HomeMy WebLinkAboutOrdinance 303 - Construction, Repair & Maintenance of Sidewalks CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS ORDINANCE 303 CONSTRUCTION, REPAIR & MAINTENANCE OF SIDEWALKS. 303-1 Section 303.01: SIDEWALK CONSTRUCTION....................................................... 303-1 Section 303.02: SIDEWALK ASSESSMENT............................................................ 303-1 Section 303.03: REMOVAL OF SNOW AND OBSTRUCTIONS ............................. 303-1 Section 303.04: SIDEWALK REPAIR....................................................................... 303-1 Section 303.05: SIDEWALK SPECIFICATIONS ...................................................... 303-2 Section 303.06: PUBLIC SAFETY DISTRICT.......................................................... 303-2 303-0 CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS ORDINANCE 303 CONSTRUCTION, REPAIR & MAINTENANCE OF SIDEWALKS Section 303.01: SIDEWALK CONSTRUCTION. All sidewalks in the City unless otherwise specially ordered by the City Council, shall be constructed of concrete and shall conform to the grade lines established by the City Council under its discretion. All existing sidewalks in the City shall be maintained, repaired or rebuilt at their present width. All sidewalks hereafter to be constructed shall be six feet in width and the side of the walk toward the center of the street upon which it is built is to be six feet from the side of the street on which it is built, unless otherwise specially ordered by the City Council. Section 303.02: SIDEWALK ASSESSMENT. The cost of construction, repair and maintenance of the sidewalks shall be borne by the lots, parts of lots and lands fronting upon the side of the street upon which sidewalks are built and shall be determined and assessed by the City Council in the manner provided by law;provided, however, that the City Council may by resolution levy and assess only a part of the cost of the construction of the sidewalks upon the lots, parts of lots and lands fronting on the side of the street upon which the sidewalks are built, but not less than one half of the cost. Section 303.03: REMOVAL OF SNOW AND OBSTRUCTIONS. The owner of each lot, part of lot, parcel and piece of land within the City shall remove or cause to be removed from the sidewalks or walks adjacent thereto all snow, ice, dirt and rubbish within twenty four hours after the same has been deposited on the sidewalk or walk. If such owner fails or neglects to remove the same within twenty four hours, the City Council may cause the same to be removed and shall assess the cost of removal against the fronting lots,parts of lots, parcels and pieces of land. The City Administrator/Clerk shall notify the owner of the lot, part of lot, parcel or piece of land so assessed with the cost of removal, by advising of the amount of the assessment and requiring the owner to pay the amount of the assessment to the City Treasurer within thirty days of the date of notice. In the event that the owner fails or neglects to pay the assessment within this time, the City Administrator/Clerk shall certify the assessment to the County Auditor for certification and taxation. Any notices to the property owner shall be by mail addressed to the owner at his last known address which is the address of the property in question. Section 303.04: SIDEWALK REPAIR. If any sidewalk in the City is found to be defective and in need of repair, the City Council may direct the City Administrator/Clerk to notify the owner of the lot,part of lot, piece or parcel of land abutting upon the sidewalk and require the owner to repair the sidewalk within sixty days after the date of notice. This notice shall be served on the owner by either delivering a copy to the owner personally or by mailing the notice to the owner at his last known post office address or at the address of the property in question. If the owner fails or neglects to make repairs within sixty days after delivery of notice, the City Council may cause a defective sidewalk to be repaired and assess the cost of repair against the abutting lots,parts of lots,pieces or parcels of land. The City Administrator/Clerk 303-1 CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS shall notify the owner of the property against which assessment is made of the amount of the assessment and shall require the owner to pay this assessment to the City Treasurer within thirty days after the date of notice. In the event the owner fails or neglects to pay the assessment within ninety days, the City Administrator/Clerk shall certify the assessment to the County Auditor for certification and collection as in the case of other property taxes. Notice of the amount of the assessment shall be given by mailing a notice to the owner of the property at his last known post office address or at the address of the property in question. Section 303.05: SIDEWALK SPECIFICATIONS. The City Engineer, working in conjunction with the Superintendent of Public Works, shall develop specifications governing the construction of sidewalks. These specifications shall be maintained on file at the office of the Superintendent of Public Works. All sidewalks shall be constructed, reconstructed or repaired consistent with these specifications. Section 303.06: PUBLIC SAFETY DISTRICT. The City Council may establish by resolution a Public Safety District within which it may promulgate additional rules and regulations relating to the construction and maintenance of sidewalks, including but not limited to the assumption of construction and maintenance expense by the City. Rules and regulations promulgated by the City for application in a Public Safety District may supersede the general requirements of the ordinance within the designated district. Areas which may be designated as part of a Public Safety District are commercial areas, streets subject to extensive pedestrian traffic and street adjacent to schools and parks. 303-2