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A. Any person violating the provisions of this chapter shall be deemed guilty of an offense, and shall be liable for all damage sustained by the city or by any person. Failure to comply with any of the provisions of this chapter shall be deemed a municipal infraction and upon conviction thereof shall be punished in accordance with subsection 1-3-2C of this code.
B. In the case of a construction specification of this chapter not being complied with, the sidewalk contractor shall be given written notice by the city engineer, or designee, stating the specifications not complied with and the contractor shall cause the work to comply with such specifications within fifteen (15) days of the mailing of the notice. If the contractor fails to comply with the notice, the bonding company shall be notified by regular mail of such failure to comply.
C. Any person who shall have violated the provisions of this chapter shall be refused any further permit required by this chapter until that person has complied with all the provisions of this chapter. (Ord. 5688, 2-20-2023)
As used in this article, the following words have the following meanings:
CITY ENGINEER: | The city engineer or personnel designated by the city engineer to perform the duties prescribed for the engineer by this article. |
DEFECTIVE SIDEWALK: | Any public sidewalk exhibiting one or more of the following characteristics: A. Vertical separations equal to three-quarters inch (3/4") or more; B. Horizontal separations equal to three-quarters inch (3/4") or more; C. Spalling or surface deterioration over fifty percent (50%) of the surface of a single square of the sidewalk and one or more half-inch (1/2") depressions; D. A single square of sidewalk cracked in such a manner causing three (3) or more pieces with one or more loose pieces; |
E. A sidewalk that is sloped or tilted creating water pockets, greater than ½ the width of the sidewalk, measured at any one point; F. A change from design or construction grade equal to or greater than two inches (2") in a ten foot (10') long area or less; G. Holes and/or depressions greater than one-half inch (1/2") deep and one and one-half inches (11/2") or more in any horizontal dimensions; Holes to the full depth of the sidewalk shall be repaired by removal and replacement of the full panel from existing joint to existing joint. H. Vertical or horizontal separations equal to three-fourths inch (3/4") or more where sidewalk abuts the curb, or any other fixture or structure and the separation is deemed unsafe; I. Any other defects deemed unsafe by the City Engineer. | |
OWNER: | The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, "owner" shall include the lessee, if any. |
SIDEWALK IMPROVEMENTS: | The reconstruction, repair, replacement or removal of a public sidewalk or the excavating, filling or depositing of material in the public right of way in connection therewith. |
SIDEWALK REPAIRS: | Sidewalk repairs shall be by removal and replacement of full sidewalk panels from existing joint to existing joint for all defect types except surface depressions with an area of eighteen (18) square inches or less, which qualify for repair by patching. No sidewalk panel shall have a patched area exceeding twenty percent (20%) of the panel's total area. Sidewalk panels exceeding twenty percent (20%) of patched surface area shall be removed and replaced from existing joint to existing joint. A list of approved patching materials shall be on file in the city engineer's office. (Ord. 5688, 2-20-2023) |
All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the city, shall be performed under the supervision and inspection of the city engineer or designee and in accordance with the plans and specifications prepared by the city engineer's office and approved by the city council. No permanent sidewalk improvements shall be performed until the bed for the same shall have been graded so that when completed such sidewalk shall be at the location and grade established by the city engineer or designee. (Ord. 5688, 2-20-2023)
A. Permit Required: No person shall make any sidewalk improvements whether ordered by the city council or not, unless such person obtains a permit from the city engineer and agrees that, in making the sidewalk improvements, compliance will be made with the ordinances of this city and with the specifications for the sidewalks as prepared by the city engineer and approved by the city council, and that the work shall be done under the direction and supervision of the city engineer and subject to the approval of the city engineer or designee.
B. Bonds: A bond shall be required for all repairs except repairs made by patching as allowed under the definition of "sidewalk repairs" in section 7-2A-1 of this article. The bond shall be filed in the proper amount and the owner shall also agree to hold the city free from all liability for damages on account of injuries received by anyone through the negligence of such person or agents thereof in making the sidewalk improvements, or by reason of failure to properly guard the premises.
C. Filing, Term Of Permits: All permits issued shall be filed and preserved in the office of the city engineer. Before granting any permit to make sidewalk improvements, the city engineer shall determine the appropriateness of the same and shall state in all permits issued when the sidewalk work is to be completed.
D. Extension Of Permit: The time of completion for the sidewalk improvements may be extended by the city engineer when in his judgment the extension is deemed necessary. The city engineer may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or if weather conditions will adversely affect the sidewalk improvements.
E. Permit Fees: Sidewalk permit fees shall be set by resolution of the city council and collected by the city engineer's office. Work performed by the city shall not require a permit fee.
F. Failure To Obtain Permit: Whenever any sidewalk improvements are not completed in conformance to the provisions of this article, i.e., not in compliance with the current sidewalk standard specifications, or without a permit, the city engineer shall serve notice upon the property owner and/or the contractor doing such work of the nonconformance. If construction work is underway without a permit, the notice shall order the work to cease until a permit is obtained, and a fee of three (3) times the permit cost in addition to the cost of the original permit is paid. If the sidewalk improvement underway with a permit is not in conformance with the current sidewalk specifications, all work must be corrected to comply with the current specifications. In the event that the sidewalk work has been completed without obtaining a permit, a permit shall be immediately obtained, and a fee of three (3) times the permit cost in addition to the cost of the original permit is paid, and any corrections needed shall be completed within five (5) days after receipt of the permit. Any person who shall have violated the provisions of this chapter shall be refused any further permits required by this chapter until he has complied with all of the provisions of this chapter. Failure to comply with this notice shall result in the completion of the work being done by the office of the city engineer with the costs being assessed to the property owner as provided in this article. (Ord. 5688, 2-20-2023)
A. Time Of Inspections: The office of the city engineer, its employees, or designees shall be responsible for inspecting the public sidewalks on a twelve (12) year cycle within the city or on a complaint basis. These inspections shall be made to determine if any of the public sidewalks within the city are defective as previously defined.
B. Inspection And Approval: The city engineer, or a designee, shall inspect the work, and may order the corrections if the work does not meet specifications. (Ord. 5688, 2-20-2023)
A. Sidewalk Improvements Ordered: The city engineer may order the reconstruction, repair or replacement of permanent sidewalks upon any public right of way. Notice of this order shall be sent to the owner by regular mail. This notice shall include the fact that a hearing shall be held by the city council within thirty (30) days from the date of sending of the notice. The notice shall also contain information regarding the estimated costs of reconstruction, repair or replacement, as estimated by the office of the city engineer.
B. Defective Sidewalks Repaired: It shall be the duty of the abutting property owner at any time, or within forty five (45) days from the date of notice from the city, to repair, replace or reconstruct all broken or defective sidewalks in the public right of way abutting said property. If, after the expiration of the forty five (45) days, as provided in the notice, the required work has not been done or is not in the process of completion, the city engineer shall proceed to repair, replace or reconstruct the sidewalk. The total costs, including, but not limited to, engineering, inspection, construction and administrative costs, shall be assessed to the property as taxes or special assessments as provided hereinafter. (Ord. 5688, 2-20-2023)
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