[Adopted 5-20-2009 by Ord. No. 453[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
II, Sidewalks, adopted as Ch. 1022 of the 1989 Codified Ordinances,
as amended.
As used in this article, the following terms shall have the
meanings indicated:
The portion of the street right-of-way designed for pedestrian
travel.
No person shall construct, rebuild or repair any sidewalk except
in accordance with the line, grade, slope and specifications established
for such sidewalk, or without first obtaining a written permit and
specifications therefor from the City Clerk.
Sidewalks shall be not less than four inches in thickness and
expansion paper shall be placed in the joints. Sidewalks at driveway
crossings shall be not less than six inches in thickness. All concrete
used in sidewalk construction shall, 28 days after placement, be capable
of resisting a pressure of 3,500 pounds per square inch without failure.
The Building Official or Director of Public Works may establish additional
detailed specifications not inconsistent therewith.
The Building Official may issue a stop order to any permittee
holding a permit issued under this article for failure to comply with
this article or with the rules, regulations, plans and specification
established for the construction, rebuilding or repair of any sidewalk.
The issuance of such stop order shall be effective until the next
regular meeting of Council. If confirmed by Council, at its next regular
meeting, such stop order shall be permanent and shall constitute a
revocation of the permit.
A.
The owner of any lot or premises in a residential, commercial or
industrial district shall, if a sidewalk does not already exist, upon
the construction or reconstruction of a building thereon, construct
a sidewalk within the street right-of-way or as otherwise instructed
by the City, unless this requirement is otherwise waived by City Council.
B.
Council may, by resolution, require the owners of lots and premises
to build sidewalks in the public streets adjacent to and abutting
upon such lots and premises. When such resolution is adopted, the
City Clerk shall give notice thereof, in accordance with § 1-2
of Chapter 1, General Provisions, of the Code of the City of Rockwood,
to the owner of such lot or premises requiring him or her to construct
or rebuild such sidewalk within 20 days from the date of such notice.
C.
If the owner of any lot or premises fails to build any particular
sidewalk as described in such notice, and within the time and in the
manner required by such notice, the City Administrator or Director
of Public Works is hereby authorized and required, immediately after
the expiration of the time limited for the construction or rebuilding
by the owner, to cause such sidewalk to be constructed. The expense
thereof shall be charged to such premises and the owner thereof and
shall be collected as provided for single lot assessments in § C-11.13
of the City Charter.
No person shall permit any sidewalk which adjoins property owned
by him or her to fall into a state of disrepair or to be unsafe.
Whenever the City Administrator or Director of Public Works
determines that a sidewalk is unsafe for use, notice may be given
to the owner of the lot or premises adjacent to and abutting upon
such sidewalk of such determination, which notice shall be given in
accordance with § 1-2 of Chapter 1, General Provisions,
of the Code of the City of Rockwood. Thereafter, the owner shall place
such sidewalk in a safe condition. Such notice shall specify a reasonable
time, not less than seven days, within which such work shall be commenced,
and shall further provide that the work shall be completed with due
diligence. If the owner of such lot or premises refuses or neglects
to repair such sidewalk within the time limited therefor, or in a
manner otherwise than in accordance with this article, the City Administrator
shall have such sidewalk repaired. If the City Administrator or Director
of Public Works determines that the condition of such sidewalk is
such that immediate repair is necessary to protect the public, he
or she may dispense with such notice. The cost of repair under this
section shall be charged against the premises which such sidewalk
adjoins and the owner of such premises, and shall be collected as
provided for a single lot assessment in § C-11.13 of the
City Charter.
A.
The occupant of every lot or premises adjoining any street, or the
owner of such lot or premises if the same are not occupied, shall
clear all ice and snow from sidewalks adjoining such lot or premises
within the time required in this section. When any snow or ice ceases
to fall during the daylight hours, such snow or ice shall be cleared
from the sidewalks within 12 hours after such cessation. When snow
or ice ceases to fall during the nighttime, it shall be cleared from
the sidewalks by 6:00 p.m. on the following day.
B.
No occupant or owner shall neglect or fail to clear ice and snow
from the sidewalk adjoining his or her premises within the time limited,
or otherwise permit ice or snow to accumulate on such sidewalk. In
the event of a violation of this subjection, the Chief of Police or
Director of Public Works may cause the ice or snow to be cleared and
the expense of removal shall become a debt to the City from the occupant
or owner of such premises and shall be collected as a single lot assessment
under § C-11.13 of the City Charter. Such remedy shall be
in addition to the penalty provided in § C-11.13 of the
City Charter. Such remedy shall be in addition to the penalty provided
in § 217-22.
Openings through a sidewalk for the delivery of fuel, when lawfully
in existence, shall not be greater than 30 inches in diameter, shall
be circular in form and shall be effectually closed when not in actual
use by an iron cover set flush within the surface of the sidewalk,
level with the sidewalk and securely locked in place. All openings
in the sidewalk for the admission of light and air shall be closed
and protected either by substantial iron gratings or illuminating
pavement of such a design and so placed as to be satisfactory to the
City Administrator or Director of Public Works.
A.
It shall be a civil infraction for any person to permit the limbs
or foliage of trees or shrubs which stand upon or in front of or adjacent
to any premises in the City to grow or hang over any sidewalk and/or
over any property between the property line and street line lower
than seven feet above the upper surface of the sidewalk and/or of
the property between the property line and street line.
B.
No person shall ride, drive or park any vehicle upon or across or
otherwise obstruct any public sidewalk within the City excepting for
temporary ingress and egress to and from lands across or adjacent
to such sidewalk.
C.
No person shall occupy any street with any materials or machinery
incidental to the construction, demolition or repair of any building
adjacent to such street, or for any other purpose, without first obtaining
a permit therefor from the City Administrator, posting a cash deposit
and filing an insurance policy as required by § 217-3.
D.
At least five feet of sidewalk space shall be kept clean and clear
for the free passage of pedestrians. If the building operations are
such that such free passageway is impracticable, a temporary plank
sidewalk with substantial railings, or a sidewalk shelter built in
accordance with Chapter 45, Building Construction, shall be provided
around such obstruction.
E.
In the event that a violation is not cured in the manner provided
for in the notice of violation, and said violation continues unabated,
after due notice, the City is authorized to cure such violation or
cause the same to be carried out at the expense of the City.
F.
In addition to any other penalty provided by this Code, the person
who violated this section shall be jointly and severally liable to
the City for the full amount of all costs incurred by the City. All
charges billed by the Clerk/Treasurer pursuant to this section, upon
billing, shall become a lien upon the premises to which they apply.
On April 1 of each year the City Clerk/Treasurer shall certify any
and all unpaid charges for such services incurred within the past
12 months to the City Assessor to enter into the next tax roll against
the premises so certified.
