[Ord. No. 276 §12(c)(2), 1957; Ord. No. 796 §1, 5-18-1966; Ord. No. 75-84 §§1,2, 8-6-1975; Ord. No. 81-18 §1, 4-8-1981; Ord. No. 83-19 §§1,2, 4-20-1983; Ord. No. 90-64 §1, 7-5-1990]
Except for additions to existing one-family dwellings, whenever there are any new buildings constructed or any buildings altered as defined by the Building Code, the owner of the land, or builder, shall construct concrete sidewalks in accordance with the standards adopted by the City. The sidewalks shall be constructed along the entire property abutting any street. In the event that the adjoining property contains curbs or gutters, then similar curbs or gutters shall also be constructed.
Prior to the issuance of a building permit for any construction where the provisions of Subsection (A) shall apply, the property owner or builder shall [place in] escrow with the City an amount to cover the cost of the sidewalk construction. This amount will be determined by the City Engineer, based upon the length of sidewalk to be constructed and current construction costs. No final occupancy permit shall be issued for the building being constructed or altered until the sidewalks have been constructed and approved by the City Engineer. Upon satisfactory construction of the sidewalks the City will refund the original escrow amount. If the property owner or builder fails to construct the required sidewalks the City may use the escrowed funds to construct the sidewalks.
Situations may occur where due to topography or unusual geometrics of the street cross-section it is not possible to construct a standard sidewalk that can become a logical part of the pedestrian walkway through the neighborhood. In these situations, the City Engineer may authorize an alternate construction that will provide for pedestrian traffic along the frontage of the property. However, such alternate construction shall not include exempting the builder or developer from providing some means for pedestrian movement across the property frontage.
Any person desiring a variation in the regulation of sidewalk construction and/or escrow of funds pertaining to the construction of such or who is aggrieved by any decision made by the City Engineer or his designated representative in administering such regulations may appeal to the City Council. Such appeal shall be taken within thirty (30) days of the date of the appeal by filing with the City Engineer a notice of appeal specifying the grounds thereof. The City Engineer shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed was taken. Six (6) affirmative votes of the City Council shall be required to grant a variance from or reverse a decision made by the City Engineer or his representative in administering the regulations pertaining to sidewalk construction and/or the escrow of funds pertaining to such.
To vary the regulations, the City Council shall make a finding of fact based upon the evidence presented in each specific case showing that all of the following conditions exist:
That the conditions upon which the requested variation is based will result in a particular hardship upon the applicant, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
That the conditions upon which the requested variation is based are not generally applicable to other property in the City.
That the granting of the variation will not endanger the public safety or be detrimental to the public welfare or substantially injurious to other property or activities in the neighborhood in which the property is located.
The City Council may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to prevent injurious effects therefrom upon other property or activity in the neighborhood and to better carry out the intent of the regulations.
[Ord. No. 276 §12(c)(4), 1957; Ord. No. 796 §1, 5-18-1966]
[Ord. No. 276 §12(c)(5), 1957; Ord. No. 796 §1, 5-18-1966]
All work of constructing, reconstructing, or repair of sidewalks shall be done under the supervision of the City Engineer.
[Ord. No. 276 §12(c)(6), 1957; Ord. No. 796 §1, 5-18-1966]
No person shall do the work of constructing, reconstructing or repairing of any sidewalk or driveway entrance in the City without first having obtained a contractor's license to do so. The license shall be issued by the City Clerk on payment of a fee of two dollars fifty cents ($2.50), and shall be good during the calendar year for which issued subject to revocation by the City Engineer for failure to observe any provisions of this Chapter, Chapter 400 where applicable, and Sections 400.300 and 400.260(I), relating to the construction, reconstruction, or repair of sidewalks and driveways entrances. At the time of obtaining such license, the contractor shall give bond to the City in the sum determined by the City Engineer. The bond shall be approved by the City Attorney, and be conditioned that the contractor will comply with the ordinances of the City relating to sidewalks, will maintain warning signs and protection while work is in progress, will hold the City and property owners harmless from all claims, demands, and actions against it or them arising out of the work, will replace any faulty work, and will remove all debris and clean up after the work is completed. The City Clerk shall keep a record of licenses issued hereunder in a permanent book, and shall pay over license fees to the City treasury when received.
[Ord. No. 276 §12(c)(3), 1957; Ord. No. 796 §1, 5-18-1966; Ord. No. 71-71, §1, 10-6-1971; Ord. No. 72-78 §1, 9-6-1972]
Every sidewalk and driveway entrance within the City of Bridgeton shall be kept free from irregularities and offsets in the surface thereof which may render the same unsafe for use. It shall be the duty of every owner of real estate within the City to repair any sidewalks and driveway entrances adjacent to his property when the same may be in a state of disrepair caused by normal wear and tear and deterioration or by an intentional or negligent act or omission of such owner or of a person residing on such property. The City shall repair any sidewalk or driveway entrance which may be in a state of disrepair caused by inadequate construction, by erosion of underlying soil as a result of the drainage of storm water from property other than that on which the sidewalk is located, or by a casualty. As used herein, the term "casualty" shall mean an act of a sudden and unexpected nature or an intentional or negligent act or omission of some person other than the property owner or a person residing on such property. The City may repair sidewalks and driveway entrances damaged by tree and/or plant root action.
[Ord. No. 276 §12(c)(7), 1957; Ord. No. 796 §1, 5-18-1966; Ord. No. 71-71 §1, 10-6-1971]
The City Council may, by ordinance or resolution, condemn defective sidewalks or driveway entrances, order their repair or removal and provide for the construction of new sidewalks and driveway entrances in place of those so condemned and removed.
[Ord. No. 276 §12(c)(8), 1957; Ord. No. 796 §1, 5-18-1966; Ord. No. 71-71 §1, 10-6-1971]
When the repair of a condemned sidewalk or driveway entrance shall be an obligation of the property owner, the City may undertake to repair same, and in such event the City shall assess the cost of the same against the owner of said property. No formality shall be required for undertaking the repair or replacement of such condemned sidewalk or driveway entrance, but the City Engineer shall give notice to the property owner that repairs are required and shall allow the property owner fifteen (15) days to perform the repairs before causing such work to be done by the City.
Upon the completion of the repair by the City of any sidewalk or driveway entrance on behalf of the adjacent property owner, the City Engineer shall cause the total cost of such repair to be determined and shall certify the same to the City Council. Upon the approval of such report by the Council, the report, with the approval of the Council endorsed thereon, shall be transmitted to the person designated by the Council to prepare special tax bills, and such person shall assess the same as a special tax against the lot of ground chargeable therewith in the names of the owner or owners thereof, and shall make out and certify bills of such costs and assessments accordingly as required by law.
When the City shall undertake any repairs which shall be the obligation of the property owner under this Chapter, the expense incurred by the City for labor (including supervision) and materials employed in such repair shall be charged as a lien against the property adjoining the sidewalk or driveway entrance on which such work is done.
[Ord. No. 276 §12(c)(9-12), 1957; Ord. No. 796 §1, 5-18-1966; Ord. No. 71-71 §1, 10-6-1971]
Any person who shall by his act or omission cause damage to a sidewalk or driveway entrance in the City of Bridgeton in such a manner as to obligate the City to repair same shall be liable to the City for its reasonable expenses incurred for labor (including supervision) and materials employed in repairing or replacing same.
When the repair of the condemned sidewalk or driveway entrance shall be the obligation of the City, no assessment shall be made against the adjacent property owner, but the City Engineer or other proper City officer shall determine the person or persons responsible for causing damage to the sidewalk or driveway entrance, and after completion of said repairs shall notify such person or persons as to the total cost of the repairs thereto, and shall request such person or persons to reimburse the City for its reasonable expenses incurred for labor (including supervision) and materials employed in the repair or replacement of said sidewalk or driveway entrance.
In the event the person or persons determined to be liable for such repairs as may be undertaken by the City shall not reimburse the City within sixty (60) days after receipt of notice from the City Engineer, the liability created under this Section may be enforced by legal action against such person or persons, or in such other manner as may be provided by law.
[Ord. No. 276 §12(c)(12), 1957; Ord. No. 796 §1, 5-18-1966]
Where the earth adjoining the sidewalks on the street side, when finished, is higher than the sidewalk, it shall be sloped to curb line. If at any place a fill is necessary, it shall be properly compacted before the sidewalk is laid.