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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)
Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:
1. Cement. Type I Portland cement shall be the only cement used in the preparation of Portland cement concrete for construction and repair of sidewalks.
2. Portland Cement Concrete. Portland cement concrete shall be prepared and supplied by a licensed ready-mix concrete plant and shall meet the specifications for materials and installation contained in the Public Improvement Design Standards.
3. Construction. Sidewalks shall be of one-course construction.
4. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the City.
5. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.
6. Length, Width and Depth. Length, width and depth requirements are as follows:
A. Where residential sidewalks currently exist, residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall be no more than four (4) feet in length. Where there are no sidewalks present, or more than seventy-five (75%) percent of the existing panels need replacement, sidewalks shall be five (5) wide, four (4) inches thick and no more than five (5) feet in length.
B. Business District sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length.
C. Driveway areas shall be not less than six (6) inches in thickness.
6. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the Council establishes a different distance due to special circumstances.
7. Grade. Curb tops shall be on level with the centerline of the street which shall be the established grade.
8. Elevations. The street edge of a sidewalk shall be at an elevation of not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.
9. Slope. All sidewalks shall have a cross slope of 1.5%.
10. Joint Filler. A one-half (½) inch non-extruding type expansion joint shall be provided between all sidewalks and adjoining backs of curbs and between intersecting sidewalks and between sidewalks and driveways.
11. Finish. All sidewalks shall be finished with a "broom" finish.
12. Ramps for Persons with Disabilities. Ramps required at the intersections shall be constructed to meet the Iowa DOT Design Manual for Accessible Sidewalk Design and inspected by City staff prior to construction.
Whenever any material of any kind is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.
It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.
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