Explanation
Proper maintenance of sidewalks and driveway approaches within the City's right-of-way has traditionally and by City Code been the responsibility of the property owner. Upon notification by the City of deficient conditions, most property owners effect renovations of their own accord in order to keep these areas devoid of safety hazards and to make them cleaner and more attractive. However, some property owners are unable or unwilling to do so. Chapter 905 of the City Code gives the Public Service Director the authority to make the necessary renovations and collect its costs related thereto through assessment on the property owner's tax duplicate.
The Transportation Division has notified property owners of sidewalks and/or driveway approaches with code violations within the public rights-of-way of these deficiencies. Some property owners are effecting sidewalk/approach restorations to conform to City Code Chapter 905 criteria of their own volition. Others have neglected to perform the restorations or have requested that the Transportation Division complete the restorations on their behalf via the assessment procedure.
This resolution declares the necessity of replacing sidewalks under the assessment procedure.
FISCAL IMPACT: Property owners will assume all costs of restoration under this procedure.
Emergency action is requested to effect the timely implementation of construction services to restore safe pedestrian passage ways as soon as possible.
Title
To authorize the Public Service Director, on behalf of the Transportation Division, to declare the necessity of replacing sidewalks and/or driveway approaches under the assessment procedure; and to declare an emergency. ($-0-)
Body
WHEREAS, property owners, as named by the attachment to this resolution, have been served a notice to repair, replace, or maintain their sidewalk and driveway approach within the public rights-of-way; and
WHEREAS, it is prudent to avoid any further delay in implementing restorations in accordance with City Code Chapter 905 under the assessment procedure; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to declare the necessity of making said improvements in order that the same may be completed at the earliest possible time, thereby preserving the public health, peace, property, safety and welfare; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That it is necessary to replace sidewalk and/or driveway approaches within the public rights-of-way, in the City of Columbus, Ohio, in accordance with the plans, specifications and estimate of the proposed improvement prepared by the Administrator of the Transportation Division, which are hereby approved.
SECTION 2. That the replacement of sidewalks and/or driveway approaches shall be in compliance with the specifications in the files of the Administrator of the Transportation Division of the Public Service Department, which are by reference made a part hereof.
SECTION 3. That the whole cost of said improvements shall be assessed per property owner lot, which said lots and lands are hereby determined to be specially benefited equally by said improvement, and in an amount to be determined based on current unit bid prices per the attached listing of lots, lands and current property owners.
SECTION 4. That the assessment to be levied shall be paid in twenty semi-annual installments, with interest on deferred payments at a rate established by the City Auditor, provided that the owner of any property assessed may, at the property owner's option, pay such assessment or any number of installments of the same, at any time after such assessment has been levied.
SECTION 5. That notes of the City of Columbus, Ohio, may be issued in anticipation of the issuance of bonds to be issued in anticipation of collection of the assessments by installments, and in an amount equal thereto.
SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor or ten days after adoption if the Mayor neither approves nor vetoes the same.