[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 "E" Local Business District or the "F" Commercial and 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 "E" Local Business District of the "F" Commercial and 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 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 Counselor
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.
[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/Collector.
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.
[Ord. No. 23, § 12, 12-27-1949; Code 1965, § 9.14]
The tenant or occupant of premises occupied by him 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 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 tenant,
it shall be the duty of the person occupying the tenement nearest
the street to comply with the requirements of this section.
[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.
[Ord. No. 23, § 23, 12-27-1949; Code 1965, § 9.17]
It shall be unlawful for any person to haul any materials or
to drive any vehicle across any sidewalk, parkway, curb or gutter
in the City without a permit therefor from the Director of Public
Works. No such permit shall be issued unless the applicant therefor
shall make a deposit of $50 with the Director of Public Works to insure
that no damage shall be caused to the sidewalk, curb, gutter, parkway
or to any tree, pole, sign or property thereon in connection with
such hauling or driving. The Director of Public Works shall cause
an inspection of the location where such hauling is to be done and
after the work is completed shall repair, restore and replace any
damage or loss caused thereby. The cost therefor together with an
inspection and permit fee of $5 shall be deducted from the deposit
and the balance returned to the person making the deposit. The Director
of Public Works shall at once report the deposit and deductions to
the City Clerk/Collector and pay over to the City Clerk/Collector
any deposits or moneys so received, and shall keep a permanent record
of the transactions in a book kept by him for such purpose.
[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 sidewalks, curb and gutter and driveway entrances adjacent to
his 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 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.
[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.
[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 $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 $500, to be approved by Director of Public Works, conditioned
that he 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 shall pay over all
fees collected to the City Clerk/Collector.
[Code 1965, § 9.345; Ord. No. 1281, § 1, 7-27-1971]
(a)
Whenever the Director of Public Works or his 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 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 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 30 days from
the completion of such correction.
(b)
Any owner of such a sidewalk may within 30 days after receipt of
the Director of Public Services' notice or completion of the corrected
action by the City, appeal to the Board of Public Works, the Director
of Public Services' 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 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 shall be deemed guilty of a violation of this section and shall upon conviction thereof be punished by a fine of not less than $25 nor more than $100 and each day that any violation shall continue shall constitute a separate offense.
[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 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/Collector, not less than one 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.
[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.
[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.
