[Code 1971, § 26-12.1]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All persons making use of public streets for foot passage.
That portion of a street outside of the roadway used, or
set aside, for the use of pedestrians.
The entire area conveyed, acquired, or dedicated to public
use and passage. The word "street" shall include in its meaning the
words "avenue," "alley," "drive," "place," or any other words used
to designate the public thoroughfare as defined in this subsection.
[Code 1971, § 26-10]
It shall be unlawful for any person hereafter to construct any
sidewalk in any of the streets of the City, or to replace or reconstruct
any sidewalk or any portion thereof within the streets of the City,
until such person shall have first obtained a written permit from
the director of public works approving of the materials, the grade,
width, and other filed specifications, as required by this article.
[Code 1971, § 26-11]
All sidewalks hereafter constructed in the City shall be laid upon the grade and line to be established by the director of public works. The permit provided for in section 21-32 shall specify that such grade and line have been established and shall require such walk to be built upon the grade and line so fixed by the director of public works.
[Code 1971, § 26-12)
It shall be unlawful for any person to lay or construct in or
along any of the streets in the City any sidewalk other than that
composed of such materials as may be specified as suitable for sidewalks
by the director of public works on a set of specifications to be filed
in his office.
[Code 1971, § 26-12.1]
(a)
It is the privilege, and, on notice from the department of public
works, it shall be the duty of any owner of any premises or parcel
of land within the City to grade and level the sidewalk in front of
the premises or parcel between the street line and the curbline.
(b)
The department of public works may, at the expense of the City, undertake
any necessary grading in any area of the City where federal funds
are available in full, or in part, for such grading and leveling.
(c)
It shall be the duty of the owner of any premises in the City, whenever
such work shall be ordered by resolution of the common council, to
relay and repair existing sidewalks in front of such premises, whenever
such work shall be so ordered. It shall be the duty of the owner of
any premises in the City to lay new sidewalks when ordered to do so
by resolution of the common council, such resolution having been passed
pursuant to a showing by appropriate City officials to the council
that a new sidewalk is needed pursuant to a plan for the development
of the City, or for reasons of safety or health of its citizens.
(d)
The department of public works shall notify the owner of any premises
in front of which such work shall be required to be done that if such
work is not done by the owner within 20 days, such work shall be done
by the City, and the expense thereof shall be assessed upon such premises.
This notice shall also notify the owner that he has 20 days to show
cause before the director of public works why such work should not
be done, is not needed, or can reasonably be delayed. Upon the request
of the owner for a hearing, pursuant to this section, such hearing
shall be scheduled no earlier than five days from the receipt of such
request by an owner. Such notice may be served personally or by mailing
it in the manner prescribed for the mailing of notices and the mailing
of taxes due by the City Assessor. If any such work shall not be done
within the time specified in such notice, the department of public
works may cause such work to be done. The expense thereof shall be
a charge and lien assessed thereon, upon such premises. Where federal
funds are available in whole, or in part, in a code enforcement area,
or an urban renewal project area, the cost of grading, installing,
or replacing sidewalks in that area, may be borne by the City.
(e)
Whenever the relocation of any installed sidewalks meeting City standards
is necessitated on account of the construction of a widened pavement,
or any street, the cost or expense therefor shall be paid solely by
the City from the general fund. No part of such cost or expense shall
be assessed against the premises abutting the sidewalk.
(f)
The taxes and assessments which are levied for the purpose of paying
the expense of sidewalk installation or improvement shall be payable
in equal annual installments over a five-year period, with interest
charges at the current going rate of investment. Owners of property
may have the option to pay the whole of such improvements so assessed
to them within 15 days from the time of the completion of such assessment-roll.
Such option or privilege may be exercised at the time when any installment
becomes due with the current rate of interest paid.
(g)
It shall be the duty of the owner of any premises to keep in repair
the sidewalk in front of his premises and the driveways serving the
premises.
(h)
If any owner shall neglect to grade or level the sidewalk in front
of lands owned or occupied by him for 20 days after notice to do so
by the director of public works, the director of public works may
cause such work to be done.
(i)
If the owner of any lands, the grade or level of which is above the
established grade of the sidewalk in front of his lands, shall neglect
or refuse to protect such land and to grade such land so as to prevent
dirt, earth, stones, or other material from falling or being washed
upon the sidewalk of such lands, for 20 days after service upon him
of notice, the director of public works shall cause such work to be
done.
(j)
No person shall construct or reconstruct a sidewalk on any street,
until he shall have obtained written permission to do so from the
department of public works. Permission to construct or reconstruct
a sidewalk may be obtained by the issuance of the department of public
works of a permit. Sidewalks constructed under a permit shall be constructed
of such materials and of such width as may from time to time be specified
by the department of public works.
(k)
It shall be the duty of every owner of any premises fronting on any
public street to keep the sidewalk in front of his premises in good
order and repair and to allow no accumulation of dirt, refuse, or
other material to remain thereon.
[Res. No. 168-92, 10-27-1992]
The director of public works or his designee shall have the
power to close or restrict through traffic on all streets of the City
or to establish detours when necessary for water, sewer, or street
maintenance, construction, snow removal, leaf removal, or other similar
work.
[Res. No. 114-93, § 1-3, 8-24-1993]
(a)
It is the policy of the City to install ramps or sloping walks at
pedestrian crosswalks at walkways serving state and local government
offices and facilities, transportation, places of public accommodation,
and employers.
(b)
It is the policy of the City to install, throughout the City, ramps
or sloping walks at pedestrian crosswalks whenever curb slabs are
replaced.
(c)
In order to achieve the policy of the common council, the director
of public works shall permit no sidewalk intersection work or undertake
any such intersection sidewalk work within the City without providing
curb ramps or other sloped areas where pedestrian's walks cross curbs.
For the purpose of this provision, sidewalk intersection work shall
be any work undertaken on any concrete block which adjoins the curb
or if not concrete block any work undertaken within the right-of-way.
