(A) It is the purpose of this section for the city and property owners to share equal costs in the repair and replacement of existing deteriorated concrete sidewalks within the city limits. The primary goal is to remediate sidewalks that present a tripping hazard in accordance with the Americans with Disabilities Act (ADA). Sidewalks that cross private drives and entrances are not subject to this replacement policy as this falls under perpetual maintenance by the property owner for right-of-way encroachments. As stated in § 96.11, any sidewalk or curb damaged is not subject to the replacement policy. The city encourages property owners to replace concrete sidewalks with brick or other historic decorative surfaces in the downtown and other appropriate areas. All city participation in sidewalk replacement must be specifically approved by the Office of the City Engineer.
(1) The city shall calculate the cost for replacement and reimbursement based on the "Fee Schedule Encroachment Work and Land Disturbance Activities," as approved by the governing body, hereafter referred to as the "Fee Schedule". Sidewalk replacement must begin and end at concrete expansion joints.
(2) Where the City Engineer, Public Works Superintendent or Code Enforcement Officer identifies the existence of holes, uneven surfaces or other defects in sidewalks or curb and gutter that create a hazard to public safety, the owner of the property abutting the sidewalk/curb shall be notified in writing of the location and affected area (square feet) that must be replaced.
(B) Property owners may choose one of the following replacement options:
(1) Replace the sidewalk in accordance with city specifications themselves or hire a contractor. A permit is required for property owners and/or contractors that will be performing any work within the right-of-way. Upon completion of the work, the permit will be released and the city will reimburse the property owner half the value of the work in accordance with the Fee Schedule (where vehicular traffic is anticipated the sidewalk shall be six inches thick); or
(2) Send a written request to the Office of the City Engineer for City Public Works to replace the sidewalk and/or curb and gutter abutting their property. Upon completion of the work, the City will bill the property owner for half the cost of the sidewalk replacement, including labor and materials, based on the Fee Schedule. Payment will be due within 30 days of receipt.
(C) The city's reimbursement contribution shall not exceed $750 for properties with single frontage and $1,200 for properties with frontage on two sides.
(D) In the Bardstown Historical District and in the Central Business District (Both sides of the street in the 100 block of East and West Stephen Foster Avenue and East and West Flaget, around the Court Square, and the one and two hundred block of North Third Street). The city will reimburse the property owner one half the actual cost of brick sidewalk installed per the city specifications. In the Central Business District all sidewalk replacements will be brick and/or other surface material which has been approved by the Historic Review Board.
(E) The policy described herein is not intended to apply to aesthetic concerns. Replacement refers to removal of the existing sidewalk, installing of the new walk, additional stone bedding as necessary, and backfilling with topsoil, seed and straw.
(F) The city reserves the right to determine the type of brick or other approved surface material used in this program and to approve the cost estimate for brick work to be reimbursed at one half cost.
(Ord. 459, passed 1-8-91; Am. Ord. 482, passed 9-10-91; Am. Ord. 482, passed 9-10-91; Am. Ord. 492, passed 11-12-91; Am. Ord. 640, passed 2-10-98; Am. Ord. B2020-03, passed 2-11-20)