§ 95.017 SIDEWALKS.
   (A)   Repair, replacement or reconstruction by property owner(s).
      (1)   The City Council may serve notice on the abutting property owner by certified mail to the property owner, as shown by the records of the County Auditor, requiring him or her to repair, replace and reconstruct sidewalks.
      (2)   If the abutting property owner does not perform an action required under this division (A) within a reasonable time, the City Council may require the Public Works Director to perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.
   (B)   Authority of city to construct or repair sidewalks. Except as provided in division (A) above, a plan for construction or repair of any permanent sidewalk may be initiated either:
      (1)   By a written contract to be approved by the city and signed by all of the owners of record of all property who would be affected by an assessment made to finance the construction or repair; or
      (2)   Upon the Council’s own motion, as a special assessment project.
   (C)   Permit for construction. Whenever any person shall desire to remove any sidewalk, either for the purpose of rebuilding or replacing the same with a new walk, and whenever a person shall desire to construct or reconstruct any sidewalk, whether ordered by the City Council or not, he or she shall, before proceeding with the work or removing, constructing or reconstructing said sidewalk, obtain from the Public Works Director or other person authorized by the Council, a permit to do so and agree in writing filed with the Public Works Director that he or she will, in the removal, construction or reconstruction of said sidewalk, comply with the provisions of this code and the specifications for sidewalks prepared by the order of the City Council, approved by the City Council, and on file in the office of the Public Works Director, and that said work shall be done under the direction and subject to the approval of the Public Works Director, or other person authorized by the Council, and that he or she will hold the city free from any liability for damages on account of injuries received by anyone through the negligence of such person or his or her agents or servants in the removal, construction or reconstruction of such sidewalk, or by reason of such person’s failure to properly guard the premises. All such permits issued for the removal, construction or reconstruction of sidewalks shall state when the work is to be done and, in case of removal, when the sidewalk is to be restored or reconstructed.
   (D)   Specifications for the construction of sidewalks. Sidewalks constructed under the provisions of this subchapter, or voluntarily constructed by property owners within the city, shall be constructed according to the standards and specifications adopted by the Public Works Director which shall be available at the office of the Public Works Director during normal business hours.
   (E)   Width of walks. Sidewalks hereafter constructed shall be not less than four feet six inches in width. The Public Works Director may require the construction of wider sidewalks based upon the width of connecting walks, projected utilization and other factors which he or she determines to be relevant.
   (F)   Inspection. All sidewalks shall be removed, constructed, reconstructed and repaired under the supervision and subject to the inspection and approval of the Public Works Director or other person authorized by the City Council. Whenever any sidewalk is constructed or reconstructed which does not conform to the provisions of this subchapter or is not constructed or reconstructed at the time provided for in the permit, the Council shall cause to be served upon the property owner, or his or her agent, five days’ notice to construct or reconstruct such sidewalk in the proper manner and of the proper materials. In case of failure to comply with the terms of such notice, the city shall proceed under the terms of this subchapter to have the walk constructed or reconstructed and assess the costs thereof against the property.
   (G)   Liability. As a condition precedent to the construction and maintenance of a sidewalk within the city, the property owner shall hold the city harmless in regard to any and all claims, damages, attorney fees and other costs attendant to any claim arising out of the use, maintenance or removal of ice or snow from a sidewalk. The construction or maintenance of a sidewalk within the city shall be deemed acceptance of the obligation to hold the city harmless from any claims as herein provided.
   (H)   Alternate sidewalk or driveway approach surfaces.
      (1)   Sidewalk or driveway approach surfaces other than standard Portland cement concrete shall be permitted only as provided in the General Specifications for Construction of Concrete Sidewalks adopted by the Department of Public Works.
      (2)   If it becomes necessary for the city or a franchisee to remove and replace an existing sidewalk or driveway approach that incorporates an alternate surface, the city or franchisee shall not be required to replace the alternate surface. The city or franchisee shall be required only to replace any removed sidewalk or driveway approach with Portland cement concrete surface to the specifications adopted by the Public Works Department. The replacement of any alternate surface shall be accomplished by and at the expense of the adjacent property owner.
   (I)   Finish. All sidewalks and driveway approaches constructed under the provisions of this subchapter shall be finished with a granular, broom or other equivalent non-slip surface. Smooth, steel troweled finishes are not permitted.
   (J)   Permit fee. The fees required for permits required to construct or repair sidewalks or driveway approaches under this section shall be in amounts as determined from time to time by resolution of the City Council.
(Prior Code, § 5-1A-3) (Ord. 259, passed 6-21-1982; Ord. 315, passed 4-1-1985; Ord. 541, passed 12-18-2000)