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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])
1. Owner's Obligation. The owner of any property abutting a public sidewalk shall maintain the sidewalk in a safe condition, in a state of good repair and free from defects. The abutting property owner shall be liable for damages caused by failure to properly maintain the sidewalk. In the sole discretion of the City and if funds and personnel are available for the same, the Building Official may, but is not required to, conduct voluntary inspections of City sidewalks to assure that the owners of property abutting sidewalks are complying with the maintenance requirements imposed by this section. If, through voluntary inspection or otherwise, it comes to the attention of the Building Official that an owner of property abutting a sidewalk is not complying with the maintenance requirements imposed herein, the Building Official shall cause to be served upon the property owner, by certified mail-return receipt and by ordinary first class mail addressed to the property owner's last known address as shown by the records of the County Auditor, a notice that if the property owner does not cure the defects in the sidewalk within 60 days from the date of the notice, the Building Official may, in the sole discretion of the City Council, do so and assess the costs of such work against the property to be collected as taxes pursuant to Section 136.05(1). Notice shall be complete upon mailing.
2. Failure to Complete; Penalties. Failure of the abutting property owner to complete the maintenance or repairs within 60 days of the date of notice shall constitute a municipal infraction punishable by a monetary penalty established by the City Council in the Appendix to this Code and shall be available to the Building Official as a remedy in addition to all other remedies in this section and otherwise provided by law.
3. Barricades Authorized; Penalties. In the sole discretion of the City Council and if funds and personnel are available for the same, the Building Official or his or her designee may, but is not required to, place barricades or other devices or materials in such places as may serve to protect the public from sidewalks that are not in compliance with the maintenance requirements imposed by this section. If such protective devices are placed by the Building Official, they shall not be removed until all sidewalk defects are corrected. Premature removal of the protective devices shall constitute a municipal infraction punishable by a monetary penalty established by the City Council in the Appendix to this Code and shall be available to the Building Official as a remedy in addition to all other remedies in this section and otherwise provided by law.
4. Records Kept. For a period of three years from the date of the following actions or events, the Building Official shall keep records of all sidewalk complaints received, all voluntary sidewalk inspections conducted, notices to cure defects mailed to property owners, protective devices placed and sidewalk work done by the City and shall make the records available at a reasonable cost to all persons who claim to have been damaged or injured as a result of the failure to maintain a sidewalk by an abutting property owner.
5. Recreational Trails Exempt. This section shall not apply to multi-use recreational trails.
(Ord. 930 - Jan. 09 Supp.)
1. Council May Order Repairs or Construction. The City Council may, on its own initiative, by petition from an interested citizen or by request from the City Administrator or Building Official, approve or order the construction or reconstruction of sidewalks upon any street, highway, avenue, public ground, landing or marketplace within the corporate limits.
2. Council May Implement Inspection Program. The City Council may, but shall not be required to, adopt by written resolution a citywide sidewalk inspection program for the purpose of locating defective sidewalks within the City and notifying the owners of the repairs required. Any such program shall be under the general supervision of the City Administrator and shall be implemented by the Building Official.
3. Procedure for Levy of Special Assessments and Financing.
A. Construction of New Sidewalk. If the resolution ordering construction of a new sidewalk provides that all or any portion of the costs thereof shall be assessed against the lots or parcels of land in front of which or abutting which the sidewalk shall be constructed, the procedures for making and levying a special assessment pursuant to this subsection and for an appeal of the assessment shall be the same procedures as are provided in Iowa Code § 384.37, et seq., pertaining to special assessments.
B. Reconstruction of Existing Sidewalk. If the resolution ordering reconstruction of an existing sidewalk provides that all or any portion of the costs thereof shall be assessed against the lots or parcels of land in front of which or abutting which the sidewalk shall be reconstructed, the procedures for making and levying a special assessment pursuant to this subsection and for an appeal of the assessment shall be the same procedures as are provided in Iowa Code §§ 364.12, 364.13B, 384.59 through 384.67, and 384.72 through 384.75, inclusive.
C. Alternative Financing Procedures. If the City elects to avoid the assessment procedures mentioned above, the City Council may adopt, by resolution, any alternative financing procedure allowed by law which it deems in the best interests of the City and the affected property owners. The alternative procedure may include a cost sharing formula if the Council so elects.
(Ord. 930 - Jan. 09 Supp.)
1. City Standard Specifications. Permanent sidewalks shall be constructed in accordance with the City's Standard Specifications which shall be the Urban Standard Specifications for Public Improvements (SUDAS) as amended by the City's Building Official. All sidewalks shall be constructed of brick, stone, Portland concrete cement (PCC) or architectural pavers, all of which shall be subject to approval by the Building Official.
2. Permit and Inspection Required. No person shall construct, reconstruct or remove any sidewalk either for the purpose of rebuilding or replacing the sidewalk whether ordered by the City Council or not, or proceed with the work of removing the present sidewalk, excavating, filling or depositing material for the construction or reconstruction of any sidewalk, unless such person shall first obtain a building permit from the Building Official as required by City Code Section 135.10. Any person requesting a permit to construct, reconstruct or remove any sidewalk shall, upon application for the permit, agree that he or she will, in the removal, construction, reconstruction or repair of such sidewalk, comply with this Code, with other related City ordinances and with the specifications for sidewalks as prepared by the City and approved by the City Council. Such work shall be done under the direction, supervision and subject to the inspection and approval of the Building Official.
3. City Staff and City Contractors Exempt. City work forces and City contractors are exempt from the permit requirement when engaged in the construction or reconstruction of sidewalks at the direction of and on behalf of the City.
(Ord. 930 - Jan. 09 Supp.)
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