[Ord. No. 1484 §§1 —
8, 4-2-1990]
A. It shall be the responsibility of the owner of any house, building, lot or premises to build and repair sidewalks, sidewalk curbing and driveways from curb to property line along any street, avenue or highway of the City as required by Article
I of this Chapter. Corner lots shall be liable for the extension of curbs and sidewalks to the curb lines each way.
B. No
owner of any house, building, lot or premises shall permit or allow
the sidewalk or grating or stairway in such sidewalk or curbing or
guttering or driveway from curb to property line in front or along
side of such house, building, lot or premises to be or remain out
of repair or shall suffer or allow such sidewalk, curbing, guttering
or driveway to be or remain above or below the established grade of
the same. The term "repair" as used in this Section,
shall be deemed to mean and embrace whatsoever is necessary for the
preservation of such sidewalk, curbing, guttering, or driveway and
to render the same safe and convenient for the public.
C. The Board of Aldermen shall have the power to condemn defective sidewalks, curbing, guttering or driveways and shall require the owners of any house, building, lot or premises in front or along side such defective sidewalks, curbing, guttering, or driveways to repair the sidewalks, curbing, guttering, or driveways so condemned or require the construction of new sidewalks, curbing, guttering, or driveways in place of those so condemned. Cost thereof to be paid by the owner of any house, building, lot or premises in front or along side of sidewalk, curbing, guttering, or driveway so condemned. Condemnation and reconstruction criteria shall conform to Article
I of this Chapter, Standards and Codes dated February 19, 1986, entitled "Packet of Standards", containing ninety (90) pages as prepared by Kansas City, Missouri, Department of Public Works, Pages 63A and 63B.
D. All construction and repair of sidewalks, curbing, guttering, or driveways within the street right-of-way shall conform with the regulations, standards and specifications defined in Article
I of this Chapter.
E. In
case the owner shall fail to construct or repair such sidewalk, curbing,
guttering or driveway as described herein, the Commissioner of Streets
is hereby authorized and empowered to provide for the building and
repairing of the sidewalk, curbing, guttering or driveway and the
cost thereof shall be levied as a special assessment on the lots or
pieces of ground abutting on such improvements in proportion to the
front foot thereof.
F. If
any Section, sentence, clause or phrase of this Section is for any
reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Section. Any part or section of
this Section hereinafter found to be in conflict with the provisions
of the laws of Missouri or any other ordinance or law of the City
of Pleasant Valley shall be read, construed and executed to conform
with Missouri law and with respect to City ordinances and the most
stringent construction shall apply.
G. For
any violation of this Section, the owner shall immediately stop the
violation, make corrections to conform to this Section, and be guilty
of a misdemeanor punishable by a fine of not more than five hundred
dollars ($500.00) and imprisonment for not more than ninety (90) days,
or both, such fine and imprisonment for each and every day that such
violation continues. Any such person who, having been notified of
violation under this Section, shall continue to violate the provisions
of this Section by failing to comply within ten (10) days after notice
shall also, in addition to the criminal penalty, be subject to a civil
penalty of one hundred dollars ($100.00) per day and the reasonable
attorney fees required to enforce compliance and collection of the
penalty herein provided. Every day before and after conviction of
any person for violation of this Section shall be a separate and distinct
offense for which a person may be again arrested, tried, convicted,
and punished as in the past instance.