(A) All sidewalks and driveways installed within the City right-of-way shall be designed, constructed, reconstructed, altered, or repaired in accordance with the latest version of the Public Works Design Standards.
(B) It is the duty of an owner of land adjacent to a public right-of-way in the City to construct, reconstruct, repair, and keep clear of leaves, ice, snow, and all other obstructions or hazards to the public which are reasonably removable on all sidewalks and driveways adjacent to said land. The Engineer shall notify the property owner of the need to repair sidewalks and driveways after determining that the existing sidewalk is in such a state of disrepair that the condition or defect is such that it would create a danger to pedestrians. Such notice to the property owner shall be in writing.
(C) No person in charge of any building or structure shall suffer or permit rainwater, ice, or snow to fall from such building or structure onto a street or public sidewalk or to flow across such sidewalk.
(D) The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about such will not be carried across or upon any sidewalk.
(E) The owner responsible for maintenance of the adjacent sidewalk and driveway shall be liable to any third person who sustains any injury or damage as a result of inadequate maintenance, repair, construction, or failure to adequately remove snow, ice, leaves, or any other hazard or obstruction from that portion of sidewalk or driveway abutting his or her property. Additionally, any person who fails to perform or comply with the duties imposed by this division (E) shall be liable to any third person for injuries or damages suffered as a result of such failure.
(F) No owner or person in charge of property shall permit a cellar door or grate located in or upon a sidewalk or public pathway to remain open except when such entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk.
(G) No person, except as otherwise permitted by chapter, shall obstruct, cause to be obstructed, or assist in obstructing vehicular or pedestrian traffic on any street or public sidewalk.
(H) Concurrent with the issuance of a building permit for the construction of a building for residential use or business structures or an addition or alteration to a dwelling or business structure, the value of which is $5,000 or more.
(1) The owner, builder, or contractor to whom the building permit is issued shall meet the following requirements:
(a) Construct a sidewalk within the dedicated right-of-way for the full frontage in which a sidewalk in good repair does not exist. The sidewalk construction shall be completed within the building construction period or prior to issuance of an occupancy permit, whichever is the lesser; and
(b) Dedicate right-of-way in accordance with an approved City plan.
(2) The Engineer may issue a permit and certificate allowing noncompliance with the provisions of this section to the owner, builder, or contractor when, in his or her opinion, the construction of a sidewalk is impractical for one or more of the following reasons.
(a) Sidewalk grades have not and cannot be established for the property in question within a reasonable period of time.
(b) Future installation of public utilities or street paving would, of necessity, cause severe damage to existing sidewalks.
(c) Topography or contours make the construction of a sidewalk impractical.
(d) The noncompliance provided in divisions (H)(2)(a) and (H)(2)(b) above shall be temporary and shall cease to exist when grades are established for sidewalks by the Public Works Department or when public utilities or street paving have been constructed.
(3) If the owner, builder, or contractor considers any of the requirements impractical for any reason, they may appeal the decision to the Public Works Superintendent.
(4) If sidewalk is not constructed within the time required by this section, then the City may construct it for the full street frontage in front of the property and proceed with the construction, assessment, and collections of costs as provided for in this division (F) above.
(I) It is the duty of every property owner whose vacant or undeveloped property abuts upon any street, which has been improved with a hard-surface pavement, to construct a concrete curb and sidewalk conforming to City ordinances when 50% of the lineal distance of the sidewalk of said block has already been installed. Said construction shall be completed within two years after notice by the Engineer.
(J) It is the duty of every property owner of developed property whose property abuts upon a street, which has been improved with a hard-surface pavement, to construct a concrete curb, sidewalk, and driveway conforming to City ordinances when 50% of the lineal distance of the sidewalk of said block has already been installed. Said construction shall be completed within one year after notice by the Engineer.
(K) It is the duty of every property owner whose property abut upon a street designated as a “high pedestrian use street” to construct a concrete curb and sidewalk conforming to City ordinances within one year after notice by the Engineer. The Engineer shall identify “high pedestrian use streets” by determining whether a certain street is a primary walking route to schools, community buildings, or commercial areas and whether the absence of sidewalks along those walking routes is a potential danger to pedestrians. The Engineer may also apply other factors such as pedestrian counts, projects under construction, or sites designed for development when identifying “high pedestrian use streets.”
(L) The City Council may, when it deems it reasonable, necessary, and expedient, order the construction, reconstruction, or repair of a sidewalk or driveway by the owner or owners of land adjoining any public right-of-way in the City.
(1) The order shall be by written resolution and shall contain:
(a) A description of the land adjacent to the ordered work and the same may be by street address only;
(b) The names or names of the owners of the affected property;
(c) The time within which the work is to be completed;
(d) The order of the Council requiring the work to be accomplished; and
(e) An order directing the Engineer to notify the owners of the City Council action.
(2) The Engineer shall be responsible to assure that the following requirements are fulfilled when the powers of City Council are to be used to accomplish the construction, reconstruction, or repair of sidewalks or driveways.
(a) Notices shall be sent out ten days in advance of any Council action to the affected owners, or his, her, or their agents, that consideration will be given to the construction, reconstruction, or repair of the sidewalks or driveways adjacent to his, her, or their property.
(b) It shall be deemed sufficient that the notice is served by one or more of the following methods:
1. Registered mail;
2. Posted on the property;
3. Served personally; and/or
4. Publication in a local paper.
(c) A mistake in the name of the owner shall not render void such notice.
(3) In the event the order of the Council for the construction, reconstruction, or repair of a sidewalk or driveway is not complied with within the time designated or is not complied with according to the Engineer’s specifications or directions, the Engineer shall cause the order to be performed either by contract or force account and shall keep an accurate cost record of the expense as it applies to each parcel of land.
(4) Upon receipt of the record of costs specified in the above, the Council shall by ordinance assess the cost of all work against the adjacent property. The assessment shall be a lien against the property and may be collected in the same manner as is provided by law for the collection of unbonded liens for local improvements.
(5) The provisions of the Bancroft Bonding Act being ORS 223.205 et seq. of the state shall not be applicable to assessments made under this chapter unless the Council directs otherwise in the resolution ordering alternative forms of financing by or under the direction of the City upon such terms and provisions as the Council may deem appropriate.
(M) Any person who may desire to construct or is required to construct, reconstruct, or repair any sidewalk, curb, or driveway shall obtain a permit before commencing work; and such application shall specify the property along which such walk, curb, or driveway is to be laid; the name of the person for whom same is to be performed; and the time within which same is to be completed. It is hereby the duty of the Engineer to issue permits and upon the request of any person to whom a permit has been issued as herein provided and within a reasonable time thereafter, to set the grade and line stakes for the construction of any sidewalk, curb, or driveway in the City. No person shall construct or cause to be constructed any sidewalk, curb, or driveway in the City until such grade and line stakes have been set.
(N) The Engineer may authorize the installation of a meandering sidewalk for aesthetic purposes provide that said walk does not substantially inconvenience the general public nor create an apparent traffic or pedestrian hazard.
(Ord. 622, passed 11-3-2010)