[R.O. 2011 §540.010; Ord. No. 00-12 §1, 4-12-2000; Ord. No. 2019-13, 4-8-2019]
A.
Statement Of Policy.
1.
It shall be the responsibility of each owner of real property
within the City of Trenton to construct, maintain, repair and replace
the public sidewalks, curbs and gutters adjacent to such property
in good repair and a safe condition and in accordance with the requirements
of this Chapter.
2.
It shall be unlawful to construct, maintain, repair, remove
or replace any sidewalk, curb or gutter within the City except in
strict conformity to the requirements of this Chapter.
B.
Supervision. All maintenance and repair of public streets, alleys,
sidewalks, curbs and gutters, and other public ways shall be under
the supervision of the City Engineer or, in his or her absence, the
Street Superintendent. Such official is hereby authorized to enforce
this Chapter by appropriate proceedings.
C.
Shade Trees And Awning Posts.
1.
No shade trees shall be planted by an adjoining lot owner on
the curb side of the sidewalk except such trees as are named on a
list administered by the Tree Committee. Any property owner who plants
an unapproved variety of tree shall bear the cost of removal of such
tree.
2.
All porch and awning posts shall be set on the lot side of the
sidewalk.
D.
Inspection. The City Council may cause sidewalks and curbs and gutters,
as well as any other City owned rights-of-way within the City to be
periodically inspected by such person as may be designated from time
to time by the City Engineer or Street Superintendent. A written report
of the results shall be submitted to the City Council for their consideration.
E.
Defects. Every City Officer and employee becoming cognizant of any
defect in any street, alley or sidewalk or any obstruction thereof
should report the same to the City Engineer or Street Superintendent
as soon as possible.
F.
Obstructions, Encroachments And Openings. It shall be unlawful to
cause, create, construct or maintain any obstruction of any street,
alley and sidewalk or other public way, including any building or
structure which encroaches upon any sidewalk, public street or other
public property and also including any opening or stairway in any
sidewalk or other public area, without a permit therefore from the
City Council, except as may be permitted specifically by ordinance.
G.
Deposits — Responsibility.
1.
It shall be unlawful to deposit on any public sidewalk, curb
or gutter any material which may be harmful to the pavement, or any
waste material, or any glass or other articles which might cause injury
to persons, animals or property.
2.
The owner and occupant of any lot or tract within the City shall
be mutually responsible and obligated to keep the gutter and sidewalk
in front of such lot or tract clear of mud, dirt, trash and other
objects.
H.
Dimensions Of Streets And Sidewalks. The public streets in the City
of Trenton, when not otherwise specifically provided for, are hereby
dedicated to the uses as follows:
1.
A strip of ten (10) feet in width on each curb side of every
street is reserved for use as a sidewalk.
2.
A strip of two and one-half (2.5) feet in width within the curb
of the street is reserved for guttering and storm sewers.
3.
The remaining portion of the street is reserved for vehicular
traffic.
4.
The City Council may dedicate or order certain parts of streets
to be used for park purposes.
I.
Injury Of New Pavements. It shall be unlawful to walk upon or drive
any vehicle or animal upon or injure any newly laid street or sidewalk
pavement while the same is guarded by a warning sign or barricade
or knowingly to injure any soft or newly laid pavement.
[R.O. 2011 §540.020; Ord. No. 00-12 §2, 4-12-2000; Ord. No. 2014-41 §1, 10-27-2014]
A.
Owner To Bear Expenses. Except as set forth in this
Chapter, all sidewalks, curbs and gutters shall be constructed, reconstructed
or repaired at the sole expense of the owner of the lot or the tract
fronting or abutting thereon by voluntary payment or by the levy of
a special assessment against such lot in proportion to the front foot
thereof, including the extension of curbs and sidewalks to the curblines
each way on the corner lots, and in conformity with all applicable
ordinances. The City may pay a portion of the cost of construction,
reconstruction or repair of sidewalks as follows:
B.
Specifications. All sidewalks, curbs and gutters
constructed within the City shall conform to the following specifications:
1.
Cement. All cement used in a concrete sidewalk
shall be of good grade of standard Portland cement, which will pass
the standard test specified by the American Society for Testing Materials
or the standard test required by the State Highway Department. Any
cement failing to meet either of these tests shall be removed from
the work and not used in any part thereof.
2.
Concrete. The concrete mixture shall be a minimum
of six (6) sack mix meeting class requirements per Missouri State
Highway Department standard specifications.
3.
Subgrade. The area in which a sidewalk is to
be constructed shall be excavated or filled so that the subgrade shall
be a true plane which is parallel with, eight (8) inches below, or
as approved by the City Engineer, Street Superintendent or his or
her designee and in true conformity with the established sidewalk
grade as fixed by such official.
4.
Foundation. The sidewalk foundation shall consist
of a level bed of clean tailings, crushed rock, or river or bank gravel
deposited on the subgrade.
5.
Finish course. The sidewalk shall consist of
a layer of Class B concrete, a minimum of four (4) inches thick, being
floated, troweled, edged and broom finished.
6.
Dimensions. Sidewalks shall be four (4) feet
in width, unless otherwise approved in the plans and specifications
submitted to the City Engineer or other designated official.
7.
Expansion of construction joints. The beginning
of each new section or the tie in of any old and new section shall
be separated by an expansion joint. Runs of sidewalk poured in lengths
exceeding eight (8) feet shall have construction joints sawed a minimum
of one-fourth (1/4) of the thickness of the concrete every six (6)
feet. Such joints shall be placed at right angles to the linear dimensions
of the sidewalk and be sawn into newly poured concrete no later than
forty-eight (48) hours from the time of the pour.
8.
Driveways. Where driveways are necessary across
a sidewalk area, the driveway shall be built, in all respects, in
the manner above described for sidewalks, except that the thickness
of the concrete shall be six (6) inches, shall be finished with a
longitudinal groove or corrugation providing a good traffic surface
and shall be reinforced with wire mesh or other good material approved
by the City.
9.
Protection and curing. After the construction
of the sidewalk as specified above, the work shall be protected from
damage by vehicles, pedestrians, animals or other cause that might
damage the surface of the concrete, and the sidewalk shall be kept
thoroughly wet and protected from the sun during hot weather. The
barricades or railings provided to keep traffic from the sidewalk
shall not be removed without the permission of the City Engineer or
Street Supervisor.
10.
Non-concrete sidewalks. Sidewalks may be constructed of materials other than concrete only if a permit therefor has been issued in advance by the City Engineer or Street Superintendent as provided in Section 540.020(C). Such permit may be issued only after the filing of a written application therefor by the property owner demonstrating that the materials and construction technique proposed will result in a finished sidewalk having a stable, uniformly level and non-slippery surface which otherwise conforms to the specification provided herein for concrete sidewalks. Such permit, when issued, shall be conditional upon the proposed sidewalk being constructed in strict conformity with the application, subject to modifications required by the City Engineer or Street Superintendent.
11.
All sidewalks shall be laid to conform to a slope of one-fourth
(1/4) inch to the foot, rising from the curbline back to the property
line, except where there is a difference in the location of curb and
property line or where the intersecting grades make it necessary to
combine or change the same; and these points shall be set by the City
Engineer or, in his or her absence, the Street Superintendent and
worked to by the contractor according to the instructions of such
official.
12.
Wheelchair ramps. Wheelchair ramps shall be
constructed at all street intersections and crosswalks to conform
to requirements of law including, but not limited to, Section 71.365,
RSMo.
13.
Retaining walls. If retaining walls are built
on the property line, the outer edge of the sidewalk may extend to
the retaining walls but the curb edge of the sidewalk shall be on
a line with adjoining sidewalks.
14.
Sidewalk openings. Any lawfully maintained
opening in a sidewalk shall be flush with the sidewalk and guarded
by a suitable strong cover or grate for the protection of the public
to the approval of the City Engineer. Any such grate shall rest on
a concrete lip at least four (4) inches wide.
15.
Curbs and gutters. All curbs and gutters constructed within the City shall be constructed with forms approved by the City of Trenton, shall be constructed of Class B concrete, and shall conform to all other relevant specifications provided in this Section 540.020.
16.
Reinforcing. All sidewalk replacement will
include No. 4 (one-half-inch diameter) re-bars installed horizontally
suspended midway of all concrete pours for reinforcement. Requirements
will include minimum of two (2) re-bars placed in four-foot sidewalks,
three (3) in five-foot sidewalks, and four (4) in six-foot sidewalks.
C.
Permits Required Before Construction. It shall be
unlawful to construct or repair any pavement on any public street,
alley, sidewalk, curb, gutter or other public way without having first
secured a permit therefor. Applications for such permits shall be
filed with the Zoning Enforcement Administrator and shall state the
location of the intended project, describe the particulars of the
materials to be used and their placement, and identify the person
or firm who is to do the actual construction work. No permit shall
be issued unless the proposed work will conform to the ordinances
of the City. The City Engineer or Zoning Enforcement Administrator
shall promptly review all such applications and determine if the proposed
work conforms to the requirements of the ordinances of the City. If
the work does so conform, the City Engineer or Zoning Enforcement
Administrator shall issue a permit. If the permit is denied, the City
Engineer or Zoning Enforcement Administrator shall give the application
a concise written statement of the reasons for the denial. Any applicant
may appeal the decision of the City Engineer or Zoning Enforcement
Administrator to the City Council.
D.
Inspection Required After Completion. The City Engineer
or his or her designee shall inspect all newly constructed sidewalks,
curbs or gutters upon completion of the work. Should such official
determine the construction not to conform to this Chapter in any way
or to have been damaged by rain, frost or any other cause, the work
shall be removed and reconstructed as directed by such official. Acceptance
or rejection by such official shall be final, subject to review by
the City Council upon appeal by the owner or contractor.
E.
Barricades Required During Construction.
1.
Any person laying or repairing any pavement on a street, sidewalk,
curb, gutter or other public place or making an excavation in the
same shall maintain suitable barricades to prevent injury of any person
or vehicle by reason of the work. Any such barricade shall be protected
by a light at nighttime.
2.
It shall be unlawful to disturb or interfere with any barricade
or lights lawfully placed to protect or mark any new pavement or excavation
or opening in any public street, alley, sidewalk, curb or gutter.
F.
Removal Of Rubbish. The contractor or owner shall,
before any curb and gutter work may be accepted by the City, remove
from the job site all rocks, broken stone, litter or trash of any
kind and leave the street and work in good condition and ready for
use.
[R.O. 2011 §540.030; Ord. No. 00-12 §3, 4-12-2000]
A.
Property Owner's Responsibility.
1.
Every owner of any lot or tract of land in the City which fronts
or abuts upon any street, avenue or other public highway upon which
there is no sidewalk, curb or gutter may be directed by the City Council
to construct a sidewalk, curb or gutter along or adjacent to such
property as provided in the Chapter.
2.
It shall be the duty of the owner of property which fronts or abuts
any sidewalk in the City to keep such sidewalk in good repair at all
times. If any such owner fails to do so, the sidewalk, curb or gutter
may be repaired by the City as hereinafter provided, and the cost
of the repairs shall be assessed as a special tax against such abutting
property also as hereinafter provided.
B.
Procedure. When, after review of the inspection report provided for in Section 540.020(D) hereof and in the judgment of the City Council, the construction or reconstruction of any sidewalk, curb or gutter shall be deemed necessary or upon the petition of any ten (10) citizens of the City, the City Council may by ordinance order and provide for the construction or reconstruction of the sidewalk, curb or gutter in accordance with the requirements of this Chapter.
C.
Condemnation Of Sidewalks Curbs Or Gutters. The City Council
may by ordinance condemn any sidewalk, curb or gutter which it finds
to be in a dangerous or defective condition or out of repair or which
is not located upon the established grade and line for sidewalks or
which does not conform to the specifications and requirements for
sidewalks as provided by ordinance and may provide for the removal
of any sidewalk, curb or gutter so condemned. Provided however, that
the cost of condemnation and removal of sidewalks shall be paid by
the owner of the lot fronting such sidewalks.
D.
Reconstruction Of Condemned Walks. When any sidewalk, curb
or gutter in the City has been so condemned by ordinance, it shall
be the duty of the owner of the lot or tract fronting or abutting
thereon to construct or reconstruct the sidewalk, curb or gutter according
to the requirements of this ordinance in the same manner as required
in the original construction of sidewalks, curbs or gutters.
E.
Order To Construct. If any property owner fails, neglects
or refuses to construct or reconstruct any sidewalk, curb or gutter
in compliance with the provisions of this Chapter, the City Council
shall make an order of record, requiring and directing the property
owner to construct or reconstruct the sidewalk, curb or gutter, stating
in the order the general description of the character of such sidewalk,
giving the kind of materials to be used, the length and width of the
sidewalk, the legal description of the property along or abutting
on which the sidewalk, curb or gutter is to be constructed or reconstructed,
the name of the owner thereof, and the time within which such order
must be complied with fully, which time shall not be less than thirty
(30) days from the date on which the order is served.
F.
Notice To Property Owner. The City Engineer, Street Superintendent
or other officer of the City shall immediately serve by registered
mail or personal service a certified copy of the order upon the property
owner. If any such property owner is not a resident of the City and
has no known agent or representative residing in the City upon whom
notice may be served, then the City Engineer or Street Superintendent
or other officer shall mail a copy of the order to the last known
address of the property owner and shall cause the order to be published
in some newspaper published in the City for four (4) consecutive weeks.
G.
Penalty For Non-Compliance With Order. Any property owner
upon whom has been served an order of the Council to repair, construct
or reconstruct any sidewalk, curb or gutter, who shall fail to comply
with the order within the allowed time, shall be deemed guilty of
an ordinance violation and on conviction thereof shall be punished
by a fine of not less than fifty dollars ($50.00) nor more than one
hundred dollars ($100.00).
H.
City May Proceed Upon Non-Compliance. If, at the expiration
of fifteen (15) days after the service of said notice if by personal
service or mail, or if by publication, at the end of four (4) weeks
after such publication such owner shall not, in good faith, have commenced
to build and repair any sidewalk and complete the same in a reasonable
time thereafter in the judgment of the City Council, the City Council
will cause such sidewalk to be built or repaired at the expense of
the City pursuant to this Section.
I.
Contracts For Construction Of Sidewalks. Upon the passage
and approval of an ordinance for the construction or reconstruction,
by contract, of any sidewalk, curb or gutter in the City, it shall
be the duty of the City Engineer or other proper official immediately
to prepare and file in the office of the City Clerk an estimate of
the cost, per cubic yard or square yard as the case may be, of the
improvement, including all necessary grading and filling, removal
of any obstruction, construction of necessary approaches, and materials
to be used. The estimate shall show each lot or tract fronting or
abutting upon the sidewalk to be improved and the estimated cost for
each lot or tract including a reasonable contingency and an amount
not to exceed twenty percent (20%) of the total cost of the project
for the payment of fees and expenses. No contract shall be let in
which the bid exceeds such estimate.
J.
Advertisement For Bids. No contract shall be let for the construction or reconstruction of any sidewalk, curb or gutter, as provided by this Chapter, until an advertisement for bids for the doing of the work shall have been published at least once in the official newspaper published of City. The date of the opening of the bids shall be set in conformance with Chapter 155.
K.
Contract Let Or City May Do Work. All such bids shall be
opened on the specified date by the City Clerk. The City Council shall
let the contract for the work by ordinance to the lowest and best
responsible bidder. If no bids are received or if bids received are
rejected, the City Council may re-advertise for bids or may, by ordinance,
order the City Engineer or other proper officer to proceed to construct
or reconstruct the sidewalk, curb or gutter according to the specifications
adopted therefor, keeping an accurate account of the cost of the separate
items therefor. In no event shall the cost of the work done by the
City Engineer or other proper officer exceed the estimate.
L.
Special Assessment — Procedure. When any sidewalk,
curb or gutter has been constructed or reconstructed by the City as
herein provide, the City Council shall pay all costs of the work out
of any funds available for the purpose. Upon the completion of the
work and its acceptance by the City, whether the same shall have been
done by contract or by the City, the City Council shall, by ordinance,
levy the cost thereof as a special assessment against each lot or
tract fronting or abutting on the sidewalks or other improvement in
the manner hereinafter provided.
1.
The special assessment shall be levied by ordinance which shall state
the number and title of the ordinance authorizing the work, the description
of each lot or tract assessed, the name of the owner thereof, the
number of front feet therein abutting on the improvement, the separate
items of cost of said improvement and the total amount thereof.
2.
The ordinance shall further provide for the making out of special tax bills by the City Clerk payable to the contractor doing the work or to the Mayor for and to the use of the City of Trenton the work has been done by the City or if the procedure allowed in Section 540.030(N) hereof has been elected by the City Council. All special tax bills shall be collected in the same manner as other tax bills and as otherwise provided in this Chapter.
3.
A separate tax bill shall be issued against each lot or tract of
ground against which an assessment has been made. Each bill shall
state the name of the owner of the lot or tract, a description of
said lot or tract, the number of front feet 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 bill is
issued, and the different items of the improvement and the total cost
thereof.
4.
All tax bills issued as herein provided shall be due sixty (60) days
after their issue and shall bear interest from maturity at a rate
not to exceed the rate on ten (10) year United States Treasury notes
as established at the most recent auction as fixed in the assessment
ordinance.
5.
All special tax bills shall be certified by the City Engineer or
other person making the computation of the cost for the City and shall
be signed by the Mayor and attested by the City Clerk under the seal
of the City of Trenton.
6.
All special tax bills shall, before delivery, be recorded by the
City Clerk in a book kept for that purpose. It shall be the duty of
the Clerk to release the tax bills on the margin of the record upon
their presentation by the holder or the assignee thereof and duly
marked "paid" or when it is shown by other satisfactory evidence that
such tax bills have been paid in full.
M.
Special Tax Bill A Lien On Property.
1.
The special tax bills issued against any property, except that owned
by the United States of America, the State of Missouri, or any State
institution, County, township or City, shall be and constitute a first
(1st) and prior lien thereon, subject only to the lien of general
State, County and City taxes, which lien shall continue for a period
of three (3) years from and after the maturity of the tax bills (in
the case of tax bills payable in installments, the lien will expire
after the maturity of the installment last maturing) and until the
final determination of any legal proceedings to collect the same.
2.
Any real estate owned by the State of Missouri, or by any State institution,
County, township or City, abutting on the improvement shall be liable
for the cost of such improvement the same as other property, and an
assessment shall be made thereon and tax bill issued in the same manner
as against other property, but said tax bill so issued shall constitute
a valid claim, but not a lien, against such State institution, County,
township or City and shall bear interest at a rate not exceeding eight
percent (8%) per annum from thirty (30) days after issue until paid.
N.
Contractor Paid In Special Tax Bills. When the advertisement
for bids and the contract so provides, any person who accepts a contract
with the City of Trenton for work under this Chapter shall be paid
in special tax bills made in conformity to this Chapter and the laws
of the State of Missouri.
O.
Special Tax Assessment Notes — Procedure. As an alternative
to the procedure provided in foregoing Sections of this Chapter, the
City Council may, when deemed in the best interest of the City, arrange
for the financing of the cost of the sidewalk, curb or gutter expense
by means of issuance of special tax bills and tax assessment notes
on the following manner.
1.
The special tax assessments made pursuant to this Chapter for constructing
and repairing sidewalks, curbs or gutters shall be known as "special
assessments for improvements" and shall be levied and collected as
a special tax. A special tax bill shall issue therefore and be paid
in the manner provided by ordinance. When proceeding under the provisions
of this Chapter, the City Council shall cause plans and specifications
for all projects, together with an estimate of the total cost for
all projects, including construction, construction contingency and
fees, and other expenses, and an estimate of the portion of the total
cost to be assessed against each property to be benefitted by the
project, to be prepared by the City Engineer or other proper officer
and filed with the City Clerk, subject to inspection by the public.
The Clerk shall cause notice thereof to be published in the official
newspaper of the City for seven (7) consecutive weekly insertions
in a paper or two (2) insertions in a weekly paper. A public hearing
shall be had before the City Council upon the request of three (3)
or more citizens of the City, at which hearing citizens may express
their assent or objection to such project. These special tax bills
may include a reasonable construction contingency and an amount not
to exceed twenty percent (20%) of the total cost of the improvements
to be used for payment of fees and other expenses, and tax bill may
bear interest not to exceed the rate on ten (10) year United States
Treasury notes established at the most recent auction. All tax bills
shall become due and payable sixty (60) days after the date of issue
thereof, except in the case of tax bills payable in installments as
herein provided. Every special tax bill shall be a lien against the
lot or tract or parcel of land described in said special tax bill
for a period of ten (10) years after date of issue, unless sooner
paid, except in the case of special tax bills payable in installments,
the lien of which shall not expire until one (1) year after the date
of maturity of the last installment or until the expiration of litigation
brought to enforce the lien of any special tax bill.
2.
The City Council may issue assessment notes secured by a special
fund into which the City shall deposit the special tax bills, and
the proceeds of any assessment notes issued to a fund reserve, and
any other fund to provide additional security for the noteholders
as may be required and available for such purposes. The City shall
assign to the special fund for the benefit of the holders or registered
owners of the assessment notes, or to a trustee for the holders or
registered owners of the assessment notes, the special tax bills evidencing
the tax liens provided for in this Chapter. Proceeds from the special
tax bills so deposited shall be used only for the payment of the assessment
notes issued for the particular improvement.
3.
Assessment notes issued pursuant to this Chapter shall be payable
solely from the assessment derived or to be derived from the special
tax bills issued for the particular improvement and such other funds
as deposited in the special fund. No such assessment notes shall constitute
an indebtedness of the City within the meaning of any constitutional,
statutory, or ordinance restriction, limitation or provision as provided
by Sections 88.811 to 88.815, RSMo. The face of each assessment note
shall state in substance that the note has been issued under the provisions
of Sections 88.811 to 88.815, RSMo., that the general taxing power
of the City is not to be pledged to the payment thereof either as
to principal or interest, and that the note and the interest thereon
are payable solely from the special fund as established pursuant to
this Chapter and Section 88.815, RSMo.
4.
When issuing such assessment notes, the City shall covenant with
the holders of such notes that it will diligently and faithfully enforce
and collect all assessments and interest and penalties thereon arising
from the special tax bills and tax liens deposited into the special
fund for the particular improvement, and that it will foreclose such
tax liens so assigned to such special fund or represented by the special
tax bills deposited in the special fund, after such tax liens have
become delinquent, and deposit the proceeds derived from such foreclosure,
including interest and penalties, in such special funds.
5.
Assessment notes — sale.
a.
All such assessment notes shall be sold at public sale as provided
in subdivision (b) of this Subsection or shall be sold at negotiated
sale if the City Council shall determine that a negotiated sale is
in the best interest of the City. If the City Council determines it
is in the best interest of the City to sell such assessment notes
at negotiated sale, the specific reasons for such determination shall
be recited in the ordinance authorizing the negotiated sale.
b.
Notice of public sale of assessment notes shall contain the following:
(1)
The name of the City as issuer;
(2)
The issue date, maturity dates, amounts to mature on each maturity
date, and interest payment dates;
(3)
The time, date and place where bids will be received;
(4)
The name, address and telephone number of a person from whom
additional information may be obtained; and
(5)
Any additional information deemed by the City Council to be
pertinent.
c.
Notice of the public sale of assessment notes shall be given by publication
in a newspaper of general circulation within the City. Such notice
shall be published not more than twenty-five (25) days nor less than
ten (10) days prior to the date of the sale.
d.
The City Council may reject any and all bids received for assessment
notes offered at the public sale. If the City Council does reject
such bids, the assessment notes offered may be sold at negotiated
sale at any time within thirty (30) days after the date advertised
for the receipt of bids, provided the negotiated sale results in a
lower net interest cost in dollars over the life of the issue to the
City than the best bid received at the public sale.
e.
The total cost of constructing and repairing sidewalks, curbs or
gutters, wherein a special tax bill shall issue therefor, may be paid
in ten (10) equal installments as provided in Section 88.816, RSMo.
Such tax bills may bear interest not to exceed the rate on ten (10)
year United States Treasury notes as established at the most recent
auction payable annually from sixty (60) days after the date of issue
until paid. The tax bills shall provide that if any annual installment,
or the interest thereon, is not paid when due, then all of the remaining
installments shall, at the option of the holder of the tax bill, become
immediately due and payable. The owner of the property charged with
the payment of the tax bill, or the owner of any interest therein,
shall have the privilege of paying the whole of any tax bill in full
at the time, or on any annual installment payment date of paying in
full one (1) or more of the remaining installments not of maturity
date.
[R.O. 2011 §540.040; Ord. No. 00-12 §4, 4-12-2000; Ord. No. 2014-42 §1, 10-27-2014]
A.
To encourage the replacement of sidewalks not meeting the requirements
of this Chapter, the City hereby establishes a cost-sharing sidewalk
replacement program. The following guidelines of the program are as
follows:
1.
For repairing defective sidewalks in the City, the City will
pay the material costs which shall be based on concrete material for
a sidewalk four (4) feet wide by four (4) inches thick. When replacing
a section that is connecting to a street line, the City will pay to
install a handicap ramp to ANSI/ADA regulations with required ADDAG
warning pads.
2.
The property owner will contract to have the repairs made and
must provide proof of the ability to pay the property owner's
share of the cost to the City prior to the beginning of construction.
The contractor must be approved by the City.
3.
The City Engineer or other proper officer will be the final
judge as to whether the sidewalk or any property of the sidewalk needs
to be repaired.
4.
Sidewalks will be repaired on a priority basis established by
the City Council.
5.
The City's total share on the cost-sharing sidewalk replacement
program shall not exceed amounts annually budgeted for that purpose.
6.
Cost participation by the landowner can be waived by the Mayor
for economic circumstances when the Mayor determines the income of
the property owner lacks sufficient resources to pay its share of
the costs.
7.
No variance to this policy shall be granted unless four (4)
members of the City Council vote in favor of the variance.
[R.O. 2011 §540.050; Ord. No. 00-12 §6, 4-12-2000]
Violation of any provision of this Chapter, for which no specific
penalty is provided, shall be an ordinance violation.
