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Where, in the opinion of the Public Works Director, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within 90 days and shall be mailed to the owner or owners shown to be on the records of the county officer who mails tax statements.
(Prior Code, § 7.12)
Where, in the opinion of the Public Works Director, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within 15 days and shall be mailed to the owner or owners shown to be on the records of the county officer who mails tax statements.
(Prior Code, § 7.12)
If the owner of the abutting property fails to make repairs or accomplish reconstruction as herein required, the City Administrator shall report the failure to the Council and the Council may order the work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment.
(Prior Code, § 7.12)
(A) The owner of property upon which there is an abutting sidewalk may petition the city to have the sidewalk removed. The owner shall inform the city and acquire a city petition for sidewalk removal form from the city office. The owner of the adjacent property must obtain the consent of all of the owners of adjoining property on that owner’s side of the block (one-quarter of the city block). Upon obtaining the consent, the owner shall submit the petition to the city office and the City Administrator shall inform the Public Works Director of the petition. The Public Works Director shall view the proposed sidewalk to be removed and report to the City Council.
(B) The City Council may approve the petition for removal or decline to do so based on the following factors:
(1) The street along which the current sidewalk runs is residential in nature;
(2) The sidewalk is not needed for the safety of pedestrians, school children or the elderly;
(3) All of the owners of property adjoining the sidewalk on that block (same side of the street) have consented to the removal; and/or
(4) The sidewalk being petitioned is in poor repair and is in need of replacing.
(C) The business district and non-residential areas of the city, sidewalks adjoining blocks containing a school, church or nursing home, and sidewalks adjoining blocks adjoining County Road #2 are required for the public safety and convenience of pedestrians; repair costs as to these sidewalks, and these only, shall be at city cost. The City Council shall have the sole discretion to decide when repair is necessary.
(D) Upon approval of the petition for removal by City Council, the Public Works Director shall consult with the owner regarding the work on removing the sidewalk and shall inform the owner of the placement of the water shut-off valve.
(E) The owner of the property adjacent to the sidewalk shall contract for or accomplish the removal of the sidewalk, removal of the base of the sidewalk to a depth of four inches, shall backfill the area with black dirt and shall seed or sod the sidewalk removal area. The adjoining property owner is required to
maintain the area of removal and keep it level with the adjoining property or sidewalk. The owner shall be responsible for any damage to the water shut-off valve or other city property in the street right-of-way.
(F) If the owner of the abutting property fails to accomplish the reconstruction and sodding of the area as required above, or causes damage to city property, such as the water shut-off valve, the Public Works Director and the City Administrator shall report the failure to the Council and the Council may order the work or repair to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment.
(Ord. 312, Second Series, passed 8-8-2006) Penalty, see § 90.999
(A) Every person violates a section, division or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows.
(1) Where the specific section, division or provision specifically makes violation a misdemeanor, he or she shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he or she shall be punished as for a misdemeanor; where he or she stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, he or she shall be punished as for a misdemeanor.
(2) As to any violation not constituting a misdemeanor under the provisions of division (A)(1) above, he or she shall be punished as for a petty misdemeanor.
(Prior Code, § 7.99)
(B) Any person who violates any provision of §§ 90.60 through 90.068 shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. In addition thereto, the costs of prosecution may be imposed upon the defendant, and the court shall order restitution to the city for damage to the tree or public property.
(Ord. 317, Second Series, passed 6-2-2009)