[CC 1971 §22-37; Ord. No. 137, §1, 3-24-2008]
It shall be the duty of the owner or occupant of all property
within the City to keep the sidewalks along and in front of said property
clean and free from snow and ice.
[CC 1971 §22-38; Ord. No. 154, §§1,4, 6-14-2011]
Unless otherwise specifically provided by this Article, all
sidewalks constructed or repaired within the City shall conform to
the latest State engineering specifications therefor on file in the
office of the building official and at the direction of the Board
of Aldermen or its advisors and such sidewalks shall have a minimum
width of forty-eight inches (48").
[CC 1971 §22-39; Ord. No. 154, §5, 6-14-2011]
All sidewalks built along any street, avenue, or highway of
the City, shall be at the expense of the owners of the lot fronting
on such street, avenue or highway along the distance improved.
[CC 1971 §22-40; Ord. No. 154, §8, 6-14-2011]
Whenever the City shall determine that sidewalks, with or without
curb and gutters, should be constructed or repaired within the City,
the Board of Aldermen shall give notice to owners of property adjoining
such sidewalks to be constructed or repaired to do the same; in the
event such owners be nonresidents of the City or unknown, such notice
shall be published in some newspaper of general circulation within
the City or served upon the tenants of such owners.
[Ord. No. 1102 §1, 3-21-2012; Ord. No. 1165 §§ 1 – 2, 12-30-2015; Ord. No. 1193, 3-21-2018]
A. The City hereby establishes a cost-sharing program for the replacement
of sidewalks. The terms and conditions of said program are outlined
below:
1.
Any property owner wishing to take advantage of this cost- sharing
program shall notify the City of said property owner's intent on repairing
or replacing the sidewalk, or a portion thereof, on the property owner's
property.
2.
The City Superintendent or other proper officer will be the
final judge as to whether the sidewalk, or any portion of the sidewalk,
needs to be repaired. If the City Superintendent or other proper officer
determines that said sidewalk needs to be repaired and the City has
funds to pay for its share, the property owner shall be notified of
such.
3.
Sidewalks will be repaired on a priority basis, as determined
by the City.
4.
The City will provide two (2) options for the cost-sharing program.
a. Cost-Sharing Sidewalk Replacement Program Option One (1).
The City will provide the labor to remove and install sidewalks
at no cost to the Property Owner. The Property Owner will pay the
City for the material costs of the repairs made, and must provide
proof of the ability to pay the property owner' s share , of the material
cost to the City prior to the beginning of construction. Sidewalk
repairs will be scheduled by the City, according to the City' s availability
to provide the labor.
b. Cost-Sharing Sidewalk Replacement Program Option Two (2).
The City will provide the materials for the sidewalk repairs.
Materials shall include concrete, concrete reinforcement and base
materials for the sidewalks and must be approved by the City prior
to the beginning of construction. All approved materials will be charged
to the City and paid by the City. The Property Owner will be responsible
for payment of unapproved materials. The Property Owner will contract
to have the repairs made by a City-approved contractor, and is solely
responsible for paying the contractor.
5.
The City's total share of the cost-sharing sidewalk replacement
program shall not exceed amounts annually budgeted for that purpose.
City labor hours shall not exceed the annual maximum number of labor
hours for the cost-sharing program as determined by the City Superintendent.
6.
Cost participation by the landowner can be waived by the Mayor
for economic circumstances when the Mayor and Board of Aldermen determine
the income of the property owner lacks sufficient resources to pay
its share of the costs.
7.
No variance to this policy shall be granted unless three (3)
members of the Board of Aldermen vote in favor of the variance.
[CC 1971 §22-41; Ord. No. 105, §11, 5-22-2001]
Failure of the owners of property adjoining sidewalks ordered
to be constructed or repaired within the City in compliance with a
notice so to do issued under this Article within fifteen (15) days
thereof shall be deemed a misdemeanor.
[CC 1971 §22-42; Ord. No. 154, §6, 6-14-2011]
In the event of failure by the owners of property adjoining
sidewalks ordered to be constructed or repaired within the City in
compliance with the provisions of this Article, the City shall cause
such work to be done at the expense of such owners. The City may recover
its costs and expenses incurred by such work by special assessment
or by imposing a lien therefor, either of which shall be collected
as provided by law.