime at all holes or other dangerous places on the street, and shall keep all dangerous places adjacent to the work and on the streets at all times barricaded and protected.
[R.O. 1992 § 505.680; R.O. of 1942 § 504; CC 1970 § 23-69]
The location and width of sidewalks shall be fixed from time to time by ordinance, and each ordinance provided for the construction of a sidewalk shall specify the material to be used, and any person who shall lay or attempt to lay any sidewalk of different dimensions or material from that provided for and authorized by an ordinance providing for the construction or reconstruction of any sidewalk shall be deemed guilty of an ordinance violation.
[R.O. 1992 § 505.690; R.O. of 1942 § 505; CC 1970 § 23-70]
It shall be the duty of an owner of any lot or tract of land within the City to build and construct, rebuild, reconstruct or repair a sidewalk lying along and adjacent to his/her property, after the passage of an ordinance requiring the construction, rebuilding, reconstruction or repair of sidewalks along a street and over a particular part thereof, including the lot or tract of any such owner.
[R.O. 1992 § 505.700; R.O. of 1942 § 506; CC 1970 § 23-71]
It shall be the duty of an owner of any lot or tract of land within the City to grade, fill or park that portion of the street lying between the property line and the street curbline, and to build the necessary approaches thereto after the passage and approval of an ordinance requiring such work and improvement along a street and over a particular part thereof, including the lot or tract of any such owner. All portions of the right-of-way shall not exceed the grade of the adjacent street.