[Code 1961, § 19.11.01; Ord. No.
68-3, 9-23-1968; Ord. No. 91-2, 9-23-1991]
The Town Manager or the Town Manager's designee shall cause
to be promulgated specifications and engineering standards for the
construction of highways, sidewalks, drains and all other such public
improvements within the limits of the Town. These regulations will
include a provision for the storage of materials, cleanup, and removal
of temporary pavement and utility markings within the Town right-of-way.
[Code 1961, § 19.11.02; Ord. No.
68-3, 9-23-1968; Ord. No. 91-2, 9-23-1991]
All construction of highways, sidewalks, drains and all other
such improvements shall conform to these engineering standards and
specifications.
[Code 1961, § 19.11.03; Ord. No.
68-3, 9-23-1968; Ord. No. 91-2, 9-23-1991]
These engineering standards and specifications may from time
to time be amended as deemed necessary by the Town Manager or the
Town Manager's designee.
[Code 1961, § 19.11.04; Ord. No.
68-3, 9-23-1968; Ord. No. 91-2, 9-23-1991]
A copy of the engineering standards and specifications shall
be made available to the public by the department of public works.
[Code 1961, § 19.07.01; Ord. No.
91-2, 9-23-1991]
The Town Council may cause to be constructed with materials
as specified by the Town Manager or the Town Manager's designee
roads which shall be accepted as public highways at a regular meeting,
and shall have the power to assess the cost of such construction including
that portion contiguous to lateral and intersecting streets, one-half
upon the property abutting on each side of the street line of such
paving.
[Code 1961, § 19.07.02; Ord. No.
91-2, 9-23-1991]
Before causing such construction to be made, the Town Council
shall hold a public hearing thereon, after notice to property owners
interested, by publication at least once in two issues of a newspaper
having a circulation in the Town, and, so far as practicable, by a
written or printed notice addressed to the property owners interested,
at their last known places of abode, and deposited in the post office,
postage prepaid, at least 10 days before the date set for such hearing.
The estimated cost of such paving shall be presented to, and be available
for use at, the public hearing.
[Code 1961, § 19.07.03; Ord. No.
91-2, 9-23-1991]
Upon approval of the proposed assessment by the Town Council,
a caveat listing the property owners and the amount of the assessment
applicable to each person's property shall be recorded in the
Town Clerk's office. This shall be done within five days after
approval by the Council and prior to the commencement of any work.
[Code 1961, § 19.07.04; Ord. No.
91-2, 9-23-1991]
On the completion of the work as determined by the Town Manager
or the Town Manager's designee, the Council shall give notice
of such assessment to each owner as soon as the same shall have been
determined and the same shall be a lien upon the premises of such
owner; provided, the Town Manager shall cause a certificate of lien
to be recorded in the Town Clerk's office within 60 days from
the date of such notice, and such lien shall thereafter continue to
be a lien upon such premises until the assessment, together with fees
and charges, is fully paid, and may be foreclosed in the same manner
as tax liens; and the Town shall not be required to file for record
any further certificate of such lien.
[Code 1961, § 19.03.02; Ord. No.
74-7, 12-16-1974; Ord. No. 91-2, 9-23-1991]
As used in this division, the following terms shall have the
respective meanings ascribed to them:
Any property owner whose boundary line comes within 15 feet
of a proposed sidewalk.
The physical movement, digging or covering of the earth by
persons and/or equipment. The term "construction" shall not include
on-site surveying, staking, planning and drawing.
[Code 1961, 19.03.03; Ord. No. 74-7, 12-16-1974; Ord. No.
91-2, 9-23-1991]
The construction, repair and maintenance of all sidewalks situated
within the Town, except such sidewalks as may be under the jurisdiction
of the state or some other governmental agency, shall be under the
direction of the Town Manager or the Town Manager's designee,
who is hereby authorized to make such rules and regulations and to
perform such duties as are necessary to carry out the provisions of
this division. The Town Manager or the Town Manager's designee
may cause to be paved and may cause to be repaired and brought to
safe condition such sidewalks as the Town Manager or the Town Manager's
designee deems necessary, subject to the provisions of this division.
[Code 1961, § 19.03.04; Ord. No.
74-7, 12-6-1974; Ord. No. 91-2, 9-23-1991]
The Town Manager or the Town Manager's designee shall notify
the Town Planner of the Town Manager or the Town Manager's designee's
intention to construct any sidewalk. If the sidewalk under consideration
has been approved by the Town Planning and Zoning Commission as part
of the general plan or in any special study or action, the Town Manager
or the Town Manager's designee will be so notified. If the sidewalk
has not been considered by the Planning and Zoning Commission, said
Commission will undertake a study as to whether the public convenience
or necessity will be served by said construction and will report its
findings to the Town Manager or the Town Manager's designee and
the Town Council within 35 days after the date of official submission
to it. The failure of the Commission to report within 35 days after
the date of official submission to it shall be taken as approval of
the proposal. In the case of the disapproval of the proposal by the
Commission the reasons therefor shall be recorded and transmitted
to the Town Manager or the Town Manager's designee and the Town
Council. A proposal disapproved by the Commission shall be adopted
by the Town only after a 2/3 vote of the Town Council.
[Code 1961, § 19.03.05; Ord. No.
74-7, 12-16-1974; Ord. No. 91-2, 9-23-1991]
The Town Manager or the Town Manager's designee shall notify
the Town Council of the approval of the Planning and Zoning Commission,
designating the location, extent and estimated cost of said sidewalks.
The Council shall cause to be issued a call for a public hearing upon
such proposed new construction, and shall give notice thereof by publication
in a newspaper having a circulation in the Town, not less than five
and not more than 30 days before the date set for said hearing and
by mailing a notice of such hearing to the last known address of each
abutting property owner as shown on the records of the Town Assessor.
The Town Manager or the Town Manager's designee shall not proceed
with the construction of such sidewalks until the Town Manager or
the Town Manager's designee has received notification of approval
by the Town Council.
[Code 1961, § 19.03.06; Ord. No.
74-7, 12-16-1974; Ord. No. 91-2, 9-23-1991]
The abutting property owner shall have 15 days from the date
of Council approval to remove any bush, tree, or other item which
said property owner has planted or placed within the Town right-of-way
or on Town property and which may be endangered by said construction.
[Code 1961, § 19.03.07; Ord. No.
74-7, 12-16-1974; Ord. No. 91-2, 9-23-1991]
Before proceeding with any reconstruction of any section of
sidewalk which will require extensive change in grade or alignment
and the coordinated use of heavy equipment, the Town Manager or the
Town Manager's designee shall give not less than five days'
notice to the abutting property owners. Notice shall be sufficient
if mailed to the last known address of the abutting property owners
as shown on the records of the Town Manager.
[Code 1961, § 13.03.08; Ord. No.
74-7, 12-16-1974; Ord. No. 91-2, 9-23-1991]
Whenever in the opinion of the Town Manager or the Town Manager's
designee any sidewalk subject to the provisions of this division shall
be in need of repair, the Town Manager or the Town Manager's
designee may proceed without notice to make such repairs.
[Code 1961, § 19.03.09; Ord. No.
74-7, 12-16-1974; Ord. No. 91-2, 9-23-1991]
The Town shall bear the full cost of construction and repair
of all sidewalks on all accepted streets and roads in the Town.
[1]
Editor's Note: Former Division 3, which contained provisions
on work performed within the Town's right-of-way, comprising
Sections 15-40 through 15-49, adopted as §§ 19.09.01
through 19.09.09 of the 1961 Code, was repealed 1-22-2013 by Ord.
No. 13.01.
