136.01 Purpose | 136.10 Interference with Sidewalk Improvements |
136.02 Definitions | 136.11 Encroaching Steps |
136.03 Removal of Snow, Ice and Accumulations | 136.12 Openings and Enclosures |
136.04 Duty to Maintain | 136.13 Fires or Fuel on Sidewalks |
136.05 Authority to Order Repairs, Financing and Inspections | 136.14 Defacing |
136.06 [Reserved for Future Use] | 136.15 Debris on Sidewalks |
136.07 Plans, Specifications and Permits | 136.16 Merchandise Display |
136.08 [Reserved for Future Use] | 136.17 Sales Stands |
136.09 [Reserved for Future Use] | 136.18 Sidewalk Cafés |
As used in this chapter, the following words have the following meanings:
1. "Defect" or "defective condition" means a public sidewalk that exhibits one or more of the following characteristics:
A. A vertical separation equal to three-fourths of one inch or more;
B. A horizontal separation equal to three-fourths of one inch or more;
C. Holes or depressions equal to three-fourths of one inch or more;
D. Spalling (chipping, flaking, or crumbling) over 50 percent of a single square or panel of sidewalk with one or more depressions equal to one-half inch or more;
E. A single square or panel of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot, cracked into three or more pieces or is cracked in such a manner that it constitutes a danger or potential danger to the public;
F. A sidewalk with any part thereof missing to its full depth;
G. A sidewalk that is raised or sunken more than two inches in eight feet;
H. Covered in whole or in part with weeds or other plants, garbage, junk, rubbish, debris, solid waste, bird or animal droppings or any nuisances, obstructions or hazards that makes or tends to make pedestrian travel either dangerous, impractical or offensive.
2. "Maintain" or "maintenance" means the duty to repair or remove and replace a public sidewalk, or a portion of a public sidewalk, with all work to be performed in accordance with established City Construction Specifications in effect at the time the work is commenced, rendering the sidewalk free from defect.
3. "Person" means an individual, partnership, corporation or other business entity and any governmental body. It shall refer to an owner of property and to all contractors and sub-contractors performing sidewalk work for an owner within the City.
4. "Property owner" or "owner" means the record holder of legal title, the contract purchaser, if any, the holder of a Sheriff's Certificate or Sheriff's Deed or in the case of a parcel of real property that is subject to a pending foreclosure action by a creditor or mortgagee, the creditor or mortgagee in addition to the owner.
5. "Sidewalk" means the paved portion of that area between the curb lines of the roadway and the adjacent property lines intended for the use of pedestrians, including all permanent, public walks in business, residential or suburban areas.
(Ord. 930 - Jan. 09 Supp.)
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 a reasonable time, 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])
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