[R.O. 1992 § 505.480; R.O. of 1942
§ 484; CC 1970 § 23-49]
The work of building, construction,
reconstruction, removing and repairing any sidewalk constructed under
the provisions of this Article, shall include all of the labor and
material necessary to fully complete the same. The entire improvement
made under any contract duly entered into shall be done in a thorough
and workmanlike manner and to the entire satisfaction of the City
Engineer, and when done shall be complete in every respect.
[R.O. 1992 § 505.490; R.O. of 1942
§ 485; CC 1970 § 23-50]
The City Council may by ordinance
regulate the building, construction, reconstruction or repair of sidewalks,
and may adopt plans and specifications for sidewalks and parkways,
which parkways shall include all of the space between the curbstone
and the building line or property line, or any space in the center
of a street which may be set aside as a parkway, and prescribe and
require certain materials to be used, and the manner and form of doing
the work, including the kind of shade trees to be planted and the
manner of their care and preservation.
[R.O. 1992 § 505.500; R.O. of 1942
§ 486; CC 1970 § 23-51]
The City Council may by ordinance
condemn any sidewalk which they may deem to be in a dangerous or defective
condition or out of repair, or any sidewalk which is not located upon
the established grade and line for sidewalks on the street on which
it is located, or any sidewalk which is not located upon the established
grade and line for sidewalks on the street on which it is located,
or any sidewalk which does not conform to the specifications and requirements
for sidewalks in the City, and provide for the removal of any sidewalk
so condemned.
[R.O. 1992 § 505.510; R.O. of 1942
§ 487; CC 1970 § 23-52]
The City Council may by ordinance
provide that the owner of any lot or tract shall build and construct,
or rebuild or reconstruct, or repair a sidewalk lying along and adjacent
to his/her property, and may require the owner to grade, fill or park
that portion of the street lying between the property line and the
street curbline, and to build approaches, and may provide for the
serving of notices to do the work by delivering a written order to
the property owners or their representatives, or by publication, and
may provide by ordinance that any person who shall, after having been
notified as above, fail, neglect or refuse to comply with the order,
shall be guilty of an offense.
[R.O. 1992 § 505.520; R.O. of 1942
§ 488; Ord. No. 4461 § 1, 9-16-1974; Ord. No. 7230, 6-15-1992; Ord. No.
01-9013 § 2, 6-4-2001]
The City Council may by ordinance
provide for the building of any sidewalk or for the rebuilding and
reconstruction of the same, including grading and filling therefor,
and including the removal of any obstructions, and including approaches
at corner lots, and including the grading or parking of that portion
of the street lying between the property line and the street curbline,
by contract, and levy a special assessment against each lot or tract
along which such work is done, for the cost thereof; provided, that
no such contract shall be let until the plans and specifications for
said work have been adopted by ordinance. No contract shall be let
until an advertisement for bids for the doing of such work has been
published in at least one (1) issue of a weekly newspaper or at least
two (2) consecutive issues of a daily newspaper published in the City,
and the date for the opening of the bids shall be at least ten (10)
days after the date of the first publication of the advertisement
for bids; and provided, further, that before the bids are opened,
the City Engineer shall prepare and file an estimate showing the estimated
quantities of grading, filling and for the various materials required
for the sidewalk in front of each separate lot, tract or parcel of
ground, an estimate of the cost of the work per cubic yard or per
square yard, as the case may be, an estimate of the cost of the removal
of any obstruction; and no contract shall be let for a price in excess
of the estimates of the cost. After the bids are opened by the City
Clerk, the City Council shall let the contract for the work to the
lowest and best responsible bidder, and in case there are no bids
or that all bids are rejected for any reason, the City Council may
readvertise for bids for the work, or may by ordinance order and require
the City Engineer to build and construct the sidewalk or to do the
other work as herein contemplated, according to the specifications
adopted therefor; provided, that the cost of the work shall not exceed
the estimate of the City Engineer previously filed, keeping an accurate
account of the cost of the separate items thereof, and the City Council
shall pay for the labor and material and all other cost of the work
out of any funds which they may have on hand available for such purpose.
At the completion of the work, either by contract or by the City,
at last provided, the City Council shall levy the cost thereof as
a special assessment against the lot, tract or parcel of ground along
which each of the sidewalks or other improvements are made in the
manner as hereinafter provided. All bids in this Article shall be
accompanied by a certified check or cashier's check, made payable
to the order of the City, equal in amount to five percent (5%) of
the amount bid for such work as a guarantee that the bidder, if awarded
the contract, will enter into a written contract to perform the improvement;
provided, that no such check shall be in an amount less than ten dollars
($10.00).
[R.O. 1992 § 505.530; R.O. of 1942
§ 489; CC 1970 § 23-54]
The City Council may by ordinance provide for the repairing or reconstruction of any sidewalk by the City Engineer or other proper person designated in the ordinance paying the cost thereof as provided Section
505.430 hereof, and may assess and levy the cost thereof as a special assessment, as in the preceding Sections provided.
[R.O. 1992 § 505.535; Ord. No. 8031 §§ 1—2, 11-4-1996; Ord. No. 07-10239 §§ 1—2, 4-16-2007]
A. It is hereby ordered and directed that
the cost of repair or replacement of hazardous concrete sidewalks,
curb and gutters and driveway approaches which are identified by the
City in need of repair or replacement be paid for out of general revenue
or other funds of the City available for said purpose.
B. The City Engineer is hereby directed to
prepare plans and specifications and identify these sidewalks, curb
and gutters and driveway approaches which need to be repaired to include
all necessary resolutions, advertisements, etc.
[R.O. 1992 § 505.550; R.O. of 1942
§ 492; CC 1970 § 23-56]
The term "approaches" or "sidewalk
approaches" as used in this Article shall be understood to mean the
extension of sidewalks at corner lots from the property line each
way to the street curbline, and being in fact the connection across
the parkway or intervening space between the corner of the property
and the crossing in the street.
[R.O. 1992 § 505.560; R.O. of 1942
§ 492; CC 1970 § 23-57]
Upon all questions concerning the
execution of the work done, in accordance with the specifications
and the measurements thereof, the decision of the City Engineer shall
be final. The City Engineer shall have power to discharge careless
and incompetent workmen.
[R.O. 1992 § 505.570; R.O. of 1942
§ 493; CC 1970 § 23-58]
The cost of any of the work or improvements contemplated in this Article that are made and done either by contract or by the City Engineer, or other proper person acting for the City, shall be levied as a special assessment against the lot, parcel or tract of ground along and in front of which the improvement is made, and the cost of the approaches, defined in Section
505.460, shall be levied as a special assessment against the corner lots which the approaches abut and connect with. The assessment shall be levied by ordinance, in which ordinance shall be set out separately the number and title of the ordinance under authority of which the work will be done, a separate description of each lot, tract or parcel of ground assessed, the name of the owner thereof, the number of front feet therein abutting on the improvement, the separate items of cost of the improvements, and the total amount thereof. The assessment ordinance shall further provide for the making out of tax bills by the City Clerk in evidence of the assessments, payable to the contractor doing the work. For the delivery of the tax bills in payment for the work or if the work was done by the City Engineer or other person acting for the City, as provided in the preceding Sections hereof, the tax bills shall be made payable to such Engineer or other person and for and to the use of the City, and shall be collected the same as other tax bills.
[R.O. 1992 § 505.580; R.O. of 1942
§ 494; CC 1970 § 23-59; Ord. No.
7230, 6-15-1992]
A separate tax bill shall be issued
against each lot or tract against which an assessment has been made,
and shall state therein the name of the owner of record of the lot
or tract assessed, an adequate description of the lot or tract, the
number of front feet therein abutting on the improvement, the number
of the improvement ordinance under which the work was done, the number
of the assessment ordinance under which the tax bills are issued,
the different items of improvement and total cost thereof; and shall
be payable to the contractor doing the work, or the City Engineer
or other person to and for the City, as the case may be. The tax bills
shall be due in thirty (30) days after the date of issue thereof and
shall bear interest after the thirty (30) days at a rate not to exceed
eight percent (8%) per annum.
[R.O. 1992 § 505.590; R.O. of 1942
§ 495; CC 1970 § 23-60]
When any sidewalk has been constructed
by the City Engineer or other person authorized and directed by the
City Council, and when tax bills have been made out by the City Clerk
in payment therefor, the City Clerk shall enter an abstract of the
same in his/her record book of special taxes, in the same manner as
other tax bills are abstracted and recorded, and he/she shall then
turn over such tax bills to the City Collector, charging him/her therewith
and taking his/her receipt therefor, duly endorsed on the record where
such tax bills are recorded, and the City Collector shall immediately
proceed to collect or sell the same.
[R.O. 1992 § 505.600; R.O. of 1942
§ 496; CC 1970 § 23-61]
Any real estate owned by the City
or school district shall be liable for the cost of any of the improvements
contemplated and provided for in this Article the same as other property,
and an assessment shall be made thereon and tax bills issued in the
same manner as tax bills against other property. Such tax bills shall
be a valid and subsisting claim against such City or school district
the same as any other debt or demand against such City or school district,
and shall be paid for out of funds appropriated by them for such purposes,
and shall bear interest at the rate of eight percent (8%) annum from
thirty (30) days after the date of issue until paid.
[R.O. 1992 § 505.610; R.O. of 1942
§ 497; CC 1970 § 23-62]
Special tax bills issued under the
provisions of this Article shall, in action thereon, be prima facie
evidence of the regularity of the proceedings for such special assessment,
of the validity of the bill for the doing of the work, and of the
furnishing of the material charged for, and of the liability of the
property to the charge stated in the bill.
[R.O. 1992 § 505.620; R.O. of 1942
§ 498; CC 1970 § 23-63]
All of the tax bills shall be certified
as correct by the City Engineer who shall make the computation under
authority of the City Council, and shall be signed by the Mayor, attested
by the City Clerk under the Seal of the City.
[R.O. 1992 § 505.630; R.O. of 1942
§ 499; CC 1970 § 23-64]
All tax bills shall be recorded by
the City Clerk in a book kept by him/her for such purpose before the
delivery of the tax bills. The City Clerk shall release the tax bills
on the margin of the record thereof upon presentation of the tax bills
duly marked "Paid" by the holder or assignee, or upon presentation
of other suitable evidence that such tax bills have been paid in full.
[R.O. 1992 § 505.640; R.O. of 1942
§ 500; CC 1970 § 23-65]
In any suit or proceeding to enforce
the collection of any special tax bill issued under the provisions
of this Article it shall only be necessary for the owner thereof to
charge in the petition that such amount is due by the defendant to
the plaintiff for a certain improvement made by virtue of certain
ordinances, giving their title and date of adoption; provided, that
nothing in this Article shall be construed as to prevent any defendant
from pleading and proving in reduction of any bill any mistake or
error in the amount thereof, or that the work therein mentioned was
not done in a good and workmanlike manner; and provided further, that
if any person shall plead any mistake or error in the amount of the
bill, or that the work was not done in a workmanlike manner, and that
such party, before the commencement of the suit tendered to the contractor
or holder of the bill the full value of the work done, and shall establish
the same on trial, the recovery shall only be in the amount so tendered,
and judgment for costs shall be rendered against the plaintiff; provided,
further, that if it be pleaded and proved that work for which the
bill was issued was not done according to the terms of the contract
made by the contractor with the City then the plaintiff shall recover
thereon only the actual value of the work done with interest at six
percent (6%) from the date, if of any value, and if not of any value
the judgment shall be for the defendant. No suit for the collection
of any tax bill shall be defeated or affected by any irregularity
affecting any other bill or matter rendering any other bill invalid
in whole or in part; provided, further, that if at any time it is
found that there has been any error in the issuance of any tax bills
or in any assessment, or in the mode or manner of any assessment,
the same shall be corrected and a reassessment made, if necessary
to correct mistake, by the proper officials and the reassessment shall
be as binding in all respects the same as if no previous assessment
had been made or tax bills issued.
[R.O. 1992 § 505.650; R.O. of 1942
§ 501; CC 1970 § 23-66]
All sidewalks constructed in the
City shall be done according to plans and specifications furnished
by the City Engineer, and shall be compliant with the current Americans
with Disabilities Act (ADA).
[R.O. 1992 § 505.660; R.O. of 1942
§ 502; CC 1970 § 23-67; Ord. No.
7230, 6-15-1992]
All real property shall be liable
for the cost of the improvement contemplated in this Article, whether
owned by a person, a company, a corporation, a railroad corporation
or company, a church, a charitable institution, educational institution,
eleemosynary institution, cemetery or cemetery association or any
other institution or association whatever, except real estate owned
by the City or school district, and the tax bills so issued on all
property, except those last named and excepted, shall be and constitute
a first and prior lien against the property described therein, and
second, only to the lien of State, County and City taxes, and such
lien shall continue for a period of three (3) years after the maturity
of each or any of said tax bills, or until the final determination
of any legal proceedings to collect the same.
[R.O. 1992 § 505.670; R.O. of 1942
§ 503; CC 1970 § 23-68]
All material will be carefully inspected
after it is brought on the line of work, and all materials which in
quality and dimension does not conform to the specifications shall
be rejected and such rejected material shall be immediately removed
from the line of work. If at any time during the progress of the work
any rejected or inferior material should be found in a sidewalk being
built under contract, or any portion of the work found improperly
done, such material and work shall be removed and replaced by proper
material and work at the expense of the person doing the work. Notice
of an imperfection of work or inferiority of material to any foreman
or agent in charge of any portion of the work, in the absence of the
contractor, shall be considered notice to the contractor. The contractor
shall be required to remove, at his/her own expense, all obstructions
such as trees, stones, etc. The contractor shall remove all material
and debris from the street as soon and as fast as completed. The contractor
shall maintain red lights at nighttime at all holes or other dangerous
places on the street, and shall keep all dangerous places adjacent
to the work and on the streets at all times barricaded and protected.
[R.O. 1992 § 505.680; R.O. of 1942
§ 504; CC 1970 § 23-69]
The location and width of sidewalks
shall be fixed from time to time by ordinance, and each ordinance
provided for the construction of a sidewalk shall specify the material
to be used, and any person who shall lay or attempt to lay any sidewalk
of different dimensions or material from that provided for and authorized
by an ordinance providing for the construction or reconstruction of
any sidewalk shall be deemed guilty of an ordinance violation.
[R.O. 1992 § 505.690; R.O. of 1942
§ 505; CC 1970 § 23-70]
It shall be the duty of an owner
of any lot or tract of land within the City to build and construct,
rebuild, reconstruct or repair a sidewalk lying along and adjacent
to his/her property, after the passage of an ordinance requiring the
construction, rebuilding, reconstruction or repair of sidewalks along
a street and over a particular part thereof, including the lot or
tract of any such owner.
[R.O. 1992 § 505.700; R.O. of 1942
§ 506; CC 1970 § 23-71]
It shall be the duty of an owner
of any lot or tract of land within the City to grade, fill or park
that portion of the street lying between the property line and the
street curbline, and to build the necessary approaches thereto after
the passage and approval of an ordinance requiring such work and improvement
along a street and over a particular part thereof, including the lot
or tract of any such owner. All portions of the right-of-way shall
not exceed the grade of the adjacent street.