152.04 PROPERTY OWNER'S RESPONSIBILITY FOR MAINTENANCE.

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.)

152.05 FAILURE TO MAINTAIN SIDEWALKS.

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.)

152.06 SIDEWALK CONSTRUCTION ORDERED.

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)

152.07 PERMIT REQUIRED.

No person shall remove, reconstruct or install a sidewalk unless such person has obtained a permit from the City and has agreed in writing that said removal, reconstruction or installation will comply with all ordinances and requirements of the City for such work. A written application for such permit shall be filed with the City and shall be accompanied by a permit fee as set forth and established by Resolution of the City Council.

(Ord. 1803 – Apr. 14 Supp.)

152.08 SIDEWALK STANDARDS.

Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be constructed in accordance with the City’s standard specifications. An official copy of the specifications is on file in the Clerk’s office and the Public Works Department. All such work shall be done under the direction and supervision of and subject to inspection and approval of the Public Works Director. If such work does not comply with the provisions of this chapter, the Public Works Director, after notice to the property owner, shall cause the sidewalks to be constructed in the proper manner and assess the cost for such work against the abutting property for collection in the same manner as a property tax.

152.09 LOCATION.

Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot outside the property line, unless the Council establishes a different distance due to special circumstances.

(Ord. 1803 – Apr. 14 Supp.)