(A) It is hereby made the duty of all owners of land abutting on any street or avenue in the city, to construct, reconstruct and maintain in good repair sidewalks, curb and gutters along any street or avenue in accordance with the current established policy on file in the office of the City Engineer.
(B) A sidewalk plan for the city shall be developed by the City Engineer and adopted by resolution of the Council and which may be amended from time to time in the same manner. Sidewalks will be classified as arterial, collector or local, as defined below. This classification will be used to determine the priority for construction and repair: arterials, first; collectors, second; local sidewalks, third. A map of the approved arterial and collector sidewalk routes will be kept on file in the office of the City Engineer. All sidewalks on public rights-of-way shall be concrete constructed according to the standards on file in the City Engineer’s office, five feet in width, and be located with the inside edge of the sidewalk one foot outside the property line where parallel to private frontage. Exceptions to width and location requirements are stated in division (B)(4) below.
(1) Arterial sidewalks shall be located on either side or both sides of all arterial streets, thoroughfares, some collector streets and streets on elementary school walkway routes.
(2) Collector sidewalks shall provide access, where not provided by the arterial system, to parks, apartment and retirement complexes, the middle school, high schools, colleges, hospitals, clinics and business areas, and also provide neighborhood access to the arterial system.
(3) Local sidewalks are all other sidewalks not designated as an approved arterial or collector route. No new local sidewalks are required unless petitioned by affected landowners and approved by the Council, or initiated and approved by the Council. Isolated segments of local sidewalks, abutting on only one landowner, may be removed if requested by the landowner, with permission of the City Engineer. Removal of local sidewalks abutting on more than one landowner requires a petition signed by all abutting landowners and approved by the Council.
(4) (a) The City Engineer is hereby empowered to reduce or increase the width of sidewalk where it is deemed in the best interest of the public.
(b) The City Engineer is hereby empowered to exempt properties from the requirement that the sidewalk be constructed with the inside edge one foot outside the property line when upon investigation he or she determines that:
1. Healthy specimen trees of two inches or greater diameter would be destroyed;
2. Sidewalk alignment within a block would be different from existing walks within the block; and/or
3. Severe grade problems would result.
(c) The City Engineer is hereby empowered to postpone construction of walks required until the time of street construction when a lot or lots abut an unimproved (lacking curb and gutter) street that is expected to be scheduled for improvement at some future date and when, in his or her opinion, a delay of construction to coincide with street construction would be advisable.
(d) Residential type “house walks” (generally perpendicular to the sidewalk or street) on public right-of-way are installed and reconstructed at the option and full expense of the landowner, are exempt from width requirements, are not included in the sidewalk classification (arterial, collector, local), but do require a permit for construction or reconstruction.
(C) (1) If required sidewalks, curbs and gutters are not constructed within the time limits established by the city, or whenever the city shall deem it necessary and expedient to construct, rebuild or repair any of the foregoing, it may adopt a resolution to the effect, which resolution shall specify the place or places where the improvement shall be constructed, rebuilt or repaired, the size and manner of construction thereof and the time within which the same shall be completed. The resolution shall contain the names of the owners of all lots, parts of lots and parcels of ground fronting the street or streets where the improvement or construction is to be constructed, rebuilt or repaired.
(2) The resolution shall be served upon the person named in the resolution at least 30 days prior to the time therein named for the completion of the improvement, be the same sidewalks, curbs or gutters. The resolution shall be served by registered mail or by personal service upon the record owner of the property and the occupant, if the owner does not reside in the city or cannot be found therein, ordering the owner to have the sidewalks, curb or gutter repaired and made safe within 30 days and stating that, if the owner fails to do so, the Council will have the same done, and that the expense thereof must be paid by the owner and that, if unpaid, it will be made special assessment against the property concerned.
(3) If the requested improvement is not made within 30 days after the receipt of the notice, the Council shall, by resolution, order the construction made. If the construction, reconstruction or repair not be made within the time prescribed in the resolution, then the Council may order the same to be done, under the supervision of the City Engineer, by day labor or cause the same to be done by contract to the lowest responsible bidder, the entire expenses thereof to be paid out of the funds as the city shall designate.
(4) If the construction, reconstruction or maintenance work is performed by the city, as set forth above, the City Administrator shall forthwith, upon completion thereof, ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Administrator shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof. When the certificate has been approved it shall be extended as to the cost therein stated as a special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.
(5) (a) All costs of portions of sidewalks crossing private driveways (driveway sections) shall be the obligation of the property owner. Where new sidewalk construction occurs along a street having existing curb and gutter a six-inch thick un-reinforced concrete driveway approach slab, meeting the standards on file in the City Engineer’s office, is required between the sidewalk and the gutter at the full expense of the landowner.
(b) For all sidewalks abutting private property the assessed cost, excluding the cost of driveway sections, shall be a price per linear foot adopted by a resolution of the Council, and which may be amended in the same manner, if the work is done by the city. The resolution, containing the effective date thereof, shall be kept on file in the office of the City Administrator. For walks damaged by city trees, see division (C)(5)(d) below. If the work is done by a licensed paving contractor, see division (C)(5)(e) below. For sidewalks abutting public property, see division (C)(5)(g) below.
(c) The city will pay the cost of all necessary crosswalks, and other walks not abutting on at least one side upon private property, if the work is done by the city or by a licensed paving contractor. (See division (C)(5)(e) below.)
(d) Small segments (up to 12 feet in length) of sidewalk abutting private property which are in good condition, except for damage caused exclusively by the growth of trees on city property or right-of-way will be repaired at city cost if approved in advance by the City Engineer and the work is done by the city.
(e) City participation in eligible work done by a licensed paving contractor shall be limited to a price set by the City Engineer.
(f) All other costs will be the obligation of the property owner.
(g) For all sidewalks abutting public (including federal, state, county, city, public school district and the like) property, the full cost shall be assessed to or paid by the owner.
(6) It is not the intent of this division (C) to, in any manner, limit the use of the procedures and methods set forth in Local Improvement Code of the state, presently beginning with M.S. § 429.011, as the same may from time to time be amended. This division (C) is intended to be an addition and separate procedure to construct, reconstruct or repair sidewalks, curbs and gutters.
(2002 Code, § 5.07) (Ord. 45, Second Series, effective 7-1-1974; Ord. 159, Third Series, effective 12-1-1987; Ord. 166, Third Series, effective 1-31-1988) Penalty, see § 151.999