(A) Inspection by City Street Department. The City Street Department shall make such inspections as are necessary to determine that public sidewalks within the city are kept in repair and safe for pedestrians. If the city finds that any sidewalk abutting on private property is unsafe and in need of repairs, the City Street Department shall physically mark the portion or portions of sidewalk that need repair and provide a sidewalk repair notice to the property owner or the occupant if the owner does not reside within the city or cannot be found therein.
(B) City notice.
(1) The notice shall advise the owner that it is the owner’s responsibility to repair the marked portions of sidewalk and shall order the owner to respond in writing to the City Street Department within 30 days their intended option for repair of the marked sidewalk portion.
(2) If a property owner elects to undertake the sidewalk repair without city involvement, the repairs must be completed within 60 days of the date contained in the notice.
(3) The notice shall also state that if the owner fails to respond to the City Street Department within the 30 days or fails to make the needed repairs within the time given, the City Street Department will repair the sidewalk portion at the owner’s expense.
(4) Finally, the notice shall state that the cost of any sidewalk repair work performed by the city shall be billed to owner and shall be made a special assessment against the property benefited thereby if not paid by owner.
(C) Owner to repair, construct or reconstruct a sidewalk.
(1) The owners of any property within the city abutting a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be made in accordance with the permit requirements of Ch. 152 and the standard specifications approved by Council resolution and on file in the office of the City Clerk/Administrator. As deemed necessary by the city, the City Street Department may inspect sidewalk repairs at the time they are being constructed. Within 30 days following the completion of sidewalk repairs, the City Street Department will inspect the work completed, sign in writing whether construction was completed or not completed in compliance with standard specifications, and file inspection findings with the City Clerk/Administrator. If the City Street Department deems completed repairs to sidewalks as not in compliance with standard specifications the City Street Department will remove and reconstruct the portion of sidewalk at the owner’s expense.
(2) Any person violating this section shall be issued a petty misdemeanor (See § 10.99).
(3) The administrative civil fine provided in this section is in addition to cost recovery provisions described in division (E).
(D) Permit.
(1) No person shall repair, construct or reconstruct sidewalks without first obtaining a permit from the city to do so. If the owner opts for the city to repair the sidewalk, no permit is required. The following provisions apply to the issuance of permits for repair, construct or reconstruct sidewalks:
(a) The provisions of this chapter are not in lieu of but in addition to all utility permits that may be required by ordinance or by rules and regulations of the Public Utilities Commission and of the city.
(b) The application. An application for a permit shall state the amount of sidewalk to be repaired (sq. ft.), the location, type of work to be done (repair, construct or reconstruct) and owner’s willingness to comply with standard specifications. The application shall be filed with the City Administrator with the correct permit fee as set by resolution of the City Council.
(c) Standard for issuance. Permits shall be issued after the application has been determined to be in compliance with the city land use and divisions of chapters of Wells City Code and the sidewalk repair notice issued by the City Street Department as determined by the City Clerk/Administrator.
(2) Permit denial. If the permit is denied the reasons for denial shall be set forth in writing given to the applicant. The permit fee collected at the time of application shall be refunded to the applicant and the City Engineer will move forward with repair of the sidewalk at the expense of the owner.
(3) Denial appeal. Any applicant adversely affected by the decision may appeal to the City Council.
(E) City street department to repair, construct or reconstruct sidewalk. If the property owner fails to respond to the City Street Department within the 30 days or fails to make the needed repairs within the 60 days from the date on the notice, the City Street Department shall repair the sidewalk and make safe for pedestrians or order the work done by contract in accordance with law. The total cost of the repair attributable to each lot or parcel of property shall be reported to the City Clerk/Administrator.
(F) Assessment or certification for cost. On or before October 1 of each year the City Clerk/Administrator shall list the total unpaid charges for repair or reconstruct of sidewalks against each separate lot or parcel to which they are attributable under this chapter. The Council may then spread the charges against property benefited as a special assessment under M.S. § 429.101 or certify unpaid charges to the County Auditor for collection within the following year along with current taxes as otherwise provided for by state law or the charter. When unpaid charges are certified to the Auditor for collection with taxes, the Council may use the notice, hearing and appeal provisions provided by M.S. Ch. 429. In any appeal of unpaid charges certified to the Auditor for collection with taxes, the sole issue to be determined by the court is the reasonableness of the charges.
(Ord. 2016-01, passed 4-25-2016)