[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.
