A. Construction: All sidewalks shall be constructed in accordance with specifications and regulations as provided in section 8-2-020 of this chapter. It shall be unlawful for any person, either as owner, agent, contractor or employee, to construct any sidewalk in Farmington City unless such sidewalk be constructed to lines and grades approved by the city. No permanent sidewalk shall be constructed within the city without having first obtained from the city a permit as required in section 8-2-030 of this chapter. The acceptance of such permit shall be deemed an agreement on the part of such person to construct the sidewalk in accordance with specifications and grades approved by the city.
B. Sidewalk Maintenance And Repair: All owners of real property abutting or fronting upon any street, highway or alley within the city are required to keep the public sidewalks, and private drive approaches connecting with the public sidewalk across or immediately abutting their property in good order and repair. Each such owner shall be liable to the city for all losses to the city or recoveries from the city for damages to persons or property caused by such owner's failure, or that of his agents, to repair and keep in good order and reasonably safe all such sidewalks abutting or fronting owner's property upon any street, highway or alley within the corporate limits of the city.
1. It shall be the responsibility of each owner to notify the city when repair of a public sidewalk is needed. In addition, the city may, on its own initiative or at the request of others, determine if sidewalk repairs shall be performed. Conditions to be considered by the city to decide if a sidewalk shall be repaired pursuant to this section shall include, but not be limited to, any one of the following:
a. Broken sidewalk panels;
b. Sidewalk panels having different elevation at the junction thereof;
c. Sidewalk panels with a deteriorated surface;
d. A finding that the condition of the sidewalk is hazardous for anticipated users thereof; or
e. A finding that inclusion of the proposed repairs in a special improvement district is not practical or desirable. (Ord. 1991-44, 12-11-1991)
2. It shall be the sole prerogative of the city to determine if repairs shall be performed. Upon rendering of such determination, the owner of real property bounding, abutting, upon or adjacent to a sidewalk which is to be repaired pursuant to this section shall pay a portion of the costs of repair as determined by the city public works director. It shall be initially presumed that the proper allocation of costs will be fifty percent (50%) payment by the abutting owner and fifty percent (50%) by the city; however, this allocation may be modified by the public works director based upon the facts of each particular case and any applicable regulations of the city. If the sidewalk has been damaged by the acts or omissions of the abutting owner or his agents, etc., the entire cost of such damage shall be paid by the owner. All costs not allocated to the property owner shall be paid by the city.
3. The city public works director, or his designee, shall, within thirty (30) days of any request or upon his own initiative, determine as described in subsection B2 of this section, if the sidewalk shall be repaired and shall make the allocation described in subsection B2 of this section between the landowner and the city of the reasonable costs of repair of defective sidewalk. (Ord. 1992-20, 6-17-1992)
4. The owner(s) obligation of payment described in subsection B2 of this section shall not commence until thirty (30) days after the city has mailed written notice (unless the same has been waived in writing) to the owner of real property, which notice shall contain not less than the following:
a. A description of the sidewalk which has been or is proposed to be repaired and the reason therefor;
b. The cost of the repair and the allocation of that cost between the property owner and the city; and
c. A statement that the property owner may appeal any claim by the city for payment and a description of the time and manner in which the same may be done.
5. Any person directly affected by a decision of the city public works director, or his designee, may appeal the same within thirty (30) days after the mailing date of the written notice described in subsection B4 of this section. Appeals shall be in writing and filed with the city recorder requesting that the city council hear the matter. The city recorder shall then put the matter on the next available city council agenda and notify the property owner of the date and time of the hearing. The appeal hearing shall be informal and need not be reported. At such hearing, the owner may present such evidence and argument as is pertinent to appealing the decision of the city public works director. The city council shall also permit the presentation of evidence or argument by the city public works director and other interested parties. Thereafter, within not more than fifteen (15) days, the city council shall render its written decision, a copy of which shall be mailed to or served upon the property owner. The property owner shall be subject to the terms of the decision.
6. The city may agree to reasonable terms, including the payment of interest, for the payment of the share of costs to be paid by the property owner. The city may bring a civil action and collect any unpaid sum, including interest, costs and a reasonable attorney fee which is owed pursuant to this section. In addition, should the property owner fail to make payment to the city for the property owner's share of the costs of repair, said portion of the costs of repair shall constitute a lien against the real property of owner. If such lien is not satisfied within sixty (60) days after being filed of record, the city may seek to foreclose the lien in the manner provided in Utah Code Annotated title 38, for the enforcement of mechanics' liens.
7. The purpose of this section is to avoid liability to Farmington City and to the owners of private property because of defective sidewalks.
8. This section shall not apply to the new construction of sidewalks in subdivisions or other places within the city. This section shall not prohibit the repair of sidewalks for reasons other than those described in subsection B1 of this section if the same is done at the property owner's sole expense and according to applicable law and city specifications. (Ord. 1991-44, 12-11-1991)
C. Obstructions In Street Or Public Way: It shall be unlawful for any person owning, occupying or having control of any premises to place or permit to be placed on or in or over the sidewalk, parking area, gutter, street or any other public way next to such premises:
1. Any building materials, dirt, refuse, dead trees, tree stumps, fencing, lumber, merchandise or any other thing which will obstruct such public streets, gutters, parking and areas, sidewalks or any other public way except as expressly authorized by ordinance and for the two (2) week period prior to spring cleanup;
2. Any recreational equipment or facilities, including basketball standards, backboards, nets or other sports equipment or structures of any kind which will obstruct such public streets, gutters, parking areas, sidewalks or any other public way, or which require persons to occupy the street or public way in order to use such structures or facilities. (Ord. 2007-40, 8-21-2007)
D. Snow Removal: It shall be the duty of the owner, occupant, lessor or agent of any property abutting on any sidewalk to remove or cause to be removed from such paved sidewalk all hail, snow or sleet falling thereon, within a forty eight (48) hour period after the hail, snow or sleet has ceased falling.
E. Sweeping Of Business Sidewalks: It shall be the duty for the owners or occupants of places of business within the city to cause the sidewalks abutting thereon to be kept swept or cleaned.
F. Driving, Riding On Sidewalks: It shall be unlawful for any person to drive a self-propelled vehicle, other than snow removal equipment, or to ride any animal upon any sidewalk, except at established crossings.
G. Obstructing Free Passage: It shall be unlawful for any person or persons to congregate, loiter or remain standing, lying or sitting on any sidewalk for a longer period than two (2) minutes in such a manner as to obstruct the free passage of pedestrians thereon, or to wilfully remain standing, lying or sitting thereon for more than one minute after being requested to move by any police officer, or to wilfully congregate or remain on any sidewalk in such a manner as to obstruct the free passage of any person or vehicle into or out of property abutting upon the sidewalk or any property having access to such sidewalk. (Ord. 1991-44, 12-11-1991)