[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 No. 10.38, were repealed 6-10-2008 by Ord.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.
