TITLE 10
PUBLIC WAYS AND PROPERTY

CHAPTER 1
SIDEWALKS AND CURBS

SECTION:

10-1-1: Property Owner's Responsibility

10-1-2: Order Sidewalks Repaired Or Constructed

10-1-3: Notice Of Order

10-1-4: Overseer Of Streets To Certify Costs

10-1-5: Costs Assessed Against Property

10-1-6: Concrete Sidewalks

10-1-7: Supervision Of Construction

10-1-8: Nonconformity To Provisions

10-1-9: Standard Specifications

10-1-10: Removal Of Snow, Ice, Rubbish And Weeds

10-1-1: PROPERTY OWNER'S RESPONSIBILITY:

The property owners of the city shall be responsible for the construction and repair of all sidewalks, curbs and parking between sidewalks and curbs abutting upon their respective properties and on corner lots such responsibility shall include the sidewalks, curbs and parkings to the intersection of the curb lines extended.

All sidewalks and curbs shall be built in the city and all parkings between such sidewalks and curbs, which shall be filled and graded under the provisions of any ordinance or order of the city, shall be built and repaired or filled and graded to conform to the grade designated by the city engineer at the expense of the property owner. The city council may direct such sidewalks and curbs or such parking to be built or repaired or filled or graded as provided by this chapter. The city engineer shall designate the grade upon which such sidewalks or curbs shall be built or repaired and such parking shall be filled and graded and shall issue a permit and instructions therefor whenever application shall be made in due form, setting forth specifically the location of the property in front of which said work is proposed to be done, the nature of the sidewalk or curb to be built or repaired and the parking to be filled or graded, accompanied by the proper charge for furnishing such grade and the inspection of such sidewalk or curbing or parking; provided, however, the city council may, if they deem necessary and proper, dispense with the services of the city engineer in the furnishing of such grades. (1960 Code, Sec. 6-101)

10-1-2: ORDER SIDEWALKS REPAIRED OR CONSTRUCTED:

The city council may, from time to time by order or resolution entered upon its minutes, order and direct the construction or repair of any sidewalk or curb and the filling and grading of parking between sidewalks and curbs or any part thereof in the manner designated in the order; and when any sidewalk or curb shall be so ordered built or repaired or any such parking shall be ordered filled or graded and the owner shall fail or neglect to build or repair the said sidewalk or curb or to fill or grade the said parking, the same may be done by the overseer of streets of the city by order of the council or by the contractor to whom shall be awarded the contract for doing such work as hereinafter provided. (1960 Code, Sec. 6-102)

10-1-3: NOTICE OF ORDER:

   A.   Written Notice: The city clerk shall, upon the passage of any such order or resolution of the city council, cause a written notice to be served on the owner or owners of the property abutting, fronting on or adjacent to the sidewalk or curb to be built or repaired, or the parking to be graded or filled, notifying such owner or owners to build or repair the said sidewalk or curb or grade or fill the said parking, in accordance with the provisions of the ordinances of the city, and the order or resolution directing the said work to be done, within fifteen (15) days from the date of the service of said notice. The said notice must be served by delivering a copy thereof to the owner or his agent, or in case such owner is a nonresident, or his place of abode cannot be found, then the clerk shall cause the said notice to be published at least once a week for four (4) weeks in the official newspaper of the city. (1960 Code, Sec. 6-103)

   B.   Authority Of City After Notice: If, at the expiration of the time for which said notice is given, the said sidewalk or curb shall not be built or repaired or the said parking shall not be filled or graded by the said owner, then the overseer of streets or the contractor to whom may be awarded the contract for doing the said work as hereinafter provided shall proceed as soon as practicable to build or repair the said sidewalk or curb, and fill or grade the said parking as may have been required by said notice and in accordance with the order or resolution directing the said work to be done. (1960 Code, Sec. 6-104)

   C.   Procedure Of Council After Notice: Whenever it shall appear to the satisfaction of the council that due notice has been given the owner of any property requiring them to build or repair sidewalks or curbs or grade or fill parking as provided in this chapter, and that such owner has failed, refused or neglected, within the time required by such notice to do the said work, then the council, at its option, may by resolution direct the overseer of streets to proceed to build or repair such sidewalk or curb or to grade or fill such parking as required by the said order, or the council may direct the clerk to advertise in one newspaper in the city once a week for at least two (2) weeks, for bids for the building and repairing of such sidewalks and curbs, or the filling or grading of such parking and the contract shall be let to the lowest and best responsible bidder therefor; provided, however, that the council may reserve the right to reject any or all bids made under the provisions of this chapter. (1960 Code, Sec. 6-105; amd. 1977 Code)

10-1-4: OVERSEER OF STREETS TO CERTIFY COSTS:

As soon as the building or repairing of any sidewalk or curb or the filling or grading of any parking shall be completed, the work shall be inspected by the city engineer, and if the work shall have been done in conformity with the ordinances of the city, and with the order or resolution ordering the same, and the agreement with the contractor, if one has been made, a certificate shall be issued to the overseer of streets or contractor, as the case may be, which shall state the number of feet of sidewalk or curb, line measurement, built or repaired by the said overseer of streets or contractor, and the number of yards of parking filled or graded by the said overseer of streets or contractor, the street or avenue where constructed, and a description of the lots and blocks in front of, abutting on, or adjacent to which said sidewalk or curb has been built or repaired, or such parking has been graded or filled, which are chargeable with the cost thereof, and the amount due for the said work from each particular lot fronting on, abutting or adjacent to the said work so performed; and there shall be added to such amount ten percent (10%) thereof as compensation to the city for the cost of inspection by the city engineer and the cost of service of notices and publication of the same, and the said ten percent (10%) shall be assessed as a part of the cost of doing the said work, as the assessment for the same may be collected. (1960 Code, Sec. 6-106)