[Adopted 10-12-1976 as Secs. 17-17 through 17-22 of Ch.
17 of the 1976 Code]
A.
Responsibilities of property owners. It shall be the
duty and obligation of the owner of property abutting a sidewalk in
a public right-of-way to maintain the abutting sidewalk, driveway
apron and sod in a condition as to be safe for public use.
B.
Responsibilities of City. It shall be the duty and
obligation of the City to maintain the property of the City, which
includes the repair, replacement and installation of curbs, gutters
and City streets.
[Amended 5-11-1992 by Ord. No. O-4-92]
A.
Work done by property owners. The repair of any sidewalk,
driveway apron or sod may be made after first obtaining a permit from
the Department of Public Works, and the work shall be done in accordance
with county standards.
B.
Work done by Department of Public Works. The owner
may apply to the City Manager to have the repairs to the sidewalk,
driveway apron or sod done by the City upon an agreed cost. Upon application,
the Department of Public Works will survey the repairs needed and
will estimate the actual costs to the City to do the work. If the
landowner agrees to the estimated costs and submits his agreement
in writing, along with a deposit of 50% of the estimated costs, the
work shall be accomplished by the Department of Public Works.
[Amended 5-11-1992 by Ord. No. O-4-92]
C.
Any person who enters or crosses over the public right-of-way
for the purpose of engaging in construction on adjacent or adjoining
property shall be responsible for the repair of any damage to a sidewalk,
driveway apron, sod, street, curb, or gutter within the right-of-way
adjacent to the construction site, and the work should be done in
accordance with county standards.
[Added 5-12-1997 by Ord. No. O-01-97]
D.
The responsible person shall furnish to the City a
bond to ensure the satisfactory performance and completion of all
repairs. The bond fee shall be paid as follows:
[Added 5-12-1997 by Ord. No. O-01-97]
E.
Upon approval of the repairs by the City Engineer
or an authorized representative, the bond shall be discharged. Failure
to complete the repairs needed shall be cause for forfeiture of the
bond.
[Added 5-12-1997 by Ord. No. O-01-97]
F.
In addition to the cost to repair the public right-of-way
to its original condition, a fine of $1,000 shall be imposed.
[Added 5-12-1997 by Ord. No. O-01-97]
[Amended 5-11-1992 by Ord. No. O-4-92]
Whenever the Code Enforcement Officer finds
a public sidewalk, driveway apron or sod which needs owner repairs,
it shall be his duty to give notice to the abutting property owner
of the necessary repairs by sending a first-class letter to the address
of the owner shown on the current tax records in the office of the
County Treasurer. Such notice shall advise the property owner that
he or she has a ninety-day period from the date on the notice in which
to repair the sidewalk, driveway apron or sod.
[Amended 5-11-1992 by Ord. No. O-4-92]
Upon the failure of the property owner to repair
the sidewalk, driveway apron or sod within the ninety-day period or
to have notified the Department of Public Works of his intentions
to repair by exhibiting a signed contract or other satisfactory proof,
the Code Enforcement Officer shall order the work done and shall bill
the owner of the property an amount equal to 50% of the cost of labor
and material and an additional sum to cover the cost of title search
and other administrative costs. A copy of the bill shall be sent to
the Accounting Officer and shall become a special assessment against
the property repaired. The assessment shall be final 30 days after
mailing unless appealed to the City Council.
[Added 5-11-1992 by Ord. No. O-4-92]
Violation of any provision of this article shall be deemed a municipal infraction and shall be punishable as provided in § 1-20B of this Code.
