(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