A. Sidewalks, Curbs And Gutters Required: Sidewalks, curbs and gutters shall be required on all lots or parcels of land which are hereafter improved or upon which any building or construction shall take place; provided, however, that upon application by a property owner or a contractor and for cause shown, the City Council may waive this requirement in the event of repair, remodeling or addition to existing improvements on all lots or parcels of land.
B. Compliance With Plans And Specifications: Any sidewalk, curb or gutter hereafter constructed by any person shall be constructed in strict compliance with specifications and plans and upon grades and lines to be approved by the city council or the city manager.
C. Construction Specifications: Specifications shall be as set forth hereinabove with the inner line of walk being laid one foot (1') from the property line except that wherever any sidewalk has been constructed under the authority of any former ordinance of the city in any manner other than in accordance with the lines established in this section, sidewalks for the remaining properties in the same block shall be so constructed that uniformity of lines may be maintained. (Ord. 98-09, 10-6-1998)
D. Maintenance, Repair And Reconstruction:
1. Duty To Maintain Sidewalks: It is the responsibility of all property owners in the city to maintain a sidewalk in a public right of way that abuts the owner's property including, without limitation, sweeping, the removal of snow, ice and weeds and maintenance of any grass, shrubs or trees that encroach on the sidewalk within the street lines of the city. The responsibility imposed is that of a reasonable person and is not a duty greater than imposed by common law duty. Furthermore, this subsection is not intended and cannot be relied upon to define the standard of care in any civil action for negligence or for the establishment of negligence per se for its violation.
2. Circumstances Requiring Action: The city may require the reconstruction and repair of sidewalks in the following circumstances:
a. Imposing an assessment or other charge authorized by law for any reconstruction or repair of a sidewalk that the governing body causes to be performed within a public right of way;
b. Requiring any reconstruction or repair of a sidewalk as a condition of approval for a change in the use of the land;
c. The repair and reconstruction of a sidewalk in the public right of way that abuts the property of the owner if the owner caused the need for such repair or reconstruction.
3. Owner's Responsibility; Time Limit: Any sidewalk ordered repaired or reconstructed by the city council shall be repaired or reconstructed by the owners of the property which abut upon the sidewalk. The property owner shall be given a time certain in which to complete said reconstruction and repair, not to exceed sixty (60) days.
4. Remedy By City; Costs And Lien:
a. If the owner fails to complete the sidewalk improvements as required within the time limits designated, the city manager shall proceed to have the work done by city forces or by contracting for such work in accordance with law. A report of the proceeding and an accurate account of the costs of such improvements on each separate property shall be made and filed with the city clerk.
b. The city clerk shall, upon receiving the account and report of costs, notify each property owner of record as provided of the costs to be assessed against the property.
c. If the owner fails to pay the costs within thirty (30) days of billing by the city clerk, the costs and all expenses entailed by the city in building the sidewalk and collecting of the costs of the same shall be a lien against the property. The lien shall be enforced as all other liens under the laws of the state 1 . The city council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the latest available assessment roll.
d. After confirmation of the assessment roll, the city clerk shall certify a copy of such roll with the county treasurer (ex officio city treasurer for these purposes) who is hereby expressly authorized to assume and discharge the duty of collecting special assessments by adding the amounts of the same to the next regular bills for taxes levied against lots and parcels of land in the city. Thereafter, the amounts shall be collected at the same time and in the same manner as general ad valorem taxes are collected and shall be subject to the same penalties and same procedure for foreclosure and sale in the case of delinquency as provided for general ad valorem taxes in Elko County. (Ord. 2005-01, 3-1-2005)
Notes
| 1 | 1. NRS 108.221 et seq. |