§ 95.05  SIDEWALK CONSTRUCTION.
   (A)   It shall be the duty of the Building Inspector or authorized representative to supervise construction or repair of sidewalks within the city.
   (B)   A temporary waiver or permanent waiver of the provisions that require the construction of sidewalks may be obtained from the city provided that the Building Inspector, Zoning Administrator, and City Administrator find, and report to the city:
         (1)   That unusual topographical or exceptional physical conditions exist; or
         (2)   That strict compliance with the regulation would create an extraordinary hardship in the face of the exceptional conditions; or
         (3)   The waiver would provide for innovative design layout of the subdivision or lot in question; or
         (4)   Strict compliance with the regulation would cause a safety concern.
   (C)   Prior to the issuance of any temporary waiver hereunder, and in addition to the provisions hereinabove, the property owner shall execute a lien against the property in question, in favor of the city, to be recorded in the County Clerk’s, to ensure that construction will be completed at a later date should the city later deem construction necessary due to a change in circumstances under which the waiver was granted. No lien will be required if a permanent waiver is granted.
         (1)   The lien should be in an amount, as deemed appropriate by the Building Inspector, after consultation with the City Engineer, together with interest thereon at the rate of three (3) percent per annum, to cover the cost of the construction of the sidewalk in question in the future.
         (2)   The lien provided for herein shall be released upon:
               (a)   Satisfactory completion of construction of the sidewalk in question;
               (b)   Payment of the lien amount to the city.
   (D)   The city may subordinate any lien recorded hereunder to any mortgage lien holder, provided that there is sufficient equity to cover both liens in the event of foreclosure.
   (E)   All existing sidewalks within the City of Independence, and those hereafter constructed within the City of Independence, shall be, and shall hereafter become, the sole responsibility of the property owner upon which such sidewalks are located or constructed. This responsibility shall include, but not be limited to, repairs, maintenance, and replacement. Nothing herein shall abrogate the property owner’s rights to seek redress from any person or entity causing damage to the sidewalks.
      (1)   If the city is made aware of a sidewalk that is in ill repair as deemed by staff, the owner shall be given notification via certified mail to repair/replace the sidewalk within 30 days or the city or its representative shall make the needed repairs. The owner shall have 30 days to pay the balance or a lien will be placed on the property in question in a value that is reasonable to the value of labor and materials used to remedy the situation. The lien shall be recorded in the office of the County Clerk in the county where such city is located. The lien shall be notice to all persons from the time of its recording and shall bear interest at the rate of 6% per annum. Repairs shall be made with similar, grade, texture and material and be inspected by a representative of the city.
(Ord. 2004-O-01, passed 1-5-04; Am. Ord. 2011-O-03, passed 1-10-11; Am. Ord. 2013-O-11, passed 9-9-13)