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(A) In case any person, under order given or permit granted constructs a sidewalk, including any curb cuts and ramps, in violation of the terms of this chapter or of the rules, regulations and specifications prescribed by the City Council, the City Engineer may stop the construction and order the same to be made in accordance with the chapter, rules, regulations and specifications. In the event any sidewalk shall be found to have been constructed in violation of the chapter, rules, regulations or specifications, the City Council may order the same to be rebuilt or relocated in a manner provided for construction of new sidewalks. Notification to the person shall be made in accordance with § 94.021 of this code.
(B) If the owner of the adjoining lot or piece of land fails to comply with the notice, the City Council may proceed to have the construction done in the manner provided herein for the construction of a new sidewalk. In such case, the cost thereof shall be assessed as a special tax against the adjoining lot or piece of land in manner as provided by law.
(Prior Code, § 94.024) (Ord. 3041, passed 5-6-1985; Ord. 03-15, passed 5-19-2003; Ord. 08-05, passed 3-17-2008) Penalty, see § 94.999
(A) All sidewalks must be laid to such grade as the City Council has now established or may hereafter establish. All sidewalks in the Business District, where curbing is set or about to be set, shall be constructed not less than the width of the space from lot line to curb line.
(B) All other sidewalks in the city shall be laid four feet from the property line and adjacent and parallel to the lot line and shall not be less than four feet wide. However, the City Engineer or City Administrator may suspend the operation of any portion of this section and direct otherwise where good cause is found so to do.
(Prior Code, § 94.025) (Ord. 03-15, passed 5-19-2003) Penalty, see § 94.999
All sidewalks on either side of the streets and avenues of the city in front of or along any lot or land abutting the same, which shall be hereafter constructed, reconstructed or replaced shall be of concrete with mix design and strength pre-approved by the City Engineer unless an alternate material is approved prior to the construction by resolution of the City Council.
(Prior Code, § 94.026) (Ord. 3042, passed 5-6-1985; Ord. 03-15, passed 5-19-2003)
The City Engineer shall keep all applications, petitions, permits and orders filed, granted or issued in accordance with this chapter in the City Engineer’s office and in accordance with the state records retention schedule.
(Prior Code, § 94.027) (Ord. 03-15, passed 5-19-2003)
(A) Maintenance of sidewalks.
(1) Every owner of any lot or piece of land within the city shall at all times keep and maintain the sidewalk along and contiguous to the lot or piece of land in good and proper repair and in a reasonably safe condition for travel for all travelers thereon in accordance with American’s with Disablities Act regulations.
(2) In case the owner of any lot or pieces of lands abutting on any sidewalk in front of or along that owner’s lot or piece of land within the time and in the manner as directed and required by this chapter after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition thereon and the Mayor and City Council shall cause the sidewalk to be constructed or repaired as authorized by law and assess the cost thereof against the property as a special tax.
(B) Curbing. The city shall at all times keep and maintain the curbing along and contiguous to any publicly dedicated streets located within the corporate limits of the city in good repair. The city shall repair the first four feet of any sidewalk or American’s with Disabilities Act handicapped ramp located directly adjacent to a curb which has been damaged as a result of curb repair performed by the city with the exception of curbside sidewalks.
(C) Clearance over streets and walkways.
(1) (a) Clearance over walkways shall be the responsibility of the abutting property owner. A clearance of eight feet will be maintained over walkways and a clearance of 14 feet shall be maintained over streets and alleys.
(b) Property owners are responsible for trees on their own property. Property owners will report any infractions of street trees that abut their property to the Public Works Department who will evaluate the situation and take appropriate action at city expense.
(2) It shall be the duty of the city to trim any trees to the 14 feet above the streets height so that they will not inhibit the passage of vehicles.
(3) It shall be the duty of the utility company to trim any trees within or in close approximation to utility lines.
(4) (a) If any trees are permitted by the owner of the adjacent premises to grow untrimmed in violation of the provisions of this section, it shall be the duty of the Public Works Department to notify the owner in writing to trim the trees within the time and manner to be specified in the notice.
(b) If any person so notified shall neglect or refuse to comply with the notice, the Public Works Department shall forthwith cause the trees to be trimmed at the expense of the city and the costs thereof assessed against the property.
(Prior Code, § 94.030) (Ord. 94-71, passed 11-21-1994; Ord. 03-15, passed 5-19-2003) Penalty, see § 94.999
The construction and repair of all trails and sidewalks hereafter built, reconstructed or repaired within the city shall, unless otherwise specifically directed by the City Council, be done under the direction and supervision of the City Engineer and under such specifications, rules and regulations as are now in force or which may hereafter be adopted by the City Council.
(Prior Code, § 94.031) (Ord. 3165, passed 6-1-1987; Ord. 03-15, passed 5-19-2003)
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