[R.O. 1985 § 24-51; Ord. No. 832, §§ 3, 4, 7-20-1964; Ord. No. 835, §§ 3, 4, 8-25-1964; Ord. No. 863, §§ 1 – 3, 1-26-1965; Code 1965, § 9.25]
(a) 
Commercial And Industrial Districts. No building permit for construction in the C-1 Local Business or the M-1 Light Industrial District shall be issued, nor shall any special permit for any use in either of said districts be granted nor any change of use be approved nor any change of zoning from another district to the C-1 Local Business or the M-1 Light Industrial District be approved unless the owner or occupant shall construct sidewalks and improve parkways between the curb and property lines in conformity with the regulations, plans and specifications of the Director of Public Works as approved by the Board of Aldermen, except as provided in this Section.
(b) 
Residential Districts. No building permit for construction in the residential districts of the City shall be issued, nor shall any special permit for any use in said district be granted nor any change of use be approved nor any change of zoning from another district to the residential district be approved, unless the owner or occupant shall construct sidewalks and improve parkways between the curb and property lines in conformity with the regulations, plans and specifications of the Director of Public Works as approved by the Board of Aldermen, except as herein provided in Subsection (c).
(c) 
Deposit. In lieu of actual construction and improvements the owner or occupant of the property may furnish bond or deposit funds in escrow guaranteeing completion of the construction of the improvements within such time, not to exceed one (1) year, as may be approved by the Director of Public Works or the Planning and Zoning Commission, if it has jurisdiction. The bond or escrow agreement shall be approved by the City Attorney as to form.
(d) 
Condition For New Construction. This Section shall be construed to require sidewalks to be installed before any building permit shall be issued to authorize new construction on unimproved land. Sidewalks shall not be required as a condition precedent to the issuance of a building permit for the repair, remodeling, renovation, alteration of or construction of attached additions to existing improvement; but nothing herein shall be construed to limit the right of the City to require the construction of sidewalks at any time under the provisions of the statutes applicable to fourth class cities. All sidewalks required under this Section shall be constructed on the right-of-way of adjacent public streets under the direction and inspection of the Director of Public Works.
[R.O. 1985 § 24-52; Ord. No. 832, §§ 1, 2, 7-20-1964; Code 1965, § 9.24]
(a) 
The Director of Public Works is hereby authorized and directed to prepare general regulations governing the building, construction, reconstruction or repairing of sidewalks and shall prepare plans and specifications for sidewalks and parkways, which parkways shall include all the space between the curb and the building or property line, or any space in the center of a street which may be set aside as a parkway, and prescribing and requiring certain materials to be used and the manner and form of doing said work, including the kind of shade trees and shrubbery to be planted and the manner of their care and preservation. Upon completion thereof, the Director of Public Works shall file a copy with the Board of Aldermen for its approval, modification or amendment by order or resolution. Upon final approval by the Board of Aldermen copies shall be filed with the Public Works Department, the Planning and Zoning Commission and the City Clerk. The Director of Public Works may recommend changes, amendments or alterations from time to time which shall be effected by order or resolution of the Board of Aldermen. Copies of same shall be filed as hereinabove provided.
(b) 
This Section and Section 24-51 do not limit or abridge the power or authority of the City to provide for the building and repairing and condemnation of sidewalks and the levying of special assessments therefor as authorized under the provisions of the laws of the State.
[R.O. 1985 § 24-53; Ord. No. 23, § 12, 12-27-1949; Code 1965, § 9.14]
The tenant or occupant of premises occupied by him/her and the owner or agent of vacant lots or the person in their control shall keep the sidewalks in front of and adjoining the property owned, controlled or occupied by him/her swept and clear of paper, dirt, mud, filth and animal or vegetable matter or any substance or article. After any fall of snow or sleet or the formation or ice thereon, the owner, agent, occupant or tenant shall cause the same to be immediately removed from the sidewalk. Where a building is occupied by more than one (1) tenant, it shall be the duty of the person occupying the tenement nearest the street to comply with the requirements of this Section.
[R.O. 1985 § 24-54; Ord. No. 23, § 14, 12-27-1949; Code 1965, § 9.16]
It shall be unlawful for any person to place and display for sale upon any sidewalk any groceries, provisions, commodities, vegetables, fruit, produce, goods, wares or merchandise.
[1]
Editor's Note: R.O. 1985 § 24.55, Driving across sidewalk or curb, was repealed by the City during the 2024 recodification project.
[R.O. 1985 § 24-56; Ord. No. 23, §§ 34 – 36, 12-27-1949; Code 1965, § 9.32]
(a) 
Repair. It shall be the duty of every owner of real estate to keep his/her sidewalks, curb and gutter and driveway entrances adjacent to his/her property in good repair at all times and free from irregularities and offsets in the surface thereof which may render the same unsafe for use.
(b) 
Construction; Grade; Width. All sidewalks, curb and gutter and driveway entrances constructed, reconstructed or repaired in the City shall be of concrete and shall conform to the established grade of the street. All sidewalks shall be not less than four (4) feet in width.
(c) 
Supervision Of Work. All work of constructing, reconstructing or repair of sidewalks, curb and gutter, and driveway entrances shall be done under the supervision of the Director of Public Works.
[R.O. 1985 § 24-57; Ord. No. 23, §§ 38, 39, 12-27-1949; Code 1965, § 9.34]
The Board of Aldermen may, by ordinance or resolution, condemn defective sidewalks and make assessments therefor, but the Board of Aldermen, without notice to the property owner, may order the Director of Public Works to cause such work to be done, and the Director of Public Works shall keep an account of the cost thereof and report the same to the Board of Aldermen for assessment.
[R.O. 1985 § 24-58; Ord. No. 23, § 37, 12-27-1949; Code 1965, § 9.33]
No person shall do the work of constructing, reconstructing or repairing of any sidewalk, curb and gutter or driveway entrances in the City without a license so to do. Such license shall be issued by the Director of Public Works on payment of a fee of five dollars ($5) for the calendar year for which issued. The license is subject to revocation by the Board of Aldermen for failure to observe any of the provisions of this Chapter relating to the construction, reconstruction or repairs of sidewalks, curb and gutter and driveway entrances. At the time of obtaining such license, the contractor shall give bond to the City in the sum of five hundred dollars ($500), to be approved by Director of Public Works, conditioned that he or she will comply with all laws and ordinances of the City relating to sidewalks, maintain warning signs and protection while the work is in progress, hold the City and property owner harmless from all claims, demands and actions against it or them arising out of said work and replace any faulty work, remove all debris and clean up after work is completed. The Director of Public Works shall keep a record of licenses issued in a permanent book, and he or she shall pay over all fees collected to the City Clerk.
[R.O. 1985 § 24-59; Code 1965, § 9.345; Ord. No. 1281, § 1, 7-27-1971]
(a) 
Whenever the Director of Public Works or his/her authorized representatives shall be informed that any sidewalk lawfully used by the public in the City is in a hazardous condition likely to cause bodily injury to persons using the same, he or she may cause reasonable protective measures to be taken to guard the public and shall notify the owner, through reasonable means, of such situation and at such time command the owner to repair or replace such sidewalk within thirty (30) days from the receipt of such notification or, if the City has a responsibility of correcting any condition contributing to the hazard, then within thirty (30) days from the completion of such correction.
(b) 
Any owner of such a sidewalk may within thirty (30) days after receipt of the Director of Public Works' notice or completion of the corrected action by the City, appeal to the Board of Public Works, the Director of Public Works' determination of the hazardous condition of the sidewalk, or seek an extension of time for accomplishing the repairs of said sidewalk, which may be granted by said Board if the sidewalk can be immediately and temporarily rendered safe for the public and the owner so alleviates the condition; provided, however, while an appeal remains undetermined, the owner shall not be prosecuted. When the sidewalk condition is alleviated to the satisfaction of the Board of Public Works and within the time granted by said Board, the owner shall not be prosecuted. The decision of the Public Works Board shall be final and no other appeals shall be considered by the City.
[Amended 8-23-2022 by Ord. No. 5294]
(c) 
If the owner shall fail to repair or replace a hazardous sidewalk or portion thereof within thirty (30) days after notification by the Director of Public Works unless such time is extended as provided in Subsection (b) herein, or shall fail to appeal as herein provided, or shall fail to repair or replace said sidewalk or portion thereof as may be ordered by the Board of Aldermen providing that in the case of raised sidewalk blocks caused by tree roots raising said sidewalk blocks, the City must first have taken all steps required by this Code for the correction thereof, he or she or she shall be deemed guilty of a violation of this Section and shall upon conviction thereof be punished by a fine as set forth in Section 1-6 of this Code and each day that any violation shall continue shall constitute a separate offense.
[R.O. 1985 § 24-60; Ord. No. 23, §§ 41, 42, 12-27-1949; Code 1965, § 9.36]
(a) 
Contract. Where a sidewalk has been condemned and is to be replaced by a new walk, or where a petition of any ten (10) or more residents of the City is received for the construction of a new sidewalk where no sidewalk had previously existed, the Board of Aldermen in its discretion shall contract for the construction of such sidewalk, including grading therefor, with or without curbing, along the street involved. Such contract shall be let to the lowest and best bidder, upon plans and specifications filed therefor by the Director of Public Works with the City Clerk, not less than one (1) week's advertisement for bids thereon being made in some newspaper published in the county. Before advertising for bids, an estimate on the cost of the work shall be made by the Director of Public Works and submitted to the Board of Aldermen, and no contract shall be made for the work at a price exceeding such estimate.
(b) 
Work By City. When after advertisement no bid is received for the construction of sidewalks, the Board of Aldermen may order the Director of Public Works to cause the work to be done. In such case, the Director of Public Works shall keep an accurate account of the amount expended for labor and materials, including grading and filling, opposite each lot and present such account to the Board of Aldermen for assessment as provided in this Section.
[R.O. 1985 § 24-61; Ord. No. 23, § 40, 12-27-1949; Code 1965, § 9.35]
When the Director of Public Works or other proper officer has reported to the Board of Aldermen the cost of construction, reconstruction or repair of any sidewalk, the Board of Aldermen in its discretion may levy the cost as a special assessment against each lot abutting the sidewalk, and each such lot shall be liable for its part of the cost of the work done or made along or in front of such lot. The City Clerk/Collector shall issue separate tax bills therefor against each such lot.
[R.O. 1985 § 24-62; Ord. No. 3164, § 1, 7-24-1990]
(a) 
No water or effluent of any kind draining from any building or premises shall be permitted to drain or run onto the surface of any sidewalk or cross the same except pursuant to plans approved by the Department of Public Works upon determination by such Department that no unsafe condition will result.
(b) 
The owner and occupant of a building or premises shall be responsible for compliance with this provision.