[Code 1979, § 4.61]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The portion of the street right-of-way designed for pedestrian
travel.
[Code 1979, § 4.62; amended 7-12-2004 by Ord. No. 04-02]
No person shall construct, rebuild or repair any sidewalk except
in accordance with the line, grade, slope and specifications established
by the City Council, nor without first obtaining a written permit
from the building official The written permit shall be prominently
displayed on the construction site.
[Code 1979, § 4.63; amended 7-12-2004 by Ord. No. 04-02]
The Superintendent of Public Works may furnish line and grade
stakes as deemed necessary for proper control of the sidewalk work,
but this shall not relieve the owner of responsibility for making
careful and accurate measurements in constructing the work according
to City specifications.
[Code 1979, § 4.64]
The City Council shall adopt detailed specifications for the
construction, reconstruction and repair of sidewalks. The City Clerk
shall maintain copies of such specifications in his office available
for public inspection.
[Code 1979, § 4.65; amended 7-12-2004 by Ord. No. 04-02]
The City Manager, Superintendent of Public Works or other designated
agent may revoke any permit issued under the terms of this article
for incompetency or failure to comply with the terms of this article
or the rules, regulations, plans and specifications established by
the City.
[Code 1979, § 4.66; amended 7-12-2004 by Ord. No. 04-02]
All the sidewalks hereafter constructed, repaired or reconstructed
by order of the City Council shall be constructed, repaired or reconstructed
under the direct supervision of the Superintendent of Public Works
or under the supervision of such other person as the City Council
shall by resolution designate.
(1)
The expense and cost of constructing, repairing or reconstructing
all such sidewalks in single-family residential districts and occupied
single-family residential homes in any other district shall be paid
for in the following manner: The City shall pay 1/2 of the costs of
four-foot width sidewalk in addition to any additional width costs
and the person owning the property along the margin of which the sidewalk
shall be constructed shall pay the other 1/2 of the four-foot width
cost.
(2)
The expense and cost of constructing, repairing or reconstructing
all such sidewalks in other than single-family residential districts
shall be paid for in the following manner: The person owning the property
along the margin of which the sidewalk shall be constructed shall
pay the entire cost.
(3)
The expense and cost of constructing, repairing or reconstructing
all such sidewalks in any districts across any twenty-foot alley right-of-way
shall be paid for in the following manner: The City shall pay the
entire cost.
[Code 1979, § 4.67; amended 7-12-2004 by Ord. No. 04-02]
When in the judgment of the City Council it shall be necessary
that any new sidewalk shall be constructed along any street, or that
any sidewalk located along any street needs to be repaired or reconstructed,
the Council shall first by resolution so determine. The resolution
shall state where the sidewalk is to be built, repaired or reconstructed,
the width thereof or the manner in which the sidewalk shall be repaired
or reconstructed, and the specifications and manner in which the sidewalk
should be built, repaired or constructed.
[Code 1979, § 4.68; amended 7-12-2004 by Ord. No. 04-02]
If the Council shall have passed the resolution provided for in § 70-82, a copy of such resolution shall be sent by first class mail to abutting owners of the property along which the walk is to be constructed, repaired or reconstructed, together with a notice addressed to the owners of such property with estimated property owner cost. City Council may allow an abutting property owner to construct, repair or reconstruct such sidewalk in compliance with said resolution, however, such property owner shall have only 15 days from the day of mailing such resolution to respond with his intent to construct, repair or reconstruct such sidewalk in compliance with said resolution and City specifications and sign an agreement as well as obtain any necessary permits with the City stating such. Failure of any property owner to respond within the 15 days forfeits their right to construct, repair, or reconstruct such sidewalk. Any property owner signing an agreement to construct, repair, or reconstruct their sidewalk must complete such project within 45 days after the initial fifteen-day notice. Failure to complete their sidewalk project within the 45 days terminates all property owners' rights on such project and warrants the City to complete such project and assess all costs incurred by the City in completing such project for the property owner. Any property owner who wishes to construct, repair, or reconstruct the sidewalk adjacent to his property in the City must obtain the proper permits from the building official to do so and is responsible for 100% of the cost involved in such project unless City Council agrees to a shared cost of the project upon a request from the property owner. The Council may provide for the payment of sidewalk costs in annual installments. Such annual installments shall not exceed five in number, the first installment being due 60 days from date of invoice upon completion of construction with deferred installments being due annually thereafter or, in the discretion of the Council, may be spread upon and made a part of each annual City tax roll thereafter until all are paid. Interest shall be charged on all deferred installments at a rate not to exceed 7% per annum, commencing on the due date of the first installment and payable on the due date of each subsequent installment; the full amount of all or any deferred installments, with interest accrued thereon to the date of payment, may be paid in advance of the due dates thereof.
Should any installment remain unpaid when due, the full remaining
obligation shall be considered as delinquent and a 4% penalty shall
be collected on such unpaid obligation. Deferred installments shall
be collected without penalty until 60 days after the due date, after
which time such installments shall be considered as delinquent and
the penalties on the installments shall be collected as are provided
in the Charter to be collected on delinquent general City taxes. After
the completion of construction, the City Treasurer shall notify by
mail each property owner on the roll that the roll has been filed,
stating the amount owed and the terms of payment. Failure on the part
of the City Treasurer to give the notice or of such owner to receive
the notice shall not invalidate any obligation to the City, nor excuse
the payment of interest or penalties.
[Code 1979, § 4.69; amended 7-12-2004 by Ord. No. 04-02]
The notice and resolution provided for in this article shall
be mailed by first class mail to the property owner as listed on the
latest tax roll of the City.
