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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)
A. Right Of Review: The owner shall have the right to seek review of the notice of repairs through the department and to appeal any decision rendered by the department to the City Manager as provided in subsections B and C of this section.
B. Request Filed; Hearing Scheduled; Notice: The owner may seek review of the notice of repairs by filing a request with the department. The request must be filed within ten (10) business days after the date of the notice of repairs. Upon receipt of the petition requesting a hearing, the department director shall schedule a hearing within ten (10) business days, before himself or his designee, and cause notice thereof to be sent to the petitioner.
C. Notice Of Decision; Appeal: After the hearing, the department director or his designee shall cause written notice of his decision to be sent to petitioner, which notice shall also inform petitioner of his right to appeal to the City Manager. Petitioner may appeal to the City Manager by filing a written request with the city recorder within ten (10) business days after the date of the director’s decision. The petitioner shall be entitled to a hearing within sixty (60) days after the date the appeal is filed. (1999 Code; amd. Ord. 2021-08, 4-8-2021)
The timely filing of a request for hearing with the director of the department, or upon appeal therefrom, a request for hearing before the City Manager, shall stay the terms of the notice of repair during review proceedings, and all deadlines shall be redetermined by the hearing authority. (1999 Code; amd. Ord. 2021-08, 4-8-2021)
It is unlawful for any person owning, occupying or having control of any premises, to place or permit upon the sidewalk, curb ramp or the half of the street next to such premises with any building, fence or other obstruction so as to make the sidewalk narrower than the widths as designated in this title or to alter or eliminate any existing curb ramp:
A. Any broken ware, glass, filth, rubbish, refuse matter, ice, water, mud, garbage, ashes, tin cans or other substances;
B. Any vehicle, lumber, wood, boxes, fencing, building material, dead trees, tree stumps, merchandise, or other thing that obstructs the public street, curb ramp or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the written permission of the city. (1999 Code; amd. Ord. 2021-08, 4-8-2021)
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