CHAPTER 7
REPAIR OR REPLACEMENT OF PUBLIC WAY IMPROVEMENTS

SECTION:

7-7-1: Definitions

7-7-2: Defective Concrete; Repair Options

7-7-3: Concrete Work; Standards And Specifications

7-7-4: Approval And Permits Required

7-7-5: Suspension Of Work For Noncompliance

7-7-6: Compliance With Street Surface Specifications Required

7-7-7: Sidewalk Replacement Program

7-7-1: DEFINITIONS:

DEFECTIVE CONCRETE: Any sidewalk, curb, gutter, driveway approach or appurtenances which requires extraordinary repairs.

EXTRAORDINARY REPAIRS: When the lineal footage of necessary repairs or replacement to any sidewalk, curb, gutter, or paving exceeds six percent (6%) of the total lineal footage in front of, or alongside, a piece of property, or when a driveway approach to an establishment ordinarily used by the general public requires repairs or replacement to eliminate a condition that is hazardous to the public, as determined by the Director of Public Works, or when a gutter overhaul requires repairs or replacement to prevent interference with the normal flow of water in the gutter.

ORDINARY REPAIRS: When the lineal footage of necessary repairs or replacement to any sidewalk, curb, gutter, or paving do not exceed six percent (6%) of the total lineal footage in front of, or alongside, a piece of property.

REPAVING OR REBUILDING: Extraordinary repairs to sidewalks, curbs, gutters and paving of a scope and magnitude involving major work, as determined by the Director of Public Works.

UNITS: Every length of a lineal measure, as shown by assessment rolls, and of the breadth of original construction of any sidewalk, curb, gutter, paving or macadamizing, lying and being in front of any piece of property and within lines drawn through the center and sides, of the street, and the side lines of a piece of property extended to the center of the street and at a ninety degrees (90°) thereto. Each unit shall be made up and consist of "subunits". For sidewalks, the "subunit" of a "unit" shall be one hundred fifty (150) square feet; for curbs and gutters, the "subunit" shall be twenty five (25) lineal feet; and for street paving or macadamizing, the "subunit" contained in any "unit" shall be considered as and called a "subunit".

(1979 Code § 12.20.010; amd. Ord. 97-83, 10-28-1997)

7-7-2: DEFECTIVE CONCRETE; REPAIR OPTIONS:

The replacement of any defective concrete may be made and the costs paid as follows:

   A.   Owner Replacement: The owner of adjacent property may employ a contractor to make the required replacement. Such replacement must be done according to City specifications, to the satisfaction and approval of the City Engineer, only after obtaining the required permit. Replacement made under this subsection shall be at the sole cost and expense of the owner. Election by the owner to proceed under this subsection shall be entirely voluntary on the part of the owner.

   B.   Sidewalk/Curb And Gutter Replacement Program: If the adjacent property qualifies and monies are available, the adjacent property owner may agree in writing, upon forms approved by the City Attorney, to pay in advance fifty percent (50%) of the cost for such sidewalk or curb and gutter replacement under the sidewalk/curb and gutter replacement program, as provided in section 7-7-7 of this chapter.

   C.   New Development: If the determination is made as part of site plan review for new development under the zoning ordinances of the city that the sidewalk, curb, gutter, and drive approaches require extraordinary repairs, the owner or developer shall replace such defective concrete, at the owner's or developer's cost, as a condition of such development approval.

   D.   Municipal Improvement District: The city may create a municipal improvement district for the purpose of making the required replacement after such district is created, and levies assessed on the adjacent property in accordance with chapter 8 of this title. The assessment of the owner's portion of the total replacement cost shall be equal to the benefit resulting to the adjacent property in accordance with chapter 8 of this title, unless modified by the city council as provided therein. Such assessment may be paid by the owner of the property over an extended period of time as determined in the resolution creating the district and the subsequent assessment ordinance.

   E.   Repair Or Replacement By City:

      1.   Ordinary Repairs: The public works department may make ordinary repairs, or extraordinary repairs not requiring repaving or rebuilding, utilizing funds provided in the department's operating budgets.

      2.   Repaving Or Rebuilding: The public works department may make extraordinary repairs requiring repaving or rebuilding by municipal improvement districts established for that purpose, as provided in chapter 8 of this title or as approved in the capital improvement plan as part of the city's annual budget.

(1979 Code § 12.20.020; amd. Ord. 97-83, 10-28-1997)

7-7-3: CONCRETE WORK; STANDARDS AND SPECIFICATIONS:

All concrete work performed in the public way shall comply with the standards and specifications for concrete work provided in the engineering standards adopted pursuant to chapter 6 of this title.

(1979 Code § 12.20.030; amd. Ord. 97-83, 10-28-1997)

7-7-4: APPROVAL AND PERMITS REQUIRED:

Cement work of any kind or character on the streets, sidewalks, curbs, or gutters of the city shall be accomplished only by a licensed contractor, except as otherwise allowed under section 7-7-7 of this chapter. The contractor, or other authorized person, shall not begin such work until it has first been approved and a permit issued by the city engineer in accordance with chapter 5 of this title.

(1979 Code § 12.20.040; amd. Ord. 97-83, 10-28-1997; Ord. 2002-19, 4-2-2002, eff. 4-14-2002)