A. Installation:
1. The owner of any lot or parcel in the city, that abuts upon any improved public street that has concrete or stone curb shall, at the owner's cost, install to standard city specifications a sidewalk along the full length of the portion of the lot or parcel abutting the public street when said lot or parcel is developed or redeveloped or at the direction of city council. For purposes of this subsection, "development or redevelopment" means any improvement that creates a new parking lot, new principal structure, garage, carport, covered deck, or covered patio on the lot or parcel or changes the footprint of the parking lot, principal structure, garage, carport, covered deck, or covered patio on the lot or parcel.
2. Upon application and for good cause shown, the city manager may grant a full or partial exception to the above requirement. (Ord. 44-09, 9-8-2009)
B. Duty Of Abutting Property Owner To Maintain: The abutting property owner must maintain the area from the back of the curb to the right of way line, and must keep such area in a safe condition free from defects, debris, nuisances, obstructions or any other hazard. The abutting property owner is liable for damages caused by failure to maintain such area. The abutting property owner must maintain such area in a safe condition, in a state of good repair, and free from defects. The abutting property owner is liable for damages caused by failure to maintain such area. Notwithstanding the obligations imposed hereunder, the property owner may not remove diseased trees or dead wood or plant, trim, remove or treat any tree or plant material on public right of way without first obtaining a permit from the city forester. (Ord. 57-14, 9-2-2014)
C. Notice To Replace, Repair Or Reconstruct:
1. Whenever the city manager shall determine that the conditions of any sidewalk as described in subsection B of this section exist, the city manager shall serve notice by certified mail on the abutting property owner, as shown by the records of the county auditor, requiring the abutting property owner to replace, repair or reconstruct the sidewalk.
2. If the city manager determines that the replacement, repair or reconstruction of the sidewalk is not practicable because of circumstances beyond the control of the abutting property owner, the city manager may allow or require a temporary repair of the sidewalk until such circumstances no longer exist. (2007 Code § 41-102)
D. Collection Of Costs Of Replacement, Reconstruction Or Temporary Repair By City: If the abutting property owner who has been notified pursuant to subsection C of this section to repair, replace, reconstruct, or temporarily repair the sidewalk shall fail to repair, replace, reconstruct, or temporarily repair such sidewalk within thirty (30) days after the mailing of such notice, the city manager may cause the required action to be performed and assess the costs against the abutting property for collection in the same manner as a property tax. (2007 Code § 41-103)
E. Installments: If any amount assessed against property under subsection D of this section exceeds one hundred dollars ($100.00), the assessment may be paid in ten (10) annual installments, in the same manner and with the same interest rates as provided for assessments against benefited property under the code of Iowa. (2007 Code § 41-104)
F. Procedures For Levy: The procedures for making and levying a special assessment pursuant to subsection D of this section and for an appeal of the assessment are the same procedures as provided under the code of Iowa. (2007 Code § 41-105)
G. Sidewalk Inspection Policy: The city manager shall develop, with the approval of the city council, a written sidewalk inspection policy which shall govern the repair, replacement, reconstruction or temporary repair of sidewalks. (2007 Code § 41-106)