[Adopted 2-19-1987 as Part 9, Art.
905, of the 1987 Codified Ordinances]
It shall be the duty of the owner of any lot,
parcel or tract of land fronting or abutting upon any public street
or highway to construct, reconstruct, maintain and repair a sidewalk
and curb of the character, width and location as hereinafter set forth.
A.
No person whether as owner or agent shall construct,
reconstruct, repair or alter a sidewalk in an area zoned R-O, C-1
or C-2 without first obtaining a permit from the City Engineer.
B.
The application for a sidewalk permit shall be submitted
in such form as Council may prescribe and shall be accompanied by
the required fee.
C.
The application shall contain a general description
of the proposed work, its location, the type of material, color and
design. If the material, color or design are not customary, the City
Engineer may refer the application to the Planning Commission of the
City for final determination of its approval or rejection.
D.
In areas designated by Council, the application shall
indicate that the sidewalk conforms to the special design plans accepted
by resolution by Council.
Sidewalks located in an area zoned R-O, C-1
or C-2, if less than 25% of an existing bituminous surface, may be
repaired by resurfacing the same with bituminous material, laid true
to grade and rolled smooth and hard to the approval of the City Engineer.
A.
Sidewalks in business areas. Fronting business houses
and upon parts of streets devoted to business places, the whole area
between the property line and the curb shall be paved.
B.
Sidewalks in residential areas.
(1)
Upon residence streets having a width of less than
35 feet, the walk shall be the entire width from the curb to the property
line, not to exceed four feet.
(2)
Upon residence streets having a width of 35 feet or
more, the width of the walk shall be 1/2 the distance between the
property line and the curb, the minimum width of which walk shall
be four feet. Such walk shall be located midway between the curb and
the property line, but in no case shall be laid nearer the pavement
side of the curb than two feet, six inches.
(3)
At any place where such location of the walk is impractical,
the right to locate other than as is herein specified may be granted
by Council upon application by the property owner.
A.
The curbline on all streets hereafter curbed shall
be established distant from the property line on each side of the
street as follows:
|
Street Width
(feet)
|
Distance from Property Line
(feet)
| |
|---|---|---|
|
20
|
0
| |
|
26
|
3
| |
|
30
|
5
| |
|
35
|
7 1/2
|
B.
On all other streets the curb shall be 1/5 of the
width of the street distant from the property line unless otherwise
fixed by ordinance or resolution of Council.
A.
On all paved streets or streets actually graded to
an established grade which has been approved by Council, all sidewalks
shall be laid in conformity to the same. On all streets not actually
graded to an established grade, a provisional or natural grade may
be established by the City Engineer, with the approval of Council
and all sidewalks shall be laid in conformity to the same.
B.
At any place where such grading of the sidewalk is
impractical for reasons of safety or other proper reasons, the right
to construct sidewalks not in conformity to the grade of the street
may be granted by Council upon application by the property owners.
The specifications for the construction of sidewalks
are as follows:
A.
Concrete sidewalks. The walk shall consist of a four-inch
thick, Class A Air entrained concrete slab placed on a firm foundation.
The walk is to be constructed in separate slabs, a maximum length
of 30 feet, scoring the slabs a maximum distance of five feet. The
scoring shall be at least 1/4 of an inch in depth. The slabs shall
be separated by transversal premolded expansion joints, 1/4 of an
inch in thickness for the depth of the concrete; 30 pound weight tar
paper shall be placed for the full depth of the slab where it contacts
the curb. The finished walk shall conform to the existing curb grade
and adjoining existing sidewalks. All walks shall have a transversal
inclination of 1/4 of an inch to the foot from the curbline toward
the property line. All sidewalks shall have a minimum width of four
feet.
B.
Bituminous sidewalks. Sidewalks may be constructed
of bituminous materials in all areas zoned other than R-O, C-1 or
C-2. Such walks shall have a four-inch compacted depth of No. 2A stone
or gravel base with a two-inch compacted depth of special hot mix
asphalt concrete surface. The finished surface of the walk shall conform
to the existing curb grade and any adjoining existing sidewalks. All
sidewalks shall have a transversal inclination of 1/4 of an inch to
the foot from the curbline toward the property line.
C.
Flagstone sidewalks. A four-inch layer of coked ashes,
broken stone, gravel or hard slag which will pass over a 1/2 inch
and through a three-inch screen. This material shall be thoroughly
wet and compact by tamping until it is smooth and parallel to the
finished surface of the walk. Flagstone shall be of the sawed type,
uniform in color, hard and free from soft spots or pockets, at least
2 1/2 inches thick and, in general, the minimum length of each
stone shall be not less than the width of the walk. The stone shall
be cut true to line with square corners and edges and may be bedded
in sand or some similar material, not to exceed one inch in thickness.
D.
Brick sidewalks. Brick shall be of a standard, hard
burned, vitrified type with square corners and straight edges free
from chips and kiln marks. They shall be bedded in sand or some similar
material at least one inch in depth and held in place by a curbing,
rowlock or header course which shall surround the entire walk. After
the bricks are laid they shall be thoroughly tamped, bringing them
to a true surface. The cracks shall be filled with dry sand, grout
or bituminous material.
E.
Resurfacing and patching existing sidewalks.
(1)
A sufficient amount of ID-2 special sidewalk material
shall be placed on an asphalt emulsion pretreated existing surface.
The material shall be so placed and compacted by a 300 pound hand
roller so that the finished surface will have an even and smooth grade.
The finished surface shall be so feathered to meet the adjoining sidewalk
elevations so that a maximum grade of 1/2% will be allowable.
(2)
All work shall be done under the supervision and to
the satisfaction of the City Engineer or any assignee.
It shall be the duty of the owner or occupant
of every property to at all times keep the sidewalk abutting the property
in good repair and, without notice, to promptly remove snow, ice or
any obstruction that may interfere with the safe and convenient use
of the walk.
A.
Official notice for the construction, paving, repaving
or maintaining of any sidewalk within the City shall be given by the
City to the owner of the property abutting the sidewalk to be constructed,
paved, repaved or maintained to the effect that such construction,
paving, repaving or maintaining as shall be deemed necessary by the
City shall be done by the property owner in conformance with plans
and specifications for such construction, paving, repaving or maintaining
of such sidewalk which are on file in the office of the City Engineer.
B.
Before such notice shall be served, the City Engineer
shall prepare plans and specifications for the construction, paving,
repaving or maintaining of any sidewalk in the City deemed by the
Mayor and Council to require construction, paving, repaving or maintaining.
Such plans and specifications shall be open to inspection by the owner
of the property upon which such sidewalk abuts.
C.
Service of notice.
(1)
Service of such notice shall be made by any member
of the Bureau of Police upon the owner of any property upon which
such sidewalk abuts that the same shall be constructed, paved, repaved
or maintained.
(2)
If such service can be made within Butler County,
it shall be done by personally serving the owner or any adult member
of such owner's household or any person in charge of a business, manufacturing
or mercantile establishment, corporation, partnership or other entity
which is the owner of the property upon which such sidewalk abuts
by leaving a copy of the notice with the individual served.
(3)
In the event that service cannot be so done then such
notice may be served upon the owner's agent or the party in possession
or, in the event that this cannot be done, then the notice may be
served by posting such notice conspicuously upon the premises, namely
the property upon which the sidewalk abuts.
D.
The period of 30 days from the service of such notice
is hereby fixed as the period of time within which the owner of such
property shall construct, pave, repave or maintain the sidewalk abutting
such premises in accordance with the notice served upon such owner
as above provided and in accordance with the plans and specifications
on file in the office of the City Engineer.
E.
Upon failure of any owner to construct, pave, repave
or maintain the sidewalk abutting his property after notice to do
so, the City then may construct, pave, repave or maintain such sidewalk
or may cause the same to be done and shall furnish all necessary materials,
equipment and supplies for the making of such improvements in conformance
with the plans and specifications on file in the office of the City
Engineer. An accurate account of the cost, labor and material shall
be kept and the same shall be charged against the owner and against
the abutting property, together with a penalty of 10% and costs, and
shall be a lien upon such premises from the time of the completion
of the work, which date shall be fixed by certificate of the City
Engineer filed with the City Clerk or may be collected by action in
assumpsit, or such lien may be filed and proceeded in as provided
by law in the case of municipal liens.
F.
The City Engineer shall assess such costs and expenses
together with a 10% penalty upon the premises abutting on such sidewalk
as soon as the work on such sidewalk is completed and shall certify
the same to the City Solicitor for collection or for filing liens
as provided by law.
Any person, firm or corporation violating any
of the provisions of this Article shall, upon conviction thereof before
a District Justice, be subject to a fine of up to $300 and costs of
prosecution and, in default of payment of such fine and costs, shall
be subject to imprisonment in the county jail for up to 90 days.
