A. Width: All cement sidewalks hereafter constructed on the following streets shall be of at least the following indicated width:
Chestnut Street between Sixth and Ninth Streets | 6 feet wide |
Pine Street between Sixth and Seventh Streets | |
West half of block 51 East half of block 51 | 5 feet wide 8 feet wide |
Sixth Street between the intersection with the Minneapolis St. Louis Railroad right of way and the bridge on Sixth Street over the Lac Qui Parle River. | 10 feet wide, including curb |
Seventh Street, east side, between Pine and Chestnut Streets | 6 feet wide |
All other sidewalks | 5 feet wide |
(Ord. 229, 10-7-1997)
B. Cleaning And Repair:
1. By Owner/Occupant: The owner and the occupant or other person in control of any property adjacent to a public sidewalk shall use diligence to keep the walk in good repair, clear of all snow, ice, dirt and rubbish, and otherwise safe for pedestrians. No such person shall allow snow, ice, dirt or rubbish to remain on a sidewalk longer than twenty four (24) hours after its deposit thereon or after the snow has ceased to fall. Owners and occupants or other persons in control of residential property adjacent to a public sidewalk shall use diligence to keep the walk in good repair, clear of all snow, ice, dirt and rubbish and otherwise safe for pedestrians. (Ord. 258, 4-19-2005)
2. By City:
a. Notice To Clear Or Repair: Whenever any sidewalk has not been cleared or repaired as required by subsection B1 of this section the Dawson chief of police may give written notice to the owner, occupant or other person in control of the property that the sidewalk must be cleared or repaired within such time as the Dawson chief of police determines is necessary for protection of the public health, safety and welfare.
b. Failure To Comply: No notice shall be required respecting the clearing of snow, ice, dirt or rubbish which has remained on the walk beyond the time specified in subsection B1 of this section. If the sidewalk is not cleared or repaired within the time required, the Dawson chief of police may have the sidewalk cleared or repaired.
c. Costs: The owner of the property shall be responsible for all costs and expenses of clearing or repairing the sidewalk. The Dawson chief of police shall keep a record showing the cost of the work adjacent to each separate lot and parcel and shall deliver the information to the city clerk. (Ord. 305, 6-4-2013)
d. Failure To Pay: If the owner fails to make payment or satisfactory payment arrangements within ten (10) days of billing, the cost shall be taxed against the property as provided by law. (1982 Code § 4.223)
C. Liability: The owner, the occupant and the lessee of any property adjacent to a public sidewalk shall indemnify the city for any liability including the cost of defending against any claim incurred by the city by reason of improper maintenance of the sidewalk or by reason of failure to keep the sidewalk clear of snow, ice, dirt and rubbish. (1982 Code § 4.224)
D. Removal Of Sidewalk: No existing sidewalk may be removed unless allowed by permit granted by the Dawson city council. If a sidewalk is removed without a permit, the landowner may be required to replace the sidewalk.
E. Emergency Permit For The Removal Of Sidewalk: The city maintenance superintendent or his designee is authorized to issue an emergency permit to remove a sidewalk or a portion thereof. The landowner must either replace the sidewalk or obtain a permit under subsection D of this section to remove the sidewalk permanently.
F. Permit Fee: A permit fee in the amount of fifteen dollars ($15.00) is required for permit under subsections D and E of this section. (Ord. 305, 6-4-2013)