(1) The sidewalks of the all public streets, and the roadways and sidewalks of all private streets, shall be graded, curbed, paved and kept in repair at the expense of the owners of the land fronting thereon, except as otherwise provided in this Section.
(2) Whenever the Department of Streets determines that it is necessary to grade, pave, repave, or repair the sidewalks and to set or reset the curb of any public street in the City, it shall give written notice of the Department's intention to have such work done and the provisions of this Section to the owner of the property adjoining which such work is to be done, or to his agent or the person in possession of such property, or, if opposite any alley or driveway, to all the owners, agents, or persons in possession of the properties abutting on, having the use of, the alley or driveway opposite which the sidewalk or curb work is to be done. If the Department of Streets is unable to serve the above persons, then the notice shall be posted upon a conspicuous part of the property.
(3) Whenever under the provisions of this Section the Department of Streets is to have any work done, the Procurement Department is authorized to enter into a contract for such work, which shall be done in accordance with plans and specifications of the Department of Streets and pursuant to existing laws and ordinances.
(4) Any contract authorized by subsection 11-505(3) may be combined with an otherwise authorized contract for the paving or repaving of a street, but the work provided for in this Section shall be done and the expense thereof assessed or collected in accordance with this Section.
(5) Upon the completion of any work done under a contract entered into pursuant to this Section:
(a) the surveyor of the district in which the work is located shall compute the cost thereof in accordance with the provisions of the contract;
(b) the surveyor shall assess the cost for sidewalks and curbs against the properties abutting on the sidewalks and curbs in the names of the registered owner, provided that the total of such assessments shall not exceed thirty percent (30%) of the total cost of the work and that each registered owner shall pay in proportion to their property width, and the bills shall be returned in duplicate to the Department of Streets;
(c) the bills may be endorsed by the Department of Streets in favor of the contractor and delivered to the contractor in lieu of cash if the contract so provides;
(d) one copy of each bill shall be served upon the registered owner of the property or if the owner cannot be found it shall be left upon the premises; and
(e) if the bill is not paid within 30 days from its service upon the owner of the property, a lien for the amount of the bill together with a penalty of six percent (6%) may be filed in the proper court against the property and the owner.
(6) All sidewalks, curbs, and driveways across sidewalks shall be laid or set in accordance with the provisions of this Chapter and the regulations of the Department of Streets, which may include regulations governing construction of Americans with Disability Act (ADA) compliant curb ramps by utilities and owners of properties abutting intersections. 61
(7) When curb is to be set at corners of streets or at angles thereof, curved curb shall be placed to the radii determined by the district surveyor. The Department of Streets is authorized to replace existing curb with curved curb when a street is being paved or repaved, or when public convenience requires it.
(a) Where curb has not previously been set, it shall be paid for by the owner of the property adjacent to the angle or corner.
(b) Where curb now set is altered to a curve, it shall be paid for by the City.
(c) The owner of the adjacent property shall keep the curb in repair.
(8) Whenever any street is to be paved, repaved or resurfaced, and replacement of existing curb and/or sidewalk is a necessary element of the street improvement in the judgment of the Department of Streets, such curb and/or sidewalk replacement shall be at the expense of the City; provided however, that the curb and/or replacement be for the restoration of the existing curb and/or sidewalk and not in any way for the maintenance of the same. 62
(9) All contractors employed in the construction, reconstruction, setting or resetting of curb and the paving or repaving of footways, shall:
(a) be registered with the Department of Licenses and Inspections and pay a non-refundable application fee of twenty dollars ($20), which fee shall be credited toward the annual fee upon registration, and an annual fee of fifty dollars ($50), or such other amounts as may be established by regulations of the Department of Licenses and Inspections, to cover costs of program administration, that are effective on or after July 1, 2018, provided that the fee shall not be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code; 63
(b) file a bond annually with the Law Department in the sum of one thousand dollars ($1,000), or such other amount as may be established by regulation, in form and with surety as required by the Law Department, to indemnify the City and property owner against loss caused by the City ordering defective work to be remedied at the expense of either the City or the property owner; 64
(c) in each instance obtain a permit from the Department of Licenses and Inspections stating the character of the curb to be set or reset, or the character, location and width of the footway or driveway to be laid or relaid, and the specifications under which the work is to be done;
(d) in each instance obtain the necessary lines and grades from the district surveyor before commencing work. 65
(10) Enforcement.
(a) Any person who fails to comply with the provisions of this Section, or who unlawfully sets or resets curb or paves or repaves sidewalks of driveways not in conformity with the specifications of the Department of Streets or with lines and grades furnished by the district surveyor, shall, in addition to any other fines or penalties prescribed by this Code, be refused further permits and prohibited from doing any work provided for in this Section until he corrects the violation.
(b) When any curb is set or sidewalk or driveway paved contrary to the provisions of this Section, the Department of Streets may:
(.1) tear up and remove the sidewalk, driveway, pavement or curb;
(.2) construct the sidewalk or driveway or set the curb in the manner provided in this Section;
(.3) file a lien for the cost thereof, including the cost of tearing up, removing, and setting in the manner provided in this Section.
(11) The Department is authorized to charge fees for the review of ADA ramp plans, including fees for accelerated review, and for fees paid to the City for the City or its contractors to install ADA-complaint curb ramps in lieu of installation of such ramps by utilities and owners of properties abutting intersections, which fees shall be established by the Department by regulation. 66
Notes
| 60 | Source: 1855 Ordinances, p. 140, § 1; 1916 Ordinances, p. 376, as amended. Amended, Bill No. 030714 (became law December 18, 2003). |
| 61 | |
| 62 | Amended, 1973 Ordinances, p. 767; amended, 1974 Ordinances, p. 1130; amended, 1978 Ordinances, p. 1. |
| 63 | Amended, 1988 Ordinances, p. 339; amended, Bill No. 170165 (approved April 4, 2017). |
| 64 | Amended, Bill No. 170165 (approved April 4, 2017). |
| 65 | Source: 1951 Ordinances, p. 553. |
| 66 |