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(A) It shall be unlawful to install, construct, repair or reconstruct any sidewalk within the right-of-way without first having secured the permission of the city and having secured a permit as required under this article or any other applicable ordinance.
(B) All sidewalks shall conform with the applicable provisions of Chapter 11, Article X of the City Code, the zoning ordinance (Appendix A to the City Code), and the subdivision regulations (Appendix B of the City Code).
(C) The City Council may order the construction, reconstruction or repair of sidewalks in any designated area within the city if it is in the interest of the health, safety and welfare of the city or perform or have performed on its behalf the construction, reconstruction or repair.
(D) The City Council shall determine whether the sidewalks to be constructed, reconstructed or repaired shall be paid for by invoice to the abutting property owners or by special assessment to the abutting property owners.
(E) The City Council may, by resolution, require the owners of lots and premises to construct, reconstruct or repair sidewalks adjacent to or abutting upon such lots and premises. When any such resolution is adopted, it shall be the duty of the City Engineer to cause a notice of same to be sent by first class mail to all owners of lots affected as determined from the tax rolls of the city to the owner or owners of the lots and premises in front of or adjacent to which the sidewalk is to be constructed, reconstructed or repaired requiring such owner or owners to construct, reconstruct or repair in accordance with city specifications such sidewalk as is required by such resolution within 30 days of the date of the notice, unless a different time is specified in the resolution of the City Council. A notice shall also state that if any owner shall fail to comply with such order within the specified time, then the city shall construct, reconstruct or repair such sidewalk and charge the expense thereof to the premises and the owner thereof, together with an administrative charge established by the annual appropriations ordinance to cover administrative, bidding, engineering and collection expenses.
(F) The owner of the property abutting the sidewalk to be constructed, reconstructed or repaired shall have 15 days from the date of the notice to appeal the determination that the sidewalk should be constructed, reconstructed or repaired. If the Ordinance Board of Appeals, upon appeal, determines that the construction, reconstruction or repair is unnecessary or not within the interest of public safety of the city, the sidewalk need not be constructed, reconstructed or repaired at that time.
(G) If the owner of any property fails to construct, reconstruct or repair in accordance with the city specifications any particular sidewalk described in the notice and within the time period and in the manner required thereby, the City Engineer is authorized and required, immediately after the expiration of the time period provided for the construction, reconstruction or repair by the owner, to cause such sidewalk to be constructed, reconstructed or repaired with the expense thereof to be charged to such property and the owner thereof, together with the administrative charge hereinbefore provided. The charge shall constitute a lien against the property abutting the sidewalk and shall be collected as a special assessment.
(H) The City Council may provide that the payment for the sidewalks to be constructed, reconstructed or repaired shall be by special assessment. If the City Council decides to pay for such sidewalk by special assessments, the procedures set forth in Chapter 47 of this Code shall be followed.
(I) All sidewalks within the city shall be kept and maintained in good repair by the owner of the property adjacent to and abutting upon the same. Whenever the City Engineer determines that a sidewalk is unsafe, he or she shall cause written notice thereof to be given by first class mail to the owner of abutting property as determined from the tax rolls. If any owner shall neglect to keep and maintain in good repair the sidewalk adjacent and abutting upon his or her property, then the owner shall be liable to the city for any damages recovered against the city sustained by any person by reason of the sidewalk being unsafe and in a state of disrepair.
(1978 Code, § 31-6; Ord. No. 286, § 1, 8-21-90; Ord. No. 286-C, § 1, 6-4-96; Ord. No. 388, § 21, 1-3-07)