(A) Sidewalks reserved for pedestrians. All sidewalks located within the right-of-way of the public thoroughfares of the city shall be used and reserved for public pedestrian traffic. No person, corporation or entity shall cause the sidewalks to be blocked so as to interfere with the right-of-way of the public thoroughfares for public pedestrian traffic, except as otherwise provided herein.
(Am. Ord. 2000-002, passed 3-20-2000)
(B) Abutting landowner responsible for maintenance. The owner of real property abutting the sidewalk shall be responsible for the repair, maintenance, removal and replacement of the portion of the sidewalk that abuts the owner’s property, as is determined by the city when it finds them to be in need of maintenance, repair, removal and replacement, including all costs associated therewith.
(C) Permit required for installation or removal. No sidewalk shall be removed or replaced by any property owner without the owner or owner’s authorized agent first obtaining a written permit from the city.
(D) Permits applications available from City Clerk/Treasurer. Application for a sidewalk repair, removal or replacement permit shall be made on forms furnished by the city and submitted to the City Clerk/Treasurer.
(E) Permit fees. Fees for a sidewalk repair, removal and replacement permit, payable in advance, are as follows:
(1) Fifty lineal feet or less, $20; and
(2) Each additional 50 feet or fraction thereof, $5.
(F) Duration of permit. A permit shall expire for work not started within 30 days or completed within 90 days after issuance of a permit, and a new permit shall be required before beginning or completing the work.
(G) Sidewalk specifications and contractor approval to be established by City Council. Sidewalks shall be constructed in accordance with details and specifications as established by the City Council. Repairs, removal and replacement of sidewalks shall be performed by contractors who are approved and registered with the city. A list of approved contractors is on file with the City Clerk.
(H) Grade and line to be established. No sidewalk shall be installed unless a grade and line are established therefor. If no grades or lines are available, sidewalks may be installed, but they shall be removed, modified or replaced to conform to grades and lines when established by the city at the sole cost of the property owner abutting the sidewalk.
(I) City may designate sidewalk improvement projects. The city may from time to time designate sidewalk improvement and/or construction projects by adoption of supplementary ordinances under the guidelines of this section.
(J) City may construct sidewalks. The city may, either at its own expense or on a shared cost basis, repair, remove and replace sidewalks within the city upon adoption by the City Council of a plan for the construction or replacement of sidewalks. The plan must show the location of the sidewalks to be repaired, removed and replaced and contain a finding by the City Council that construction or replacement of the sidewalks will promote public safety, welfare and well being of its citizens. Upon completion of construction, the cost of repair, removal and replacement of any sidewalks performed by the city shall be the responsibility of the abutting landowner in accordance with division (B) above, or as the city may otherwise approve and resolve by resolution.
(K) Lien of city for repair, removal and replacement. For any portion or sections of sidewalk that the city determines is in need of repair, removal or replacement, the city shall give written notice to the property owner who shall have 21 days from the date of notice to obtain the required permit. If the repair or replacement of the sidewalk subject to the notice is not made within the required period of time ste forth above, the city may commence repair, removal and replacement without further notice to the abutting landowner and may file a lien against the owner’s real property in the county clerk’s office to secure payment for the amount incurred by the city for the cost of repair, removal and replacement of the abutting property owner’s sidewalk.
(1997 Code, § 641.1) (Ord. passed 8-6-1990; Am. Ord. 2016-004, passed 6-20-2016) Penalty, see § 91.999