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(A) After a permit to construct, reconstruct, or repair a sidewalk is issued, it shall be the duty of the City Engineer or Public Works Director to make such inspection of the sidewalk covered thereby as, in his or her judgment, is necessary to have full compliance with the provisions of this chapter and other ordinances that may be applicable.
(B) In case the walk is not constructed in accordance with the terms of this chapter, it shall be the duty of the Council to proceed against the owner of the property affected, being the owner of the property abutting upon that part of the street where the sidewalk is being constructed.
(Ord. 351, passed 4-13-1992)
Whenever the Council shall require the owner of any property to construct, reconstruct, or repair sidewalks, the Council shall adopt a resolution to that effect. Notice of such resolution shall, by the City Recorder, be served upon the record owner of such property liable to be assessed for the cost and expense of constructing, reconstructing, or repairing the sidewalks by oral or mail directed to the record owner at the last post office address of such owner known to the City Recorder, and if such post office address is unknown to the City Recorder, such notice shall be directed to such owner at the city. Also, in case of an owner whose post office address is unknown a copy of the notice shall be posted within five days after date of mailing upon such owner’s property. Any such notice shall direct and require such owner to make such improvement within 30 days from the date of notice or mailing of such notice. In case the Council finds an unsafe or dangerous condition exists, it may require that the work be constructed within ten days after the mailing of such notice. The City Recorder shall make or cause to be made and file in his or her office an affidavit of service of such notice.
(Ord. 351, passed 4-13-1992)
Whenever the Council adopts a resolution directing the construction, reconstruction, or repair of any sidewalk and the owner of the property affected fails to make such construction, reconstruction, or repair within the time limited by the resolution, then the City Engineer shall proceed to construct, reconstruct, or repair such walk, and shall keep an accurate account of the cost of labor and material required for such construction or repair of such walk and shall file a written report thereof with the Council, together with a description of the real property benefitted by the construction, reconstruction, and repair of such sidewalks as determined by the Council. Such costs, plus 10% additional to defray the costs of preparing and serving the notice, engineering, and advertising shall constitute a lien upon the benefitted property, which lien shall be entered by the City Recorder in the appropriate lien docket of the city and shall be collected and foreclosed as a lien for a street assessment is collected and foreclosed.
(Ord. 351, passed 4-13-1992)
It is hereby made the duty and shall be required of every property owner whose property abuts upon any street to construct curbs and cement sidewalks conforming to the provisions of this chapter within 100 days from the completion or occupancy of any building located upon the property of such owner. For the purpose of this section, sidewalks shall be required along the length of said property composing the building site abutting any city right-of-way.
(Ord. 351, passed 4-13-1992)
No building permit shall be granted for the construction of any building along any street unless the required construction plans provide for the construction of cement sidewalks conforming to this subchapter and any other city regulations.
(Ord. 351, passed 4-13-1992)
The owner of any real property situated within the corporate limits of the city who fails, refuses, or neglects to construct, reconstruct, or repair any sidewalks after receiving notice to do so and within the time prescribed by such notice shall be liable to the city for any damages which the city may sustain by virtue of the payment of any valid claim of any person on account of personal injuries or property damages resulting to any such person by reason of the dangerous or defective condition of the sidewalk ordered by the Council to be constructed, reconstructed, or repaired or by reason of the lack of any such sidewalk so ordered to be constructed. It shall be the duty of the City Attorney immediately upon the payment of any claim for damages growing out of any injury resulting to any person by reason of a defective or dangerous sidewalk or the lack of a sidewalk, to proceed against the owner of the real property abutting upon such dangerous or defective sidewalk or the owner of the property abutting the street at the point where no sidewalk has been constructed in all cases where due and regular proceedings were had to compel such owner to construct, reconstruct, or repair any such sidewalk and such owner has failed, neglected, or refused to construct, reconstruct, or repair such sidewalk within the time prescribed in such notice for the purpose of reimbursing the city for any such damage which it may have been compelled to pay or has paid on property owner’s failure to comply with the notice to construct, reconstruct, or repair the sidewalk. For such purpose the City Attorney is hereby authorized to prosecute any civil action in any court of competent jurisdiction and to recover the costs and disbursements in such action from the defendant if the city prevails.
(Ord. 351, passed 4-13-1992)
It shall be the duty of all property owners to fill in and maintain the space between the curb and the sidewalk in front of their property, and to the curb lines of the street at the intersections, with earth to level and grade with the curb and sidewalk.
(Ord. 351, passed 4-13-1992) Penalty, see § 151.999
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