(A) A certificate of occupancy shall not be issued until a sidewalk is constructed in compliance with the grade and specifications hereinafter set forth in this section.
(B) All sidewalks hereafter laid, constructed or repaired shall be of concrete and in strict conformity with grades and specifications pertaining thereto as adopted or approved by the city; provided that, where it is determined that new sidewalk construction abuts or extends on either side of existing asphalt roadway, entry ramp, entry lane or other existing asphalt surface, the city may determine that it is not necessary to install concrete sidewalk over or through that portion of existing asphalt surface. This determination may be made without resorting to the provisions of division (L) below.
(C) No sidewalk shall be laid, constructed or repaired until a written permit for the same shall have been obtained from the City Clerk.
(D) The owner of property adjacent to a proposed sidewalk may construct said sidewalk upon obtaining a permit from the City Clerk for which permit he or she shall pay a fee as established by resolution of the City Commission. Such sidewalk shall be inspected and approved by the city.
(E) Wherever sidewalks are ordered constructed on any street or any part thereof, or where a permit has been issued for the construction of a sidewalk, it shall be the duty of the city to indicate the sidewalk line and grade by setting stakes, and a record of the same shall be kept in the City Clerk’s office.
(F) The city may accept a sidewalk as part of a public right-of-way where such a sidewalk is constructed in a street shown on a tentative plat given tentative approval by the city, but not, at that time, put on public record; provided that, a special permit is given by the city, and, the city shall be paid for the services of a City Inspector to inspect the same or to supervise the construction thereof insofar as is necessary to assure that such construction is according to plans and specifications adopted or approved by the city.
(G) Sidewalk repair as used in this subchapter shall be held to include any reconstruction work of existing concrete sidewalks including replacement, relaying, patching, filling to grade or grading that may be required to bring the existing sidewalk to a condition satisfactory for public use.
(H) The repair of any sidewalk may be initiated by a resolution adopted by the Commission ordering the work done or by a written request of the owner or owners of the property affected.
(I) All sidewalk repairs shall be made by the city, either by force account or by contract, and the cost thereof, including engineering and inspection, shall be borne equally by the city and the owner or owners of the property abutting the work.
(J) Any program of sidewalk repair shall be set up in advance of the adoption of the annual city budget and the city’s share of the work included therein.
(K) Proceedings for the construction of sidewalks within the city may be commenced by resolution of the Commission, on its own initiative, as appears more fully in Chapter 33 of this code (Special Assessments).
(L) Variations, exceptions, modifications to the sidewalk program may be made by the Zoning Board of Appeals where, in its opinion, practical difficulty or unnecessary hardship may result from strict compliance.
(1) In granting any variance, the Zoning Board of Appeals shall prescribe only conditions that it deems necessary to or desirable for the public interest.
(2) In making its findings, the Zoning Board of Appeals shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons who reside or work in the area, and the probable effects upon traffic conditions in the vicinity.
(3) No variance shall be granted unless the Zoning Board of Appeals finds:
(a) That there are special circumstances or conditions affecting said property such that strict compliance would deprive the owner of the reasonable use of his or her land;
(b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the owner; and
(c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is located.
(M) The cost of construction or repairing sidewalks which are ordered by resolution of the City Commission or upon the written request of the property owner and to be borne by the property owner shall be billed and assessed as follows.
(1) In the case of sidewalk construction, the total estimated cost and expense of such work, as determined by the Commission, shall be charged to such owner. If the owner fails to pay the same within 30 days from the date of invoice, the Commission shall cause the amount unpaid, together with a penalty of 10% in addition thereto, to be reported to the City Assessor, to be levied by him or her as a special tax or assessment upon the lot or premises adjacent to and abutting upon such sidewalk, which special assessment shall be subject to review, after proper notice is given as in all other cases of special assessments, and such tax, when confirmed, shall be a lien upon such lot or premises the same as other special assessments, and shall be spread, together with such penalty upon the tax roll as a special assessment upon such lot or premises, and the same shall be collected in the same manner as other city taxes; or the city may collect such amount, together with the penalty aforesaid, from the owner of such premises in an action of assumpsit together with costs of suit.
(2) On a special assessment basis as provided for in Chapter 33 (Special Assessments).
(3) In the case of sidewalk repairs, the property owner’s share of the cost shall be charged to the property owner. If the owner fails to pay the same within 30 days from the date of the invoice, the Commission shall cause the amount unpaid, together with a penalty of 10% in addition thereto, to be reported to the City Assessor, to be levied by him or her as a special tax or assessment upon the lot or premises adjacent to and abutting upon such sidewalk, which special assessment shall be subject to review, after proper notice is given as in all other cases of special assessments, and such tax, when confirmed, shall be a lien upon such lot or premises, the same as other special assessments, and shall be spread, together with such penalty, upon the tax roll as a special assessment upon such lot or premises and the same shall be collected in the same manner as other city taxes, or the city may collect such amount, together with the penalty aforesaid, from the owner of such premises in an action of assumpsit together with costs of suit.
(1991 Code, § 4.86) (2012 amendment)