Loading...
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-half (½) 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.
I. Noncompliance with the Americans With Disabilities Act (ADA) standards and requirements.
(Ord. 1708 - Sep. 17 Supp.)
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.
1. It is the responsibility of the owner to remove snow, ice and accumulations promptly from sidewalks and the owner shall be liable for injuries and damages caused by the failure to use reasonable care in the removal of snow, ice and accumulations. If the owner does not remove snow, ice and accumulations within a reasonable time and after receiving notice by the City, the City may do so and assess the costs against the owner for collection in the same manner as property tax. If the City is required to remove snow, ice and accumulations after notice, this action shall not release or relieve the owner of liability imposed above. The owner shall further defend, indemnify, and hold harmless the City of Carroll, from and against any claim, arising out of the failure to remove snow, ice and accumulations.
(Code of Iowa, Sec. 364.12[2b & e])
2. Enforcement of Section. The City Manager shall appoint the director of public works, building official, and/or the police chief or their designated representative, who shall enforce the provisions of this section.
3. Definitions. Unless otherwise expressly stated, the following terms shall have the meaning given in this subsection:
ACCUMULATIONS: Snow and/or ice deposits.
PERSON: Includes an individual or group or association of individuals; a firm or any member thereof; a corporation, or any executive officer, manager, person in charge or employee thereof; and the use of a pronoun specifying one gender shall include both genders.
PROPERTY OWNER: The record titleholder or the contract purchaser of record, if any.
SNOW SEASON: The period beginning October 1 and ending May 1.
4. Obligation of Property Owner.
A. The owner of any property abutting a public sidewalk with the exception of bike paths and combination bike paths/pedestrian walkways maintained by the city, shall remove snow, ice and accumulations from sidewalks within a reasonable time but in no case more than twenty four (24) hours following the cessation of the weather or other event by which they were deposited, provided, however, that in extraordinary weather circumstances the director of public works, building official or police chief or their designated representative may extend the period of time provided herein. In those situations, the director of public works, building official or police chief or their designated representative will deliver to news media a statement indicating the amount of additional time property owners shall have to remove accumulations from sidewalks.
B. If accumulations are not removed as required above, including any extraordinary weather circumstances, or required treatment pursuant to subsection 5 is not completed and maintained, the building official or chief of police or their designated representative may give to the property owner a notice entitled "Official Notice - Failure to Remove Snow or Ice Accumulation on Sidewalk and/or Failure to Treat Snow and/or Ice Accumulation on Sidewalk" setting forth the location/address of the violation and to whom the notice is directed with the explanation of the violations. This notice shall be personally served upon the owner of the residence. If personal service is not possible, written notice of such violation shall be affixed to the front door of the premises. If the owner is leasing or renting the premise, the tenant shall be personally served or notice affixed to the front door and the owner shall also be personally served with the notice. The owner of the property in violation shall have twenty-four (24) hours from the time of service or posting of this notice in which to take corrective action and bring the sidewalk into compliance with this code. The existence of extraordinary weather conditions as determined by the director of public works, building official or police chief, pursuant to this subsection, shall extend the twenty-four (24) hours until such extraordinary weather conditions have dissipated. Upon notification by the public works director, building official or police chief of the end of extraordinary weather conditions the twenty-four (24) hours will start. If after notice, the accumulations are not timely removed or the required treatment pursuant to subsection 5 is not completed and maintained, the police chief or their designated representative is authorized to issue a civil citation pursuant to section 364.22 of the code of Iowa.
C. A second subsequent violation of this section shall not be considered a repeat offense pursuant to section 364.22, Code of Iowa, for the purposes of increasing the civil penalty provided in said code section, unless the prior or preceding offenses have occurred within the current snow season.
5. Treatment of Unremovable Snow and/or Ice. When accumulations have formed upon any sidewalk so that it cannot be reasonably removed, the abutting property owner shall within the period set forth in subsection 4 of this section keep and maintain such accumulations sprinkled with fine cinders, sand or de-icing chemicals in such manner as to provide traction and prevent the sidewalk from being dangerous to persons using the same. Nothing in this subsection shall be construed to be a substitute for the removal of accumulations, as required in subsection 4 of this section. This subsection shall only apply when accumulations cannot be reasonably removed, however, all accumulations shall be removed as soon as practical.
6. Unlawful Deposit of Snow and/or Ice. No person shall remove, or cause to be removed, accumulations from private premises and deposit the same or cause the same to be deposited upon any public street, avenue, alley, public square or traveled area within the city. The chief of police or their designated representative is authorized to issue a civil citation pursuant to section 364.22 of the code of Iowa to anyone violating this subsection indicating said person is in violation of this subsection and is subject to the penalties provided for in section 364.22, the code of Iowa.
7. Removal By The City of Carroll. Whenever accumulations have remained on any sidewalk in violation of subsection 4 and/or whenever unremovable accumulations have formed on any sidewalk in violation of subsection 5, and the time for the property owner to take action after service of the notice has expired, the city may cause such accumulations to be removed and/or treatment of unremovable accumulations either by use of city personnel and equipment or by contracting for the work to be undertaken.
8. Right to Assess. When the city removes or causes to be removed accumulations and/or treats accumulations, the city may assess the actual cost plus any administrative costs of removing such accumulations from the abutting property owners' sidewalks and/or treatment of unremovable accumulations, in addition to taking any other action provided for in this section.
9. Assessment of Costs. The actual cost of removal and/or treatment of accumulations, including an administrative cost of seventy-five dollars ($75) per occurrence, shall be paid by the owner of the property abutting thereon. The property owner shall be sent an itemized bill by the city for said costs to permit voluntary payment thereof by the property owner. The bill shall be sent within thirty (30) days of the city's action as set forth in subsection 8 of this section. Failure to pay said bill within thirty (30) days after mailing of bill will cause the action to appear on a schedule of assessments to be forwarded to the City Clerk.
10. Schedule of Assessments. Whenever any accumulations have been removed from any sidewalks or treatment of the sidewalks for unremovable accumulations by the city as provided in this section, and the right to assess provided for in subsection 9 is invoked, the city shall cause to be prepared a schedule giving the name of the owner, so far as known, a description of the property, the date when the work was done, and the amount charged to each lot, and for what work and materials the charge was made. As soon thereafter as practicable the schedule shall be filed with the City Clerk.
11. Certification For Collection. Upon receipt of the schedule of assessments and certification by the City Clerk, the City Clerk shall file said assessments with the County Treasurer for collection in the manner provided by law.
(Ord. 19-11 - Jan. 20 Supp.)
It is the responsibility of the owner to repair, replace, reconstruct or cause to be repaired, replaced or reconstructed, all defective sidewalks and to maintain in a safe and hazard free condition any sidewalk abutting their property. The owner shall be liable to any person who may incur injuries and/or damages as a result of or caused by the failure of the owner to use reasonable care in the repair, replacement or reconstruction of defective sidewalks. Defective sidewalks are declared public nuisance. The owner shall further defend, indemnify and hold harmless the City of Carroll, from and against any claim, arising out of the failure to maintain the owner's sidewalk.
(Code of Iowa, Sec. 364.12[2c])
(Ord. 1708 - Sep. 17 Supp.)
If the owner does not maintain sidewalks as required, the City may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct defective sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as property tax. If the City is required to repair, replace or reconstruct defective sidewalks after notice, this action shall not release or relieve the owner of liability imposed by this Chapter.
(Code of Iowa, Sec. 364.12[2d & e])
(Ord. 1708 - Sep. 17 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)
Loading...