The Board of Trustees at any time may construct
and repair crosswalks upon the streets within the Village. It may
also at any time construct and repair sidewalks, curbs and gutters
upon any street wholly at the expense of the Village, or of the owner
or occupants of the adjoining land, or partly at the expense of each,
and may prescribe the manner of doing such work, and the kind of materials
to be used therein. If a sidewalk, curb or gutter is so required to
be constructed or repaired wholly at the expense of the owners or
occupants of the adjoining lands, a notice specifying the place and
manner, and the time, not less than 10 days, in case of a new walk,
or not less than 24 hours in case of repairs, within which the sidewalk,
curb or gutter is required to be constructed or repaired, shall be
served upon such owners or occupants. If an owner or occupant shall
not construct or repair the sidewalk, curb or gutter as required by
the notice, the Board of Trustees may cause the same to be so constructed
or repaired and assess the expense thereof upon the adjoining land.
If a sidewalk, curb or gutter is to be constructed or repaired at
the joint expense of the Village and the owner or occupant, the Board
of Trustees may cause the same to be constructed or repaired, and
assess upon the adjoining land the proportion of the expense chargeable
against the same. All grading done on sidewalks, curbs or gutters
laid or repaired by the owners of adjoining land shall be in accordance
with the specifications and under the direction and supervision of
the Board of Trustees. Assessments shall be made and collected and
taxes levied. The Board of Trustees may issue bonds of the Village
to defray the expense of any such work or improvement.
[Amended 1-9-2023 by L.L. No. 1-2023]
Sidewalks and curbs to be kept clean and in
good repair. Every owner or occupant of any house or other building,
and every owner or person entitled to possession of any vacant lot,
and every person having charge of any public building in the Village,
shall keep the sidewalks in front of such house, building or lot,
free from obstruction by snow or ice and shall, also at all times,
keep such sidewalks and curbs in good and safe repair and clean, and
keep the same free from dirt, filth, hedges and woods or other obstruction
or encumbrance and such owner or occupant shall cause the sidewalks
in front of such house, building or lot to be cleared of snow within
24 hours after such snowfall shall have ceased, and every owner or
occupant of any house, building or lot shall be solely liable for
any claim for property damage or bodily injury on the sidewalk, including
the defense and indemnification of the Village against such claim.
In the event of the failure of any person, owner or occupant referred to in §
200-2, who shall fail to remove the snow, ice or dirt, filth, hedges or other obstructions or encumbrances in front of such house, building or lot, the Board of Trustees of the Village of Atlantic Beach or its duly authorized agents, servants or employees, may remove the same and the expenses of such removal shall be a charge against the owner, occupant or tenant of the premises and the amount of such expenses may be sued for and recovered with costs by the Village of Atlantic Beach in any jurisdiction. The expense of such removal herein above referred to may be added to the next levy of taxes by the Village of Atlantic Beach and be collected in the same manner as the Real Estate tax levy against said premises.
[Amended 9-11-2017 by L.L. No. 5-2017]
A. Curbs and sidewalks on streets or other public rights-of-way shall
be constructed of concrete.
B. The Board of Trustees may permit curbs to be constructed of materials
other than concrete if it is deemed that the proposed construction
is safe and will not provide a hazard to the public and can be kept
clean and maintained.
C. Any sidewalk, curb, apron or gutter to be replaced or repaired by
the Village or its agents shall be constructed of concrete regardless
of the material previously approved by permit. Property owners that
want in-kind material replaced shall be responsible for the cost,
except sidewalks shall remain concrete.
D. Construction requirements to install.
(1) One-course sidewalks to a minimum 4,000 psi shall be cast between
forms and constructed to a minimum thickness of four inches, except
at commercial area sidewalks, in which case the sidewalk shall be
five inches thick. Any sidewalks under traffic-bearing areas, such
as a drop curb, apron and a driveway or parking lot, shall be six
inches thick and reinforced with galvanized 6x6-W1.4 W1.4 WWM. Concrete
aprons at drop curbs shall be 4,000 psi, six inches thick, and reinforced
with galvanized 6x6-W1.4 W1.4 WWM. All sidewalks shall be a minimum
of four feet wide. All or as approved by the Building Inspector. All
handicap drop curb ramps shall be installed as per ANSI 117.1 standards.
(2) One-course curbs shall be cast between forms at 4,000 psi strength
and shall have the following dimensions: six inches across the top,
eight inches across the bottom, and not less than 18 inches in depth.
The top of the curb shall be pitched toward the street and six inches
above the gutter/street grade or waterline grade. The back of curb
shall be vertical, and the face of curb shall have a batter of two
inches in 18 inches toward the street. At driveways, the top of curb
shall be dropped to within 3/4 inch to 1 1/4 inches of the gutter/street
grade or waterline grade. New drop curbs/curb cuts shall be a minimum
of two feet away from property lines and a maximum of 20 feet wide.
Number 5 rebar continuous except through expansion joint. All or as
approved by the Building Inspector.
(3) Expansion joints. The curbs, gutters and combined curbs and gutters
shall be cut into sections not longer than 20 feet and shall be provided
with one-half-inch expansion joints every 50 feet at the ends of all
curves.
[Added 2-9-1998 by L.L.
No. 1-1998]
Any person or corporation who shall violate
any of the provisions of this article, or fail to comply therewith,
or with any of the requirements thereof, or who shall build or alter
or use any building or land in violation of any detailed statement
or plan submitted and approved hereunder, shall be guilty of a misdemeanor,
punishable by a fine not exceeding $500 or imprisonment for a period
not to exceed 15 days, or both. Each day's continued violation shall
constitute a separate additional violation. The owner or owners or
lessee of any building or premises, or part thereof, where anything
in violation of this article shall be placed, or shall exist, and
any architect, builder, contractor, agent, person or corporation employed
in connection therewith, and who have assisted in the commission of
any such violation, shall each be guilty of a separate offense and
upon conviction thereof, shall be fined as herein provided.