City of Mount Vernon, MO
Lawrence County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former Sections 510.010 and 510.030 through 510.150, adopted by Ord. No. 10.01, as amended 9-8-1998 by Ord. No. 10.38, were repealed 6-10-2008 by Ord. No. 10.50.
[R.O. 2004 § 510.010; Ord. No. 10.50 § 1, 6-10-2008]
All sidewalks on the streets in the City of Mount Vernon hereafter erected, unless otherwise specially provided by ordinance, shall be constructed as hereinafter provided and maintained at the cost and expense of the owners of lots or property in front of which said sidewalk may be erected; provided, however, that any person or persons being desirous of erecting a sidewalk not in conformity with the provisions hereinafter set forth may, on application to the Board of Aldermen, be permitted by said Board to erect such sidewalks as they, the Board, may deem sufficient and necessary for public use in such locality.
[R.O. 2004 § 510.020; Ord. No. 10.01 § 2, No Date; Ord. No. 10.54 § 1, 11-27-2012; Ord. No. 10.62, 11-26-2019]
All sidewalks on the east side of Hickory Street and the west side of Market Street situated between Water Street and Dallas Street; and on the north side of Water Street and the south side of Dallas Street situated between Hickory Street and Market Street shall have a nominal width of ten (10) feet. Sidewalks on Hickory Street, from the square to Mount Vernon Boulevard, shall have a nominal width of five (5) feet and shall be located on both sides of the street where current infrastructure allows. All other sidewalks shall be a minimum of four (4) feet wide and are required only on one (1) side of the street.
[R.O. 2004 § 510.030; Ord. No. 10.50 § 2, 6-10-2008]
A. 
Any sidewalk which the Public Works Director shall find to be unsafe, in poor repair or in violation of the City Code shall be reported to the Board of Aldermen who shall have the authority and may direct by ordinance the new construction of a sidewalk or the repair, or condemnation and removal of any existing sidewalk when in the judgment of the Board such action is necessary to keep the sidewalks in a reasonably safe condition for use of the public. Also, no person shall erect or cause any encroachment into or upon any sidewalk so as to cause an obstruction to the sidewalk, curbstones, gutter or crosswalk. The Public Works Director is hereby authorized to inspect, prohibit the placement or request the removal of any trees, shrubs, awnings, lampposts, awnings posts, electric or other utility construction or the making of excavations through and under any sidewalk within this City.
B. 
Each ordinance so passed by the Board of Aldermen shall instruct the Director of Public Works, or authorized representative, to assess the site conditions. Once inspection is completed, the owner of any lot or tract on which a sidewalk has been deemed to be unsafe, in poor repair or in violation of the City Code shall be served with a notice by the City or by such notice being mailed to the last known address of such individual, that such conditions exist and that the owner shall have thirty (30) days from the date of such service in which to submit a plan to remedy the violation stating time for completion of all repairs as approved by the Public Works Director. Notice provided for in this Section may be given by certified mail addressed to the last known address of the owner of record or by personal service upon the owner of record, and if there should be more than one (1) owner of record, then by mail or personal service to any one of the owners. If the owner of the abutting property shall be unknown or his/her whereabouts unknown, notice shall be given by posting the same in the local newspaper in accordance with the procedure set forth in Section 88.877, RSMo.
[R.O. 2004 § 510.040; Ord. No. 10.50 § 3, 6-10-2008]
Sidewalk construction shall comply with the City's Standard Specifications and Design Criteria for sidewalks, a copy of which shall be maintained at City Hall and available to the public during normal business hours.
[R.O. 2004 § 510.050; Ord. No. 10.50 § 4, 6-10-2008]
A. 
Upon the passage of any ordinance for the construction of any sidewalk it shall be the duty of the City Clerk, within ten (10) days after its passage, to ascertain the names of all the property owners along or in front of whose property the proposed sidewalk is to be constructed and file a list of the names with the Mayor. The Mayor shall, upon receipt of such list, cause the owners or occupants of the property so mentioned in such list to be notified in writing of the provisions of such ordinance, and it shall be sufficient in such notice to refer to such ordinance by number, title, date of passage and adoption. And he/she shall notify such owners that by such ordinance they are required to build the sidewalk along or in front of their property within the time specified by such ordinance.
B. 
If the owner or owners of the property shall be unknown or a non-resident of the City of Mount Vernon, or cannot be found within the limits of said City, such notice may be given in the manner described in Section 510.030(B), above, and Section 88.877, RSMo.
[R.O. 2004 § 510.060; Ord. No. 10.50 § 5, 6-10-2008]
On failure of any such owner to construct such sidewalk within the time specified by ordinance, after having received due notice of its passage, it shall be the duty of the Board of Aldermen to advertise the letting of a contract for the construction and completion of such sidewalk by local newspaper notice and a printed handbill posted in a public place in City Hall, not less than five (5) days prior to the letting of said contract. Such notices shall state the number of lineal feet and the width of the sidewalk to be constructed, the commencement and termination thereof, the kind of material to be used, the manner of construction and that the contract will be let to the lowest bidder, and shall also specify the time and place, when and where such bids will be received and opened. The Board shall award such contract to the lowest responsible bidder; provided, however, the said Board shall have the right to reject any and all bids upon the appearance to them of good and sufficient reason therefor.
[R.O. 2004 § 510.070; Ord. No. 10.50 § 6, 6-10-2008]
A. 
All projects will be awarded to bids let and submitted according to the purchasing and procurement policies of the City of Mount Vernon.
B. 
All sidewalks constructed under and by virtue of this Article shall be built and completed under the supervision of the Public Works Director and shall conform to the provisions of the ordinance providing for the erection of the same.
[R.O. 2004 § 510.080; Ord. No. 10.50 § 7, 6-10-2008]
Upon the completion and acceptance of the work contracted to be done, and when the costs thereof shall be fully ascertained, the Board of Aldermen shall fix the amount due from each property owner chargeable with the cost of such work or any part thereof, charging each owner such a proportion of the entire cost as the frontage of the property by them owned and on which said sidewalk was erected bears to the entire length of the sidewalk so constructed and contracted, and shall issue and deliver to the City Collector tax bills for the amount that may be due from said property owners.
[R.O. 2004 § 510.090; Ord. No. 10.50 § 8, 6-10-2008]
Upon the delivery of any special tax bills to the City Clerk, he/she shall make demand for the payment thereof, and in case the person named in such tax bill as the owner of such property neglects or refuses to pay the same, or cannot be found within the said City of Mount Vernon, the said Collector shall report the tax bill back to the Board of Aldermen, who may order the City Attorney to proceed immediately to collect the same by civil action in the name of the City of Mount Vernon in any court of competent jurisdiction.
[R.O. 2004 § 510.100; Ord. No. 10.50 § 9, 6-10-2008]
All repairs of sidewalks shall be governed by the same provisions as are herein provided for the construction of sidewalks, provided, however, that no notice shall be given to the owners or occupants to repair the same, and provided further that, after the expiration of the time in which repairs are to be completed, the Board may contract for such repairs without the public letting of such work.
[R.O. 2004 § 510.110; Ord. No. 10.50 § 10, 6-10-2008]
A property owner may elect to remove said sidewalk and, with suitable grading, seed or sod the area with grass without penalty upon approval by the Public Works Director and the Board of Aldermen.
[R.O. 2004 § 510.120; Ord. No. 10.50 § 11, 6-10-2008]
Any person who shall break, injure or destroy any sidewalk or any part thereof, which has been or hereafter shall be constructed, and not exceeding the width herein provided for the same, whether the same conforms to an established grade or not, shall be deemed guilty of an ordinance violation, and, upon conviction thereof, shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), together with the costs of such prosecution.
[R.O. 2004 § 510.130; Ord. No. 10.50 § 12, 6-10-2008]
Whenever the City shall advertise for bids for the construction of sidewalks of any kind or for the construction of new sidewalks in place of sidewalks condemned and shall receive no bids therefor, the City may proceed to construct or reconstruct any such sidewalk at its own expense and shall keep an accurate record of the amount expended for labor and materials, including grading and filling, opposite each lot or piece of ground, and present the same to the Board of Aldermen for assessment, and each lot or piece of ground abutting on the sidewalks constructed or reconstructed shall be liable for the cost thereof as reported to the Board of Aldermen by the officer or committee having charge of the matter and special tax bills shall be issued for the amount thereof, and such tax bills shall be as valid in all respects whatever as the other special tax bills provided for in this Article, and shall be collected in the same way.
[R.O. 2004 § 510.140; Ord. No. 10.50 § 13, 6-10-2008]
No formality whatever shall be necessary for the repairing of sidewalks or for reconstructing same and making assessments therefor, but the proper officer or committee on improvements may, without notice, cause such work to be done, keeping an accurate account thereof and reporting the same to the Board of Aldermen for assessment, and each lot or parcel of ground abutting on such sidewalk shall be liable for its part of the cost of such work made along or in front of such lot or parcel of ground, as reported to the Board of Aldermen. All costs for the construction or repair of such sidewalks shall be paid in special tax bills against the abutting property liable therefor, and such tax bills shall constitute a lien on such property until paid, and shall bear interest at the rate of eight percent (8%) per annum from date of issue and shall be governed by the same provisions and liens as are provided in the case of new sidewalks.