(A) (1) Concurrent with the issuance of the building permit, and as a part thereof, for construction of a dwelling or business structure or an addition to a dwelling or business structure, the value of which is $5,000 or more except for structures within the industrial or Residential Zone, the owner, builder or contractor shall obtain a sidewalk construction permit for the construction of a sidewalk within the dedicated right-of-way for the full frontage on which a sidewalk in good repair does not exist.
(2) The sidewalk construction shall be completed within the building construction period or within one year after the sidewalk permit is issued, whichever is the lesser.
(B) The City Recorder may issue a permit and certificate allowing non-compliance of the provisions of division (A) above to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons:
(1) Sidewalk grades have not and cannot be established for the property in question within a reasonable period of time;
(2) Future installation of public utilities or street paving which would out of necessity cause severe damage to the sidewalk; and
(3) Right-of-way would not be sufficient to accommodate the sidewalk on one or both sides of the street.
(C) If the owner, builder or contractor considers the construction of a sidewalk impractical for any reason other than those listed in division (B) above, the City Council shall recommend whether a permit or certificate of non-compliance shall be or shall not be granted, and the City Council may grant a permit and certificate of non-compliance.
(D) If a sidewalk is not constructed within the time required for these sections, then the city may construct it for the full street frontage in front of the property and proceed with the construction assessment and collection of costs.
(Ord. 94-16, passed 12-16-1994)