It is the duty and obligation of all owners, occupants, and
users of real property abutting upon streets within the city at their
own cost and expense, to keep and maintain the sidewalks (and paving
laid thereon) bordering their property level, at curb grade, and free
to depressions, excavations, elevations, inequalities, obstacles,
obstructions, or encroachments, natural or artificial, above or below
ground level, or which overlap, impinge upon, or appropriate any part
of the sidewalk area or the space up to eight feet above it; and to
allow no oils, greases, ice, snow or water to collect or remain thereon;
and, generally, in every manner, to keep such sidewalks in a safe
adequate, and in defective condition so that they are easily accessible
to and may be freely and safely used by the public for travel by foot.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.15)
Where and when, by reason of a violation of any of the foregoing
provisions, injury or damage is occasioned to or inflicted upon any
person, whether on the sidewalk or in the street, primary liability
for all such injury or damage shall rest upon the owner, occupant,
and user of the property abutting upon such defective sidewalk.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.16)
For the purpose of this article the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The property owner, occupant, or user, individual or firm
having the work done by the contractor.
The person, partnership, corporation or other entity, which
undertakes or contracts to construct sidewalks in city streets and
alleys.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.17)
It shall be unlawful for any person, partnership or corporation
to construct, reconstruct or repair any sidewalk in the city without
first obtaining a permit for such work from the city manager, applications
for which shall be made on forms furnished by the city.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.18)
No permit issued under this article or any construction to be
done thereunder, shall be assigned, transferred or sublet but the
permittee shall remain in personal charge of all work done thereafter.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.19)
(a)
The
city manager or some city street or building official or engineer
designated by the city manager shall furnish information establishing
lines and grades for the construction, reconstruction or repair of
any improvement covered by this article, after a permit has been granted
for such construction, and all such construction shall be in accordance
with such lines and grades and subject to approval of the city manager
or such official designated by him. Stakes shall be set by or at the
expense of the contractor.
(b)
All
sidewalks shall be constructed in compliance with ADA regulations.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.20; Ordinance adopting Code)
No materials shall be used in any construction mentioned in
this article until the same has been inspected and approved by the
city manager and any such material which is not approved by the city
manager shall be removed from the streets and sidewalks at the expense
of the contractor. No concrete mixture shall be poured until forms
and excavations have been inspected and approved by the city manager
or his authorized representative.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.21)
No more than one-third of the width of the street shall be occupied
by materials, equipment or tools and barricades shall be placed around
such equipment so as to leave at lease two-thirds of such street open
for traffic, which barricades and street obstructions shall be supplied
with lights at nighttime so that the same will serve as protection
to the public as a result of such obstruction in such streets.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.22)
Any contractor who violates any provision or requirement of
this article as hereinbefore or hereinafter set out, shall be guilty
of a misdemeanor and may be punished in accordance with the general
penalty provision set forth in Section 1.109 of this code. Any contractor
who shall sublet or assign his contract or permit any other to have
control of such work, shall not receive any other or further permits
to do any kind of construction work covered by this article, as the
penalties for such violation.
(1995 Code of Ordinances, Title IX, Chapter 96, Section
96.23)
