[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]
A.
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.
B.
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.
C.
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.
E.
Variances.
1.
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.
2.
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:
a.
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.
b.
That
the conditions upon which the requested variation is based are not
generally applicable to other property in the City.
c.
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.
3.
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]
All sidewalks, including entrances to driveways, shall be constructed, reconstructed, and repaired of the materials as specified herein and in Section 400.300 and 400.260(I). Sidewalks shall be not less than four (4) feet in width.
[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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
