CHAPTER 903
Sidewalks, Curbs and Gutters
903.01   Purpose.
903.02   Owner's duty.
903.03   Notice to construct or repair.
903.04   Work done by City.
903.05   Special assessments.
903.06   General resolutions.
903.07   Assessments by general law.
903.08   Assessments on both sides of street.
903.09   Cleaning sidewalks.
903.10   Sidewalk widths.
903.11   Construction, grading and finishing of sidewalks, drive aprons and ramps.
903.12   Changing sidewalks.
903.13   Construction permit; establishing grade; fee.
903.14   Cash deposit and bond.
 
903.99   Penalty.
   CROSS REFERENCES
   Grade levels - see ADM. 103.01
   Sidewalk obstructions; damage or injury; displays - see GEN. OFF. 559.05
   Curb cutting - see S.U. & P.S. 901.08
   Cleaning sidewalks - see H. & S. 1113.06
903.01 PURPOSE.
   Council hereby determines the necessity to provide for the construction and repair of necessary sidewalks, curbing or gutters, or parts thereof, within the corporate limits of the City.
(Ord. 10483. Passed 10-18-54.)
903.02 OWNER'S DUTY.
   The owners of abutting lots and lands shall keep the sidewalks, curbing, gutters and tree lawns in repair, free from any nuisance, in good order and properly maintained.
(Ord. 166-1971. Passed 6-21-71.)
903.03 NOTICE TO CONSTRUCT OR REPAIR.
   (a)   Whenever Council, by resolution, declares that certain specified sidewalks, curbing or gutters shall be constructed or repaired, the Clerk of Council shall cause a written notice of the passage of such resolution, together with a duplicate of the sidewalk survey indicating which sidewalks are to be repaired, as it pertains to such parcel of land, and the cost per square foot of these repairs, to be served upon the owner or agent of the owner of each parcel of land abutting on such sidewalk, who may be a resident of the City, in the manner provided by law for the service of summons in a civil action, and shall return a copy of the notice to the Service Director, with the time and manner of service endorsed thereon, signed by the officer serving it.
(Ord. 6-1987. Passed 1-20-87.)
   (b)   In the event that it becomes necessary to repair or replace all or a portion of a sidewalk at a single parcel of property pursuant to individual complaint(s), the Service Director is authorized to cause such repair or replacement after the necessity therefor has been determined.
(Ord. 187-1989. Passed 9-5-89.)
   (c)   For the purpose of the service set forth herein, if the owner is not a resident of the City, any person charged with the collection of rents or the payment of taxes on such property, or any person having general control thereof in any way, shall be regarded as the agent of the owner, and the return shall have the like force and effect as the Sheriff's return on summons in a civil action.
   (d)   If it appears in any such return that the owner is a nonresident of the County, or that neither such owner nor his or her agent nor either of their places of residence can be found, publication of a copy of the resolution in a newspaper of general circulation in the City, in the manner provided by general law for service by publication of resolutions for street improvements, shall be deemed sufficient notice to such owner, but no publication of the resolution shall be necessary in the case of construction or repair of sidewalks, curbing and gutters where the notice is served upon the owner or agent.
903.04 WORK DONE BY CITY.
   If the sidewalks, curbing or gutters are not constructed or not repaired within thirty days from the service of notice or completion of the publication, the Service Director may do it or have it done at the expense of the owner. Such work shall be limited to that work outlined in the survey. Residents shall be given three working day's notice, weather permitting, when the City will begin work.
   Inspection costs and related costs shall be assessed on all the property abutting or abounding thereon. Such assessments shall be collected in the same manner as in cases of improvements, with a penalty of five percent and interest for failure to pay at the time fixed by the assessing ordinance.
(Ord. 6-1987. Passed 1-20-87.)
Loading...