Explanation
The purpose of this legislation is to repeal the current verbiage contained within Chapter 905 of Columbus City Code, Sidewalk and Driveway Construction and Repair, and replace it with revised verbiage that addresses various inadequacies within the existing code while also providing greater flexibility for its enforcement in the future. These inadequacies include the current code's failure to specify enforcement authority, or a means of providing an appeals process for those cited by the City for violation of this code. Current code also fails to provide the Public Service Director with the ability to make necessary sidewalk and driveway repairs where a property owner is unable or unwilling to do so.
Violation of Chapter 905 currently requires punitive action against the adjacent property owner as the City's only means of resolving non-compliance. The revised code language provides the Public Service Director, as an option to punitive action, with the authority to make all necessary repairs, after due notice, and assess the adjoining property owner for said repairs as a part of their annual property taxes; this action is permitted persuant to Columbus City Charter. The proposed language for Chapter 905 also specifies code violation criteria and the manner by which the City shall notify the adjacent property owner of said violations.
Title
To enact a new Chapter 905 of Columbus City Code relative to sidewalk and driveway construction and repair and to repeal the existing Columbus City Code Chapter 905 in its entirety.
Body
WHEREAS, Chapter 905 of Columbus City Code, Sidewalk and Driveway Construction and Repair, serves to protect the health, safety, and welfare of all persons by way of preventing and/or abating hazardous sidewalk and driveway approach conditions within the public rights-of-way of the City of Columbus; and
WHEREAS, Chapter 905 establishes minimum standards relative to the maintenance and construction of sidewalks and driveway approaches within the public right-of-way; and
WHEREAS, Chapter 905 also specifies the manner by which the City of Columbus controls and abates hazardous sidewalk and driveway approach conditions within the public right-of-way; and
WHEREAS, it has been determined that various sections of existing Chapter 905 are in need of revision in order to adequately reflect the current needs of the City of Columbus; and
WHEREAS, proposed revisions to Chapter 905 are designed to enhance the City's ability to perform these purposes by way of extending the enforcement authority for this Code to the City's Directors of the Public Service and Development Departments; and
WHEREAS, the proposed revisions to Chapter 905 also provide specific documentation as to the notification and appeal procedures associated with this Code; and
WHEREAS, proposed revisions to Chapter 905 shall also provide specific documentation of the code's violation criteria, while also providing the Public Service Director with the authority necessary to initiate sidewalk repairs where abutting private property owners are unable or unwilling to do so; and
WHEREAS, the cost of such repairs shall be recuperated by the City of Columbus by way of property tax assessment in accordance with the City Charter, if the abutting property owner elects not to reimburse the City for those costs at the time of construction; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing Columbus City Code Chapter 905, Sidewalk and Driveway Construction and Repair, be and hereby is repealed in its entirety.
Section 2. That the following completely revised Chapter 905 be and hereby is adopted by this Columbus City Council:
Chapter 905 SIDEWALK AND DRIVEWAY CONSTRUCTION AND REPAIR
905.01 Purpose
The purpose of this code is to protect the health, safety and welfare of all persons by way of preventing and/or abating hazardous sidewalk and driveway approach conditions within the public rights-of-way of the City of Columbus by establishing minimum standards relative to:
A. The maintenance and construction of sidewalks and driveway approaches within the public right-of-way;
B. The control and abatement of hazardous sidewalks and driveway approaches within the public right-of-way;
905.02 Definitions
For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
A. "Authorized Agent" for the abutting property owner shall mean a contractor having an active valid Home Improvement Contractor's (H.I.C.) License on file with the Department of Trade and Development, Building Services Division;
B. "City" means the city of Columbus, Ohio;
C. "Director" shall mean the Director of the Public Service Department or their designee;
D. "Director of the Department of Development" shall by reference include the Development Director or their designee;
E. "Owner" means any of the following:
(1) The owner of record as shown on the current tax list of the County Auditor in which the property is located;
(2) The mortgage holder of record, if any, as shown in the mortgage records of the County Recorder in which the property is located;
(3) Any person who has a freehold or lesser estate in the premises;
(4) A mortgagee or vendee in possession. "In possession" means someone who evidences charge, care or control of the premises, and includes someone to whom the County Sheriff in which the property is located has issued a deed for the premises whether or not the deed has been recorded;
(5) Any person who has charge, care of control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee;
(6) Any person who holds himself or herself out to be in charge, care or control of the premises as evidenced by negotiating written or oral lease agreements relative to the premises, collecting rents for the premises, performing maintenance or repairs on the premises or authorizing others to perform maintenance or repairs on the premises.
F. "Person" means, without limitation, a natural person, his heirs, executors, administrators, or assigns, and also includes a corporation, partnership, an unincorporated society or association, or any other type of business or association, including respective successors or assigns, recognized now or in the future under the laws of the state or the city;
G. "Right-of-way" means the surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the city;
H. "Transportation Administrator" shall mean the Administrator of the Transportation Division of the Public Service Department or their designee.
905.03 Right to Enforce
The Director of the Public Service Department, the Director of the Department of Development, and their designees shall have the authority to enforce Columbus City Code Chapter 905. They are hereby directed and empowered to do so.
905.04 Adoption of Rules and Regulations
The Director may promulgate rules and regulations, as the Director deems appropriate from time to time, to carry out the express purposes and intent of this chapter. The Director shall promulgate proposed rules and regulations by filing the same with the City Clerk for publication in the city bulletin pursuant to Section 121.05 of Columbus City Code.
905.05 Supervision and Control by the Transportation Administrator
No person or business organization shall construct, reconstruct, repair, or level any sidewalk, curb, curb & gutter or driveway entrance in the public right-of-way, either by private or public agreement, until after having obtained a written sidewalk, curb replacement, or driveway entrance permit from the Transportation Administrator.
All work shall be performed in accordance with the current Construction and Material Specifications of Columbus (CMSC), the City's current Standard Construction Drawings, and to the satisfaction and approval of the Transportation administrator. Said CMSC and Standard Construction Drawings shall be available to all members of the public for purchase or viewing within the offices of the Transportation Administrator during normal business hours.
Construction of or on any sidewalk, curb, curb and gutter, or driveway entrance within the public right-of-way performed contrary to the provisions of this chapter, or the associated rules and regulations of the Director, shall constitute a violation of this code and may be ordered stopped and or removed by the transportation administrator. The transportation administrator may order replacement of a sidewalk, curb, curb and gutter, or driveway entrance subsequent to such ordered removal. Sidewalk, curb, curb and gutter, and or driveway entrance removal and replacement shall be completed pursuant to the provisions herein within thirty (30) days after receipt of such order.
905.06 Sidewalk and Driveway Entrance Maintenance and Repair
The abutting private property owner of record shall be responsible for the proper maintenance and repair of all sidewalks and driveway entrances within the abutting right-of-way for any improved or unimproved street, alley, or other public way within the city, which provides access around, in, or to said private property. For driveway entrances, this includes any curb, to the nearest tool joint, constructed as a part of, or to accommodate the driveway entrance. This shall include dropped curb, mountable curb, combination curb & gutter or other curb condition at the street entrance to the approach, as well as any flairs and radii of the driveway approach.
All sidewalks, walk paths, curb ramps, and driveway entrances shall be constructed, reconstructed, and or repaired through the use of Portland Cement Concrete except where existing sidewalk is composed of alternate materials that have been previously approved by the Transportation Administrator, as outlined within the City's Standard Construction Drawings or, as authorized by the Transportation Administrator. Where existing sidewalks are composed of alternate City approved materials, they shall be replaced in kind unless otherwise authorized by the Transportation Administrator.
In accordance with Sections 912.10 and 912.11 of Columbus City Code, neither trees, bushes, nor shrubs located within the public right-of-way may be damaged or removed, including limbs and roots, to accommodate sidewalk or driveway approach construction or repair without the prior approval of the Recreation and Parks Department in the form of a plant "Maintenance" or "Removal Permit".
905.07 Sidewalk Specifications--Grade
Sidewalks shall be constructed so as to conform with the specified locations, lines, grades, and widths on file for each roadway within the offices of the Transportation Administrator and shall generally slope toward the street centerline where practical. In no case shall these sidewalks be less than a minimum width of four (4) feet for all streets having a right-of-way width of twenty (20) or more feet, and shall be so located that the nearest edge of sidewalk to the back of the curb or edge of pavement along the street shall not be less than three (3) feet, unless otherwise approved by the transportation administrator. When a sidewalk is specified, or permitted, to be placed next to a curb in no case shall it be less than a minimum width of five (5) feet.
The line, grade, and cross-slope of sidewalks and walk paths shall comply with all requirements of the Americans with Disabilities Act of 1990, and all regulations and amendments promulgated thereto, and the City's Standard Construction Drawings. No depression or lowering of the level or grade of such sidewalks or walk paths shall be recognized or permitted for the purpose of making or constructing a driveway or entrance to private or public property or premises bounding or abutting on such street from the roadway thereof except as permitted by an approved driveway entrance.
All sidewalks and/or walk paths constructed, reconstructed, or repaired at an intersection shall include the construction of an Americans with Disabilities Act of 1990 compliant curb ramp in accordance with the current CMSC, the City's standard Construction drawings, and the rules and regulations associated with this Chapter.
905.08 Permits and Fees
Prior to requesting a driveway entrance permit for all new commercial or multi-family development driveway entrance(s), or a new single or two-family residential driveway on any roadway, the applicant shall submit site plans to the Transportation Administrator in accordance with Section 3342.03 of Columbus City Code.
The fee for permits to construct, reconstruct, or repair sidewalks or driveway entrances shall be established by the Director. Such fees shall include the cost to issue, perform necessary inspections and plan review as needed and required. Such fee shall be charged and collected by the transportation administrator and deposited with the city treasurer to the credit of the development services revenue fund.
All permits herein provided for shall become null and void ninety (90) days from the date of issuance, if not used, and any money paid therefore shall in no case be refunded. No permit shall be issued except to the owner of the abutting property or their authorized agent. The transportation administrator may refuse to issue any permit when design is not in compliance with the associated rules and regulations of the Public Service Department, the City's Standard Construction Drawings, and / or standard engineering profession principles and shall refuse any permit where the transportation administrator has not approved the plans for construction of the requested driveway entrance.
No single driveway entrance shall exceed thirty-five (35) feet in width at the curb line or edge of pavement without the consent of the Transportation Administrator. Only where traffic conditions, type of vehicle and/or volume of traffic using the proposed driveway entrance warrant, may this maximum width may be exceeded, with the Transportation Administrator's consent. Where such driveway entrance is built, it must be built as a street intersection in accordance with current standard drawings and CMSC on file in the Transportation Administrator's office. Upon proper application and payment of the required fee by the owner of the premises, or the owner's authorized agent, and approval by the Transportation Administrator, a driveway entrance permit in excess of thirty-five (35) feet may be issued.
All new driveway entrances shall be constructed so as to maintain a minimum of six (6) foot of clearance from existing water fire hydrants.
905.10 Maintaining Pedestrian Access
Where public sidewalks or walk paths exist within the City of Columbus, they may not be eliminated, nor removed for any purpose other than their legal replacement, without the express written consent of the Transportation Administrator.
It is also the intent and purpose of this Chapter that pedestrian access be maintained at all times possible during sidewalk, walk path, and driveway approach maintenance and repair operations. Pedestrian access and the re-routing of pedestrian traffic where access can not be maintained during maintenance and repair operations shall be performed in accordance with the Public Service Department's Rules and Regulations relating thereto.
905.11 Code Maintenance Violation Criteria
No abutting property owner shall allow the condition of the sidewalk, walk path, and/or driveway approach within the public right-of-way to deteriorate beyond the criteria herein established. Criteria for ordering the replacement or repair of sidewalks, walk paths, or driveway approaches shall be any or all of the conditions described as follows:
· Offset of one half inch or greater
· Crack which has a gap of greater than one half inch
· An area where there exists a difference in elevation of material of one half inch or greater
· Excessive deterioration, spalling or exposed gravel of one half inch or greater in depth
· Excessive slope caused by a shifting of the sidewalk or driveway approach.
Patching shall not be permitted as a means of eliminating criteria for replacement. The complete removal or leveling of existing concrete shall be required of a concrete panel from joint to joint. If a construction tool joint is not present, then the entire area shall be corrected unless authorized otherwise by the Transportation Administrator.
Where offsets, elevation differences, deterioration, and/or spalling exceeds 1 ½ inches in depth within a sidewalk or driveway approach, and/or where excessive sidewalk cross slope is equal to or greater than 10%, these conditions shall be considered just cause for emergency barricade and/or repair by the Transportation Administrator, as outlined within Section 905.13, Emergency Orders.
905.12 Notice of Violation
A. Issuance Of Notice Of Violation. Whenever the Director of the Department of Public Service, or the Director of the Department of Development, determines, or has reasonable grounds to believe, that there exists a condition that violates any provisions or requirements set forth within this chapter, they may issue a notice setting forth the alleged violations and advising the abutting property owner or person having charge that such violations must be corrected.
B. Content of Notice of Violation.
(1) All notices of violation, except emergency orders, shall be in writing and shall be served on the abutting owner from whom action, forbearance or compliance is required;
(2) All notices of violation shall identify the sections of this chapter to which the order applies;
(3) All notices of violation shall provide a description of the premises where the violations are alleged to exist or to have been committed;
(4) All notices of violation shall specify a thirty (30) day time frame for compliance with the order, except in the case of an emergency order, as described in Section 905.13;
(5) All notices of violation shall advise the abutting property owner or person having charge of the right to appeal, within 15 days of receipt of notice;
(6) All notices of violation shall advise the owner or person having charge that if the order is not complied with by the time specified for compliance, the director may initiate a civil and/or criminal complaint against the owner or person having charge; and/or the director may, by city personnel or private contractor, cause the violations to be corrected with the cost of such correction to be charged as a lien upon the real estate;
C. Service of Notice of Violation. A notice of violation shall be served upon the abutting owner or any person from whom action, forbearance or compliance is required. Such notice shall be served by any one (1) of the following methods:
(1) Personal service; or
(2) Certified mail; or
(3) Publication in a newspaper of general circulation in the county; or
(4) Regular mail service to an address that is reasonably believed to be:
(a) A place of residence of the owner, or
(b) A location at which the owner regularly receives mail; or
(5) Posting the notice of violation on the abutting property, except that if the structure or abutting property is vacant, then the notice shall be posted on the structure or premise and one (1) of the above methods of service shall also be used.
D. When the notice of violation has been properly serviced, the order shall be effective as to anyone having any interest in the premises whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains a city record of the order in a public file maintained by the director;
E. Written or oral acknowledgment by the owner of receipt of a notice of violation shall be evidence that the owner received the notice of violation. An appeal of the notice of violation by the abutting owner pursuant to Section 905.14 shall constitute evidence of written acknowledgment by the owner of service of notice of violation.
905.13 Emergency Order
Whenever the Director of the Department of Public Service, or Director of the Department of Development, finds that an emergency exists, as described in Section 905.11, which requires immediate action to protect the health and safety of any person, they may issue an oral or written emergency order reciting the existence of such an emergency and requiring that such action as they deem necessary shall be taken to eliminate the emergency. Notwithstanding the other provisions of this code, such emergency order shall be effective immediately and complied with immediately.
In cases where it reasonably appears that there is imminent danger to the health and safety of any person unless the emergency condition is immediately corrected and if after reasonable attempts to notify the abutting property owner it appears that the abutting property owner will not or cannot immediately correct the condition, the Director may order the Transportation Administrator to initiate whatever reasonable action necessary to eliminate such hazard. These actions may include the temporary barricade of the area, re-routing of pedestrian and/or vehicular traffic, or whatever action deemed necessary to eliminate the hazard on an interim or permanent basis.
The Director shall further cause the cost of all such temporary and/or permanent abatement to be billed to the abutting property owner as a municipal lien or to be recovered in a civil suit against the owner at the current hourly rates of the Division's equipment and personnel, or those of its contractual agent, including the cost for materials provided that can not be reasonable salvaged by the City.
905.14 Appeal Procedure
Any persons affected by any notice issued in connection with this chapter may request and shall be granted a hearing before the Property Maintenance Appeals Board on all matters set forth in such notice, provided that:
A. Such person shall file a written petition requesting such appeal hearing with the Neighborhood Services Division Office, of the Department of Development, within fifteen (15) calendar days after the notice is served; and,
B. The petition shall set forth the factual reasons why a particular violation or violations is being appealed.
Appeals shall be conducted and the notice of the board findings shall be completed as set forth in the Columbus Housing Code, Chapter 4509.03 (Ord. 2226-88.)
905.15 Prohibition Against Failure To Comply with Notice Of Violation
No person shall violate any provision of this Sidewalk and Driveway Construction and Repair Code or any rules or regulations promulgated by the Director in accordance with this chapter.
No owner or person having charge or authority over a violation of this Sidewalk and Driveway Construction and Repair Code shall fail to comply with a notice of violation, or emergency order, of this Sidewalk and Driveway Construction and Repair Code, or any rules or regulations promulgated by the Director in accordance with this chapter, obstruct or interfere with the execution of such order, or omit to obey such notice of violation or emergency order.
No person shall fail to comply with the time specified in a notice of violation or emergency order after receiving notification of being in violation of this Sidewalk and Driveway Construction and Repair Code, or any rules or regulations promulgated by the Director in accordance with this chapter.
905.16 Procedure Upon Failure To Comply With Notice of Violation
Whenever, upon inspection the Director, or Director of the Department of Development determines that there are reasonable grounds to believe that there is a violation of this Sidewalk and Driveway Maintenance and Repair Code resulting in the existence of an actual or potential public nuisance, or whenever there exist conditions that adversely affect the health, safety or welfare of any person, or when notices or orders issued pursuant to this code or other notice sections of City Codes do not alleviate such public nuisance or condition, they may:
A. Cause the correction or abatement of any condition which violates any section of the Sidewalk and Driveway Maintenance and Repair Code and employ the necessary labor to perform the task;
Upon performance of the labor mentioned above with respect to abatement of the above-mentioned public nuisances, the director shall with respect to each parcel of land report to city council a statement of the charge for the services, the amount paid for performing the labor, and the fees of the officers who made the service of the notice and return;
Upon receipt of the statement and approval thereof by Council, the City Clerk shall make a return in writing to the Auditor of the applicable county of such statement that shall be entered upon the tax duplicate of the county for the purpose of assessing these costs.
B. Cause to be filed a civil complaint for injunctive relief seeking abatement of the public nuisance in a court of jurisdiction. The procedures to be followed will be pursuant to the Ohio Rules of Civil Procedure; or
C. Cause to be filed a criminal complaint in a court of jurisdiction.
905.99 Penalty
Notwithstanding any additional civil injunctive action or finding, whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor of the third degree.
Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such.
Strict liability is intended to be imposed for violation of this chapter.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.