§ 158.17  SIDEWALK CONSTRUCTION.
   (A)   Sidewalks; general requirements.
      (1)   Sidewalks shall be provided on all streets in areas zoned for one- or two-family residential development and on all streets designated on the adopted master thoroughfare plan. The city may require sidewalks in other locations. All required sidewalks shall be constructed by the builder at the time the lot is developed.
      (2)   Sidewalks along streets that are adjacent to common areas shall be built by the developer during development of the subdivision. If the sidewalk is adjacent to a drainage facility or creek, the developer shall install a barrier as prescribed by the Building Official or City Engineer.
      (3)   If, at the time the property is developed, it is determined to be unfeasible to construct the sidewalks as required, the builder shall pay into escrow the estimated cost of the sidewalks. The amount of escrow shall be as determined by the City Engineer or his or her designated representative, and shall be payable prior to construction of any buildings or other improvements. Where in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, upon recommendation by the City Planning and Zoning Commission, the City Council may, in specific cases, at a regular meeting of the City Council, and subject to appropriate conditions and safeguards, authorize special exceptions to these regulations in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship.
      (4)   In the event that an existing subdivision has been substantially developed (50% completion) without the construction of sidewalks, an owner of property constructing a residence in that subdivision may petition the Building Official for a waiver of the requirements of division (A)(1) above. The Building Official shall grant the waiver unless the Building Official deems that a waiver would endanger the safety of the general public or would otherwise be inconsistent with future development in or around that subdivision.
   (B)   Sidewalk construction.
      (1)   Size and location. All sidewalks shall be at least four feet wide or in conformance with the Pathways Plan, whichever is greater, and shall be located between the curb or grade line of the street and the right of way line, no closer than two feet to the curb or grade line. The City Engineer or Building Official may approve an alteration of the alignment so that the sidewalk meanders within the area between the curb and right of way line.
      (2)   Concrete required. Sidewalks shall be constructed of concrete and shall be reinforced with bars. Construction specifications for sidewalks shall be maintained in the engineering standards of the city.
      (3)   Fire hydrant location. Where a sidewalk is to be constructed and a fire hydrant would be located within the forms, the forms shall curve around the fire hydrant so that the walk misses the fire hydrant by a minimum distance of one foot. A transition of ten feet is required in and out of curved areas.
      (4)   Drainage. All sidewalks shall be built at an elevation that will not impede or be otherwise detrimental to proper lot drainage, with natural grade preferred.
   (C)   Wheel-chair access ramps.
      (1)   Location. A wheel-chair access ramp must be constructed at any point where a proposed sidewalk intersects a city street with the exception of walks leading from the street to the door of a residence. Access ramps must be constructed with a maximum one-inch wide expansion material between the street and ramp flush with the finish grade.
      (2)   Grade. Care shall be taken to ensure a uniform grade meeting ADA requirements on the ramp, free of sags and short grades. Access ramps shall be built to grades no greater that one foot of fall per 12 feet in length.
      (3)   Surface finish. Surface texture of the ramp shall be obtained by coarse brooming, perpendicular to the slope of the ramp.
      (4)   Curb and gutter. The normal gutter line shall be maintained through the area of the ramp. Curb cuts for ramps shall be located as shown on street plans or as approved by the City Engineer.
   (D)   Maintenance.
      (1)   Responsibility for sidewalk maintenance.
         (a)   Duties. It shall be the duty and obligation of all owners and occupants of real property, who have sidewalks located in the right-of-way adjacent to their property, at their own cost and expense, to maintain and keep the sidewalks level and free of depressions, excavations, elevations, inconsistencies, obstacles, obstructions or encroachments, natural or artificial, above or below ground level or which overlap or impinge upon, or appropriate any part of the sidewalk areas or areas within eight feet of the sidewalk.
         (b)   Exceptions.
            1.   Unless otherwise specified herein or by maintenance or development agreement, the requirements for trail maintenance shall not apply to trails designated on the city’s approved comprehensive trail plan, as may be amended from time to time.
            2.   If reported within six months of the occurrence, any damage done to a sidewalk by the city or a contractor of the city shall be repaired by the city or the contractor. Any damage done to a sidewalk by a franchised utility shall be repaired by the franchised utility.
      (2)   Provisions for adequate maintenance of sidewalks.
         (a)   Inspection and notification. When the city determines that any section of sidewalk requires repairs or maintenance, a letter describing the necessary repairs shall be sent to the adjacent property owner of record. The letter shall be personally delivered to the property owner or mailed by regular or certified mail. If the letter cannot be delivered by personal service or by regular or certified mail, notification shall be given by publication in the official newspaper at least twice within 16 consecutive days.
         (b)   Time of response. The property owner shall have 30 days from receipt of the notice described in the preceding division to make the necessary repairs. If weather conditions or other extenuating circumstances dictate, the 30-day period may be extended by the Director of Public Works, provided that the property owner has contacted the Director of Public Works prior to the expiration of the 30-day period.
         (c)   Failure to repair. Any repairs that are not performed by the adjacent property owner, and which are determined to be hazardous to pedestrians or other users of the sidewalk, may be performed by the city or a city contractor. Upon completion of the repairs, the city shall, in the same manner as set forth in division (D)(2)(a) above, provide the property owner with a notice that shall include:
            1.   The identification of the property;
            2.   A description of the violation;
            3.   A statement that the city has made the necessary repairs;
            4.   An explanation of the property owners right to request a hearing within ten days of receipt of the notice; and
            5.   A statement that if the property owner refuses to pay the expenses within 30 days from receipt of the notice, the Mayor or his or her designee shall obtain a lien against the property by filing with the County Clerk a notice of lien and statement of expenses incurred.
         (d)   Request for hearing. The property owner may file a written request for a hearing with the City Council in order to contest the amount or validity of the charges. Upon receipt of a timely request, a hearing shall be set before the City Council.
         (e)   Filing of lien. If no hearing is requested, if a hearing is not timely requested, or if a hearing is held and the charges are determined to be valid, and the property owner fails or refuses to pay the charges within 30 days from receipt of the notice to pay, the City Council may assess the costs incurred against the adjacent property owner, whereupon the Mayor or his or her designee shall file a notice of lien and statement with the County Clerk of the costs incurred for the repair of the sidewalk and the city shall have a privileged lien on the property second only to tax liens and liens filed by the city for street or utility improvements. The notice of lien shall state the name of the property owner of record and the legal description of the property. The lien shall bear interest at the rate of 10% per annum from the date the work was performed or payment therefore was made by the city.
(2005 Code, § 13-1-17)  (Ord. passed 4-21-2005; Ord. 060323B, passed 3-23-2006; Ord. 070816A, passed 8-16-2007; Ord. 130709A, passed 7-9-2013)