SECTION:
14.32.005: Installation Of Street Improvements Required
14.32.010: Sidewalk, Drive Approach, Curb And Gutter Repair Or Replacement And Maintenance Responsibilities
14.32.020: Inspections
14.32.030: Notice To Repair
14.32.040: Permits For Repairs Required When
14.32.050: Repair By City
14.32.060: Right Of Review; Request; Hearing
14.32.070: Stay Of Notice To Repair
14.32.080: Encroachment Or Obstruction Of Sidewalks Or Curb Ramps Prohibited
14.32.090: Reserved
14.32.100: Snow Removal; Required
14.32.110: Snow Removal; Clogging Gutter Prohibited
14.32.120: Obstructing Sidewalk Or Curb Ramp While Receiving Goods
14.32.130: Cellar Doors
14.32.140: Driving Or Riding On Sidewalks Prohibited
14.32.150: Games On Sidewalks, Curb Ramps Or Streets
14.32.160: Loitering Prohibited
A. Included Improvements: An owner of property who constructs upon or otherwise improves that property by redevelopment, increasing the square footage of primary or secondary structures, or a change of use of the same as per applicable building permits, shall also improve the abutting public right of way. The improvements required by this section include the installation of curb, gutter, sidewalk and street paving along the entire frontage of the property being improved, and also include the replacement of existing pavement, curb, gutter or sidewalk if any of these improvements have deteriorated to a degree that replacement or repair is required, as determined by the city engineer.
B. Permits And Certificates Conditioned Upon Compliance: The issuance of a building permit, and the subsequent final inspection approval and permanent certificate of occupancy, shall be conditioned upon the owner's compliance with this section.
C. Deferral: The City Manager may approve a written deferral of installation of improvements required by this section upon the recommendation of the city public works director, and under such terms and conditions as will assure future installation of required improvements. (Ord. 03-07, 3-20-2003; amd. Ord. 2015-02, 2-5-2015; Ord. 2021-08, 4-8-2021)
A. Owner Responsible: The owner of a parcel of property abutting a public right of way is responsible for maintenance, replacement or repair of curb, gutter or sidewalk and public improvements, such as park strip, landscaping, and street trees as per Street Tree Preservation Section 13.77 abutting the owner’s property which has deteriorated to a degree which the city engineer determines requires repair or replacement. Nothing in this section shall be construed to limit the liability of any person causing damage to curb, gutter or sidewalk located in a public right of way. A person who damages any curb, gutter or sidewalk, negligently or otherwise, is liable for the full cost of replacement.
B. Repair By City; Conditions: If the City Manager, upon the advice of the City Engineer, finds that existing curb and gutter, drive approach or sidewalk fronting on parcels which have a single-family dwelling or a duplex use require replacement for safety reasons, and that inclusion of the repair in a special improvement district is not practical, the city public services department may cause the repair work to be done, subject to the following conditions:
1. The public services director finds that the city has sufficient personnel and related support resources to accomplish the repair work; and
2. Sufficient budgeted funds are available to pay for the repair work.
C. Order Of Priority: Proposed repair requests under this section will generally be given priority according to the prioritized list maintained by the city engineer. The city engineer may assign a different order of priority to requests to maximize efficient utilization of resources or to coordinate repair work with other public works projects.
D. Reimbursement By City: If the owner of a parcel of property wants to remove and replace the curb and gutter, drive approach, or sidewalk on public property because of deteriorated conditions as defined by standards adopted by the city engineer, with prior written approval and agreement of the city, the city, subject to availability of funds, may reimburse the eligible participant fifty percent (50%) of the cost of the eligible project, not to exceed one thousand dollars ($1,000.00) per lot/parcel. For purposes of this section, “eligible project” means a new, replacement, or repaired sidewalk curb and or gutter that has complied with a process adopted by the city, that is located in a residential area within the city, and that is not subject to a delay agreement or a required improvement by the City of Holladay Planning Commission. For purposes of this section, “eligible participant” means a property owner of a residential property located in the city. In such case, the eligible participant shall, subject to city standards, make the improvements or employ a contractor to make the improvements. (Ord. 03-07, 3-20-2003; amd. Ord. 2021-08, 4-8-2021)
The city, through the Community and Economic Development, shall adopt policies for use by the city, developers and others in the overall layout and design of streets. The city may inspect the condition of the public curbs, gutters and sidewalks to determine any defects or needed repairs. (1999 Code; amd. Ord. 2021-08, 4-8-2021)
A. Notice; Content: Notice of needed repairs or defects in the public curbs, curb ramps, gutters and sidewalks shall be sent to the owner of the abutting property as shown on the records of the county recorder. Such notice shall specify the repairs needed or the defect and shall state a deadline for completing the repairs. A review of such deadline shall not be earlier than thirty (30) nor later than sixty (60) days after the date of the notice. The notice shall specifically instruct the property owner of his obligation under this chapter and of his opportunity for review.
B. Fifty Percent Paid By City: As per processes described in this title, the owner of abutting improvements in need of repair, may petition in writing, upon forms approved by the city, to pay fifty percent (50%) of the cost thereof in advance. The amount of cost participation by the city may exceed one thousand dollars ($1,000.00). If the petition is granted by the city, the city shall, subject to availability of funds, pay the remaining fifty percent (50%) of the cost of replacement. In such case, the city shall make the replacement or employ a contractor to make the same.
C. Special Improvement District: The city may propose the creation of a special improvement district to make the required repairs and to levy assessment on property in accordance with the Utah municipal improvement district act, Utah Code Annotated section 17A-3-301 et seq. The creation of improvement districts requires notice to property owners, hearing, and opportunity for owners to protest. Districts may be defeated if a sufficient number of protests are filed, as defined by statute.
D. Provisions Not Preclusion: This section does not preclude the city from replacing defective sidewalks abutting private property, at its own expense, as it may otherwise deem appropriate. (1999 Code; amd. Ord. 2015-02, 2-5-2015; Ord. 2021-08, 4-8-2021)
In the event that the property owner fails to complete the repairs or to seek review within the time specified in the notice, the city may at its option make the repairs with the implied consent of the owner. The city attorney may instigate civil suit on behalf of the city to recover the city's costs of repair, plus interest, attorney fees and court costs. (1999 Code)
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