§ 96.052 PERMIT REQUIRED.

   (a)   Before any sidewalk or private driveway approach is constructed within the right-of-way by any contractor or person for the owners of abutting property, the contractor or person must first secure a permit from the city engineer unless the sidewalk or driveway approach will be constructed as part of a plan covered by a building permit. In these instances, the sidewalk and driveway approach construction will be covered by the building permit.

   (b)   Any person installing or constructing a sidewalk within the right-of-way and in front of or along property owned by him or her shall obtain a permit. The sidewalk shall be constructed in accordance with city specifications. If the city determines that the sidewalk was not constructed in accordance with city specifications, it shall be replaced by the property owner. The persons shall be exempt from the provisions of §§ 96.030 and 96.031. Driveway approach permits will only be granted to bonded and insured contractors.

(1992 Code, § 38-43) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)

§ 96.053 APPROVAL AND INSPECTION.

   (a)   An inspection shall be made after the installation of any sidewalk or driveway approach in the public right-of-way. Inspection requests shall be made within two business days of completion of the work. If an inspection request is not made, an administrative citation may be issued.

   (b)   The construction of sidewalks and driveway approaches within the public right-of-way shall be approved by the city prior to the issuance of a certificate of occupancy as provided by the building code, except where conditions exist which in the opinion of the city engineer or the city engineer's designee justify waiver.

(1992 Code, § 38-41) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)

§ 96.054 SIDEWALKS IN PLANNED UNIT DEVELOPMENTS.

   In approved planned unit developments including large scale residential developments as defined in chapter 160 of this Code, permanent sidewalks shall be located in a manner and in those areas as shall best provide access to the residents thereof, including utilization of open spaces and substantially as shown on approved development plans, all subject to §§ 96.051 through 96.054.

(1992 Code, § 38-46) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)

§ 96.055 PROPERTY OWNER(S) DUTY TO REPAIR AND MAINTAIN SIDEWALK.

   Pursuant to city ordinance, owners of real property abutting or adjoining a sidewalk shall maintain such sidewalk in such condition that the sidewalk will not endanger persons or property; will not interfere with the public convenience in the use of the sidewalk; and will not create a public nuisance.

(Ord. 50-22, passed 5-4-2022)

§ 96.056 FAILURE TO REPAIR SIDEWALK DEFECTS AND DAMAGE PROHIBITED.

   Any owner of real property who fails to keep the sidewalks abutting or adjoining such property properly maintained and in repair creates or maintains a public nuisance, which shall be unlawful. The owner(s) of such real property shall be liable to the city for any and all damage or injury caused by such neglect and shall be responsible for the costs of abating the public nuisance. Examples of sidewalk defects constituting a public nuisance include, but are not limited to:

   (a)   Vertical separations that result in a trip hazard;

   (b)   Horizontal separations between panels or cracks to the extent it is a potential danger to the public;

   (c)   Holes or depressions in the concrete;

   (d)   Excessive spalling (exposed rock causing depressions in the concrete);

   (e)   A panel of sidewalk that is cracked to the extent it constitutes a potential danger to the public;

   (f)   A panel of sidewalk missing concrete that has broken off to the extent it is a potential danger to the public;

   (g)   Missing sidewalk panel(s);

   (h)   Pooling of water caused by inadequate drainage;

   (i)   Uneven or loose sidewalk panels; and

   (j)   Other damage to a sidewalk that presents a dangerous condition to human traffic.

(Ord. 50-22, passed 5-4-2022)

§ 96.057 FAILURE TO ABATE PUBLIC NUISANCE.

   Upon failure of owner(s) to abate a public nuisance by accomplishment of the required repairs or maintenance within the time frame indicated in the written notice provided by the city, city shall have the right to abate the public nuisance by accomplishing the required remediation and pursue full reimbursement from owner(s) pursuant to city ordinance. Notwithstanding the 14-day time restriction applicable to abatement of other types of nuisances, the city is authorized to extend the time frame provided for abatement of any and all nuisances addressed in this chapter beyond such 14-day period.

(Ord. 50-22, passed 5-4-2022)

§ 96.058 CITY'S RIGHT TO REPAIR OR MAINTAIN.

   Notwithstanding any other provision of this ordinance, the city shall have the right to repair or maintain any existing sidewalk and pursue reimbursement for such repair or maintenance costs from owner(s), pursuant to city ordinance.

(Ord. 50-22, passed 5-4-2022)

EXCAVATIONS