903.04 TEMPORARY SIDEWALKS AND WALKS NEAR NEW CONSTRUCTIONS.

   (a)    Where public walks are to be constructed or replaced in areas adjacent to existing walks, other than as specified in Section 903.03(b), and where the grades at the extremities of the proposed construction are greater than six inches above or six inches below the existing adjacent walk grade, a permit shall be issued for the construction or replacement of the public walk as a temporary construction or replacement, and the owner or his agent shall sign an agreement to that effect. The agreement shall be attached to and shall become a part of the permit, and a record of agreement shall be maintained in the office of the City Engineer. The agreement signed by the owner and notarized shall not relieve him of future assessments for the construction of new walks required to meet the conditions resulting from a future street improvement program in the area involved. Nothing in this section shall prevent the owner or his agent from securing a permit for the construction of temporary or contour sidewalks, which shall not be construed as establishing the grade of any street.

   (b)    Where public sidewalks do not exist adjacent to property that is to be improved by the construction of a residence, apartment, commercial or industrial building for which a permit is required from the Department of Building and Zoning Inspection, the owner or contractor of the proposed construction shall not be granted a building permit until arrangements have been made with the City Engineer for the installation, by the owner or contractor, of public sidewalks along the street frontage of the property on which the residence, apartment, commercial building or industrial building is proposed to be erected, and until a certified check or acceptable collateral is posted by the owner or contractor with the City Engineer in an amount equal to the estimated cost of construction of the sidewalks. Such check or collateral shall guarantee that the sidewalks shall be constructed by the owner or contractor in accordance with the Specifications of the City.

   (c)    The City Engineer may, after examination of the location on which the construction is proposed, waive the requirements, wholly or in part, of subsection (b) hereof, if he is of the opinion that no useful purpose will be served by constructing public walks at the time the construction for which the building permit was issued is undertaken, by notifying the owner or contractor of such action in writing.

   (d)   No action taken by the City Engineer, under the provisions of this chapter, in regard to the omission of the construction of public walks during the time of building construction for which a building permit was issued, shall relieve the owner of the property of the responsibility for the installing of public walks under this chapter at a future date when the need for public walks is more apparent.

(Ord. 67-1965. Passed 5-10-65.)