152.01 Purpose | 152.11 Failure to Repair or Barricade |
152.02 Definitions | 152.12 Interference with Sidewalk Improvements |
152.03 Removal of Snow, Ice and Accumulations | 152.13 Encroaching Steps |
152.04 Property Owner's Responsibility For Maintenance | 152.14 Openings and Enclosures |
152.05 Failure to Maintain Sidewalks | 152.15 Fires or Fuel on Sidewalks |
152.06 Sidewalk Construction Ordered | 152.16 Defacing |
152.07 Permit Required | 152.17 Debris on Sidewalks |
152.08 Sidewalk Standards | 152.18 Merchandise Display |
152.09 Location | 152.19 Sales Stands |
152.10 Barricades and Warning Lights | |
For use in this chapter the following terms are defined:
1. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
2. “Defective sidewalk” means any public sidewalk exhibiting one or more of the following characteristics:
A. Vertical separations equal to three-fourths (¾) inch or more.
B. Horizontal separations equal to one (1) inch or more.
C. Holes or depressions equal to three-fourths (¾) inch or more and at least four (4) inches in diameter.
D. Spalling over fifty percent (50%) of a single square of the sidewalk with one or more depressions equal to one-half (½) inch or more.
E. Spalling over less than fifty percent (50%) of a single square of the sidewalk with one or more depressions equal to three-fourths (¾) inch or more.
F. A single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot.
G. A sidewalk with any part thereof missing to the full depth.
H. A change from the design or construction grade equal to or greater than three-fourths (¾) inch per foot.
3. “Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.
4. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.
5. “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.
6. “Portland cement” means any type of cement except bituminous cement.
7. “Sidewalk” means all permanent public walks in business, residential or suburban areas.
8. “Sidewalk improvements” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.
9. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.
It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within 24 hours after snow or ice ceases to fall, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax. The abutting property owner may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow, ice or accumulations.
(Ord. 2116 – Jul. 22 Supp.)
The abutting property owner shall repair, replace, or reconstruct, or cause to be repaired, replaced, or reconstructed, all broken or defective sidewalks and maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or, in the absence of a curb, any sidewalk between the property line and that portion of the public street used or improved for vehicular purposes.
(Ord. 2183 - Sep. 24 Supp.)
If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within thirty (30) days, and if such action is not completed within such time, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as property tax. If the abutting property owner does not maintain sidewalks as required and action is brought against the City for personal injuries alleged to have been caused by its negligence, the City may notify in writing any person by whose negligence the City claims the injury was caused. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which cause arose, that the City believes the person notified is liable to it for any judgement rendered against the City and asking the person to appear and defend. A judgement obtained in the suit is conclusive in any action by the City against any person so notified as to the existence of the defect or other cause of the injury or damage as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may obtain an action against the person notified to recover the amount of the judgement together with all the expenses incurred by the City in the suit.
(Ord. 2116 – Jul. 22 Supp.)
The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.
(Code of Iowa, Sec. 384.38)
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