A. Owner Responsible: It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain such sidewalk in safe and serviceable condition.
B. Reconstruction And Repair: All construction, reconstruction or repair of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be strictly in accordance with specifications and standards on file in the engineering department and open to inspection and copying there.
C. Reconstruction And Repair Of Sidewalks:
1. Notice; No Emergency: Where, in the opinion of the city administrator, no emergency exists, notice of the required repair or reconstruction of a sidewalk shall be given to the owner of the abutting property. Such notice shall require completion of the work within ninety (90) days, and shall be mailed to the owner or owners shown to be such on the records of the county officer who mails tax statements.
2. Notice; Emergency: Where, in the opinion of the city administrator, an emergency exists, notice of the required repair or reconstruction of a sidewalk shall be given to the owner of the abutting property. Such notice shall require completion of the work within ten (10) days, and shall be mailed to the owner or owners shown to be such on the records of the county officer who mails tax statements.
3. Failure Of Owner To Reconstruct Or Make Repairs: If the owner of the abutting property fails to make repairs or accomplish reconstruction of a sidewalk as herein required, the building official shall report such failure to the Council and the Council may order such work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment.
D. Methods Of Procedure:
1. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this section, if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance; and/or
2. With or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with section 429.011, as the same may from time to time be amended.
E. Permit Required: It is a misdemeanor to construct a sidewalk, curb and gutter, driveway or roadway surfacing in any street or other public property in the City without a permit in writing from the building official. Application for such permit shall be made on forms approved and provided by the City, and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same; provided, that no permit shall be required for any such improvement ordered installed by the Council. All applications shall be referred by the building official to the Engineering Department and no permit shall be issued until approval has been received from such department. All such applications shall contain an agreement by the applicant to be bound by this chapter and plans and specifications consistent with the provisions of this chapter and good engineering practices shall also accompany the application. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work.
F. Inspection: The building official shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the building official if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. (1976 Code; amd. 1992 Code)