[R.O. 1997 § 540.020; Ord. No. 2414 § 1, 12-20-1994]
It shall be the responsibility of each owner of real property within the City of Kennett, Missouri, 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.
[R.O. 1997 § 540.030; Ord. No. 2414 § 2, 12-20-1994]
It shall be unlawful to construct, maintain, repair, remove or replace any sidewalk, curb or gutter within the City except in strict conformity with the requirements of this Chapter.
[R.O. 1997 § 540.040; Ord. No. 2414 § 3, 12-20-1994]
All maintenance and repair of public streets, alleys, sidewalks, curbs, and gutters and other public ways shall be under the supervision of the Street Committee and the Street Superintendent. All sidewalks, curbs and gutters shall be constructed at the expense of the owner of the lot or tract fronting or abutting thereon. Said owners shall bear the expense for all materials necessary for any repairs to sidewalks, curbs and gutters.
[R.O. 1997 § 540.050; Ord. No. 2414 § 4, 12-20-1994]
A. 
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 a 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. 
Mixture. The concrete mixture shall meet the Missouri State Highway Department's 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 approved by the Street Superintendent, and in true conformity with the established sidewalk grade, as fixed by such official.
4. 
Foundation. Sidewalk foundation shall consist of level bed.
5. 
The sidewalk shall consist of a layer of Class B concrete four (4) inches thick after being floated and neatly troweled or light broomed to a true plane and finished, conforming to the grade established by the City Engineer.
6. 
Sidewalks shall be a width stated in the City ordinances, or specified in the plans and specifications. The concrete shall be laid in sections approximately six (6) feet long, and, excepting enclosures, embracing twenty (20) square feet.
7. 
Deep sections shall be separated from the adjoining section by an artificial joint, made with a groover.
8. 
Where driveways are necessary across a sidewalk area, the driveway shall be built, in all respects, within the specifications for sidewalks set forth in the American Disabilities Act (hereinafter referred to as "ADA").
9. 
Sidewalks may be constructed of materials other than concrete only if the permit therefor has been issued in advance by the Street Superintendent. 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 a non-slippery surface which otherwise conforms to the specifications 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 Street Superintendent.
10. 
All sidewalks shall be laid to conform to a slope of one-fourth (1/4) of an inch to the foot, rising from the curbline, back to the property line, except where there is a difference in the location of curbline 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 Street Superintendent and worked to by the contractor, according to the instructions of such official.
11. 
Wheelchair ramps shall be constructed at all street intersections and crosswalks to conform strictly with the requirements of the ADA.
12. 
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.
13. 
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 Street Superintendent. Any such grate shall rest on a concrete lip at least four (4) inches wide.
14. 
All curbs and gutters constructed within the City shall be constructed and approved by the City Engineer, shall be constructed of Grade B concrete, and shall conform to all other relevant specifications set forth in this Chapter.
[R.O. 1997 § 540.060; Ord. No. 2414 § 5, 12-20-1994]
A. 
The following minimum criteria will be used to determine the need to replace or adjust sections of sidewalks:
1. 
A sidewalk slab shall be replaced when the slab is cracked in two (2) or more pieces.
2. 
Adjustments shall be made to sidewalks when:
a. 
The difference in vertical alignment at the joint between the adjacent slabs is one (1) inch or greater measured at any point across the width of the sidewalk.
b. 
Slabs are more than four (4) inches out of level measured at right angles to the longitudinal direction of the sidewalk; or
c. 
Slabs are more than three (3) inches out of vertical alignment with the longitudinal profile of the sidewalk as a result of settlement or upheaval due to tree roots or other causes.
B. 
The criteria set out above is intended as a general guideline to determine the necessity for corrective action, it being understood that there will be instances where a single criteria may not fit the actual field conditions.
[R.O. 1997 § 540.070; Ord. No. 2414 § 6, 12-20-1994]
No shade tree shall be planted by an adjoining lot owner on the curb side of the sidewalk except such trees as are approved by the Street Committee or the Street Superintendent. Any property owner who plants an unapproved variety of trees, shall bear the cost of removal of such tree.
[R.O. 1997 § 540.080; Ord. No. 2414 § 7, 12-20-1994]
It shall be unlawful to construct, repair or replace any public sidewalk, curb or gutter without having first secured a permit therefor. Applications for such permit shall be filed with the City Clerk, 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 or repair work. No permit shall be issued unless the proposed work will conform to the ordinances of the City. The Street Superintendent 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 Street Superintendent shall issue a permit. If the permit is denied, the Street Superintendent shall give the applicant a concise written statement of the reasons for the denial. Any applicant may appeal the decision of the Street Superintendent to the Street Committee of the City Council. Should any such construction or repair work commence prior to the issuance of a permit, the Street Superintendent shall order all work ceased until a permit is issued. Should the person or firm doing the construction repair work after being ordered to cease by the Street Superintendent and prior to the issuance of a permit, each day that any work or construction is performed shall be considered a separate violation of this Article. All violations of this Article shall be punished by fines not to exceed five hundred dollars ($500.00) for each violation.
[R.O. 1997 § 540.090; Ord. No. 2414 § 8, 12-20-1994]
The Street Superintendent or his/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 Article 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 Street Committee of the City Council upon appeal by the owner or contractor.