(A) Purpose. The Common Council finds it to be in the best interests of residents of the city and the general public to promote public peace, health, and safety, and to this end, the Common Council enacts this section.
(B) Establishing property owner responsibility for sidewalks.
(1) (a) In locations where site conditions cause extreme difficulty in the construction of sidewalks, the Board of Works may upon written request, waive that portion of sidewalks. Examples of extreme difficulty include, but are not limited to, waterway crossings, significant elevation change, existing deep drainage swales in the right-of-way, and grades steeper than 3:1.
(b) The request shall be made via city sidewalk permit and include supporting documentation. The waiver would be pursuant to a written agreement. Waiver of the sidewalks will be subject to a contribution in lieu of those sidewalks. The amount shall be $25 per linear foot of required sidewalk waived. The rate per linear foot shall be increased by $0.60 annually beginning Januany 1, 2018.
(2) Every owner or occupant of any house or other building, and any owner of any vacant lot within the city, which has sidewalks currently shall keep the sidewalks in front of such house, building or vacant lot in acceptable repair to the city. Any person neglecting or refusing to comply with the provisions of this section, or neglecting or refusing to put the sidewalk in front of any house, building or vacant lot owned or occupied by him or her in disrepair after having received notice from ordinance violation personnel, or his or her designees, to do so shall be subject to general penalty provisions of this code.
(3) Any person locating any poles or other appliances in or on any street, alley, sidewalk, driveway or other public place in the city shall restore, replace, and properly relay and repair to the satisfaction and approval of the Board of Public Works, any sidewalk, street, pavement, or earth which may be displaced, injured, or damaged in the location or maintenance of the poles or appliances.
(4) Any person who shall break or otherwise injure any street, alley, sidewalk, driveway or public place shall within 24 hours thereafter cause the same to be well and sufficiently repaired and mended, or in the event of failure so to do shall be subject to a fine as hereinafter provided.
(5) Property owners are encouraged to verify with Street Department if their project qualifies for the sidewalk replacement program.
(Ord. 2017-33, passed 11-21-2017) Penalty, see § 95.99