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136.01 Purpose | 136.10 Failure to Repair or Barricade |
136.02 Definitions | 136.11 Interference with Sidewalk Improvements |
136.03 Removal of Snow, Ice and Accumulations | 136.12 Encroaching Steps |
136.04 Responsibility for Maintenance | 136.13 Openings and Enclosures |
136.05 City May Order Repairs | 136.14 Fires or Fuel on Sidewalks |
136.06 Sidewalk Construction Ordered | 136.15 Defacing |
136.07 Permit Required | 136.16 Debris on Sidewalks |
136.08 Sidewalk Standards | 136.17 Merchandise Display |
136.09 Barricades and Warning Lights | 136.18 Sales Stands |
The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.
For use in this chapter the following terms are defined:
1. “Broom finish” means a sidewalk finish that is made by dragging the sidewalk when it is hardening with a bristle broom.
2. “Defective sidewalk” means any public sidewalk exhibiting one or more of the following characteristics:
A. Vertical separations equal to one-half (½) inch or more.
B. Horizontal separations equal to one-half (½) inch or more.
C. Holes or depressions equal to one-half (½) inch or more and at least four (4) inches in diameter.
D. Spalling over fifty percent (50%) percent of a single square of the sidewalk with one or more depressions equal to one-half (½) inch or more. This shall also include panels that have deteriorating damage over a majority of the surface area causing the panel to improperly drain.
E. Spalling over less than fifty (50%) percent of a single square of the sidewalk with one or more depressions equal to one-half (½) inch or more.
F. A single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot.
G. A sidewalk with any part thereof missing to the full depth.
H. A change from the design or construction grade equal to or greater than one (1) inch for every four (4) feet.
3. “Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.
4. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.
5. “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.
6. “Portland cement” means Type I Portland cement used in the preparation of ready-mixed concrete.
7. “Portland cement concrete” means fresh, ready-mixed concrete prepared and furnished by a commercial batch plant to the specifications contained in the Public Improvements Design Standards.
8. “Sidewalk” means all permanent public walks in business, residential or other areas of the City where sidewalks are required.
9. “Sidewalk improvements” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.
10. “Spalling” means breaking up into flakes, chips or fragments.
11. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.
It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within forty-eight (48) hours, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2b & e])
It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.
(Code of Iowa, Sec. 364.12 [2c])
If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])
The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.
(Code of Iowa, Sec. 384.38)
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