[R.O. 2003 §405.070; Ord. No. 734 §3, 7-7-2005]
While the City of Buckner does not own the sidewalks within
the City limits, it still bears responsibility under State law for
ensuring that sidewalks are maintained in a reasonably safe condition.
[R.O. 2003 §405.080; Ord. No. 734 §3, 7-7-2005]
A. The Building Official shall conduct an assessment of all sidewalks
in the City every three (3) years. After the initial assessment, this
shall be done by inspecting one-third (1/3) of the sidewalks in the
City each year in accordance with an assessment schedule to be implemented
by the Building Official. The assessment and all reported problems
shall be documented and a repair schedule developed. This information
should be continually analyzed so that repair schedules can be altered
as priorities change. In addition, other public access areas for foot
traffic should be assessed and a schedule for repair established.
B. Public Works Department employees are to report any unsafe condition
outside of the normal assessment. In order to do this, these employees
shall be educated, at the expense of the City, on common hazards and
instructed to report problems.
[R.O. 2003 §405.090; Ord. No. 734 §3, 7-7-2005]
A. The information collected during an assessment is in relation to
hazards of foot traffic on public sidewalks and in other public access
areas. The information shall include, but not be limited to, the following:
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Location
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Level of pedestrian traffic
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Description of any cracks
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Description of any heaving
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Deficient draining
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Low overhanging branches
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Guy wires in walking area
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Missing sections
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Crushed areas
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Backfilling
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Unsafe manholes and valves
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Low signs
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Priority of needed repairs
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[R.O. 2003 §405.100; Ord. No. 734 §3, 7-7-2005]
A. Upon the advice of the Building Official, the Board of Aldermen may
by ordinance or resolution condemn defective sidewalks, in accordance
with State law, and may direct the Public Works Superintendent to
remove the same and may provide funds for the construction of new
sidewalks in their place. The following criteria shall be used by
the Public Works Superintendent to designate who is to repair the
sidewalk:
1.
If the defects in a sidewalk were caused by faulty City infrastructure:
a.
The Building Official shall seek budget funding for the next
quarter or fiscal year from the Board of Aldermen.
b.
The Building Official shall schedule time for City public work
crews to repair the defective sidewalks.
2.
If a sidewalk has deteriorated due to the property owner failing to maintain it or due to general deterioration of the concrete, then the procedures in this Subsection shall be performed in conjunction with Sections
405.110,
405.120 and
405.130.
a.
The Building Official shall notify the property owner, by certified
letter, of the defective sidewalk and the need for the property owner
to repair the sidewalk per City ordinance.
b.
If the property owner does not repair the sidewalk within the
time frame designated, the Building Official shall obtain the services
of an outside contractor to have the sidewalk repaired.
c.
The office of the City Clerk shall have the bill levied against
the property owner's tax bill at the County.
[R.O. 2003 §405.110; Ord. No. 734 §3, 7-7-2005]
For making and repairing sidewalks and sidewalk curbing, the
cost thereof shall be levied as a special assessment on the lots and
pieces of ground abutting on such improvements in proportion to the
front footage thereof; provided, that corner lots shall be liable
for the extension of curbs and sidewalks to the curb lines each way.
[R.O. 2003 §405.120; Ord. No. 734 §3, 7-7-2005]
Whenever any person fails or neglects to repair or build any
sidewalk when ordered to be done by the Building Official within sixty
(60) days of receiving such notice as provided by the City, except
in winter months when the ground is frozen or has frost in it or the
temperature is forty degrees Fahrenheit (40° F.) or below or in
case of necessity for the general safety there is need of immediate
repair of any sidewalk, upon the failure of any person to repair the
same within fourteen (14) days after being notified to do so, the
Building Official may without further notice cause such work to be
done, keeping an account of the costs thereof and report the same
to the Board of Aldermen for assessment and each lot or piece of ground
abutting on such sidewalk, street, avenue or alley or part thereof
shall be liable for its part of the cost of such work made along or
in front of such lot or pieces of ground as reported to the Board
of Aldermen. All tax bills issued in payment of such repair shall
constitute a lien upon the property liable therefor until paid. Such
tax bill shall be issued in favor of the City for such repairs and
shall bear interest at the rate of eight percent (8%) per annum from
date of issue. All such special tax bills shall be negotiable and
shall be paid within thirty (30) days from date of issue; and as a
penalty for failure to pay them within said time in all cases where
legal proceedings are commenced for the collection of any such tax
bills after expiration of thirty (30) days from the issue of such
bill or bills, the holder thereof shall recover, in addition to the
full amount of such tax bill or bills, all necessary costs and reasonable
attorney's fees paid out or contracted by plaintiff to secure
the final payment of such tax bill or bills.
[R.O. 2003 §405.130; Ord. No. 734 §3, 7-7-2005]
A. Sidewalks shall be constructed in accordance with Section 2300, APWA Street Specifications, latest edition, and
Schedule 4 at the end of this Chapter.
1.
Permit. No person shall construct a sidewalk,
nor shall any person maintain a sidewalk not heretofore constructed
and used for such without first obtaining a fifty-dollar ($50.00)
permit therefor from the Building Official.
2.
Material/Concrete Condition.
a.
Concrete shall have a twenty-eight-day minimum compressive strength
of four thousand (4,000) psi (ASTM C31). The test capacity must be
written on the load invoice.
b.
Concrete must be started unloading within one (1) hour and completely
unloaded within a maximum of one and one-half (1 1/2) hours from
the load time as shown on the invoice.
3.
Material Thickness. All sidewalks constructed
inside the City limits of the City shall be a minimum of four (4)
inches thick, except where they cross a driveway, in which case they
will be a minimum of six (6) inches thick.
4.
Minimum Width. No sidewalk shall be built less
than four (4) feet wide. Where there is a handicapped accessibility
ramp, the width shall be adjusted to the APWA standard within the
guidelines of the ADA Act.
5.
Reinforcement.
a.
Sidewalk In Driveway. That portion of the sidewalk
in the driveway approach will have the first eleven (11) feet from
the curb reinforced with #4 re-bar, one-half (1/2) inch, on two-foot
centers wired together on chairs.
b.
Sidewalk Not In Driveway. Reinforcement shall
be 6x6 W2.9 x W2.9 welded steel wire fabric.
6.
Expansion And Contraction Joints. Expansion
joints shall be placed at one hundred (100) foot centers. Contraction
joints shall be placed at four (4) foot centers.
7.
Handicapped Access. Where sidewalks abut a street, ramps shall be installed according to the APWA standards and Buckner ordinances for wheelchair accessibility with stamped pavers. See
Schedule 5 to this Chapter for details.
8.
Finish. Sidewalk surfaces shall be broomed
with a four-inch edge on all sides to include expansion and contraction
joints.
9.
City To Inspect. The City shall inspect the
building of all sidewalks on any and all streets in the City and see
that they are built in accordance with this Section.
[R.O. 2003 §405.140; Ord. No. 734 §3, 7-7-2005]
All street crossings built in the City shall conform to the
specifications and material requirements that the City shall prescribe
and shall be built with an inspection by the City Engineer or Building
Official.