The term “sidewalk,” as used in this article, shall include curbs, combination curb and gutter, driveway approaches and head-in parking; providing, in such case, that the article shall state the kind of curb, or curb and gutter, and sidewalk to be constructed, reconstructed, or repaired, or may merely direct the construction, reconstruction or repair of a curb or curb and gutter or sidewalk alone.
(Ordinance 07-09 adopted 5/21/09)
Sidewalks shall be constructed in conjunction with all new streets and in conjunction with all development that abuts an existing street or portion thereof that does not have an existing sidewalk abutting the development.
(Ordinance 07-09 adopted 5/21/09)
(a) 
No person shall construct, reconstruct, alter, repair, remove or replace any sidewalk on any public property within the city limits, without first obtaining a permit to do so.
(b) 
No such permit shall be granted unless all requirements contained in this article are met and in full effect at the time of request for such permit and the doing of the work. No person other than the holder of the permit shall perform the work authorized under the permit.
(Ordinance 07-09 adopted 5/21/09)
The fee for a sidewalk permit under this article shall be established by resolution of the city council.
(Ordinance 07-09 adopted 5/21/09)
(a) 
No person shall construct, reconstruct or repair any sidewalk in the city without executing and delivering to the city a bond in the sum of two thousand dollars ($2,000.00) payable to the city with two (2) or more good and sufficient sureties thereon, one of who shall be an approved surety company, unless the cost of the construction is one thousand dollars ($1,000.00) or less, in which no bond will be required.
(b) 
Such bond shall be conditioned that all work done in the construction, reconstruction or repair of any sidewalk shall be done in a good and workmanlike manner, and that such person shall faithfully and strictly comply with the specifications and with the terms of this code and all other applicable ordinances, resolution and regulations that may be passed by the city council governing and relating to the construction, reconstruction or repair of sidewalks, and that the city shall be fully indemnified and be held whole and harmless from any and all costs, expenses or damages, whether real or asserted, on account of any injury done to any person or property in the prosecution of such work, or that may arise out of or be occasioned by the performance of such work. Such bond shall be conditioned further that the principal shall, without additional cost to the person for whom the work was done, maintain all sidewalks so constructed, reconstructed or repaired by the principal for a period of two (2) years from the date of such construction, reconstruction or repair to the satisfaction of the city, and shall reconstruct or repair such sidewalk to the satisfaction of the city at any time two (2) years after the construction, reconstruction or repair of such sidewalk and after ten (10) days notice from the city to construct or repair the same, and that the opinion of the city as to the necessity of such reconstruction or repair shall be binding on the parties thereto.
(c) 
Such bond shall, for the purposes mentioned above, be in force for two (2) years after any sidewalk is constructed, reconstructed or repaired and one recovery shall not exhaust the bond, but such bond shall be a continuing obligation against the sureties thereon until the entire amount therein provided for shall have been exhausted. In case the bond shall be decreased on account of any recovery which may be obtained, arising out of the violation of any condition of the same, the city may require, upon notice of such fact, an additional bond to be given in accordance with this section in an amount sufficient, when added to the non-exhausted amount of the original bond, to be at all times equal to the sum of two thousand dollars ($2,000.00).
(d) 
The city may, for itself or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction or repair of any sidewalk by an person, maintain suit on such bond in any court having jurisdiction thereof, or suit may be maintained thereon by any person injured or damaged by reason of the failure of any person who shall construct, reconstruct or repair any sidewalk in the city to observe the conditions of such bond.
(Ordinance 07-09 adopted 5/21/09)
Sidewalks shall be constructed, reconstructed or repaired in accordance with the city’s subdivision ordinance and technical construction standards and specifications (TCSS).
(Ordinance 07-09 adopted 5/21/09)
All work done in the construction, reconstruction, alteration, repair, removal or replacement of sidewalks shall be done under the supervision and subject to the direction and approval of the city, whose decision shall be final.
(Ordinance 07-09 adopted 5/21/09)
Upon request of the city, no materials of any kind shall be used in the construction, alteration or repair of any sidewalks until they have been examined and approved, and the person performing such work shall furnish such samples as may be required for making tests and examinations in sufficient time prior to the use of same.
(Ordinance 07-09 adopted 5/21/09)
During construction for which a permit is required by this article, the holder of the permit shall see that the necessary traffic-control and warning devices are placed so that pedestrian or vehicle traffic shall not be endangered. All traffic-control and warning devices shall conform to the provision of the Manual on Uniform Traffic-Control Devices.
(Ordinance 07-09 adopted 5/21/09)
Adjacent property corners shall be identified and marked prior to the commencement of work. Any property corners disturbed by construction shall be reset by a registered professional land surveyor licensed in the state.
(Ordinance 07-09 adopted 5/21/09)
Whenever any curb is removed or when no curb has been constructed, in order to provide a driveway and the use of such driveway is at any time abandoned and not used for ingress and egress to the abutting property, it shall be the duty of the property owner of such abutting property to restore or construct the proper and necessary curb according to the standard plans and specifications of the city.
(Ordinance 07-09 adopted 5/21/09)
Immediately upon completion of work authorized by a permit under this article, the permit holder shall remove all unused materials, dirt and debris, and shall see that the street and sidewalk are clean and usable by the public.
(Ordinance 07-09 adopted 5/21/09)
It shall be the duty of any abutting property owner to keep the sidewalk, parkway, curb and driveway abutting such property in a good and safe condition, free from any defects and hazards of whatsoever kind and character. By way of example and not of limitation, a sidewalk has the potential to be hazardous if it contains a separation of line in excess of two (2) inches and grade difference in excess of two (2) inches between adjacent sections of sidewalk or if it contains surface deterioration to such an extent that it may not be safely negotiated.
(Ordinance 07-09 adopted 5/21/09)
The abutting property owner or person making a special use of a sidewalk or enjoying the use of any property abutting on a sidewalk or curb that has become defective or hazardous and has resulted in causing damage or injury as a result of such defective or hazardous condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective or hazardous condition. The city shall not be held as assuming any such liability by reason of inspection of any sidewalk or providing notice as authorized in this article.
(Ordinance 07-09 adopted 5/21/09)
Any sidewalk, parkway, driveway approach or curb which has become defective or hazardous is hereby declared a nuisance and it shall be the duty of the owner of property abutting such sidewalk, parkway, curb or driveway to reconstruct or repair such sidewalk, parkway, curb or driveway in accordance with the standard specifications of the city and such expense shall be borne by the abutting property owner. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, parkway, curb or driveway within thirty (30) days from receipt of a notice to repair from the city shall constitute an offense.
(Ordinance 07-09 adopted 5/21/09)
(a) 
If any person fails or refuses to comply with the provisions of section 21.11.117 within the time limits specified therein, the city may in its discretion, but assumes no duty to, enter upon such property and do or cause to be done the work necessary to obtain compliance with this article. The expense so incurred by city in correcting the condition shall be a personal obligation of the owner of the abutting property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the work was done, the city shall file with the clerk of the county where the property is located a statement of the expense incurred in correcting the condition of the property. When such statement is filed, the city shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of 10% per annum from the date the city incurs the expense. For any such expenditure and interest and reasonable attorneys fees, suit may be instituted and recover and foreclosure had by the city.
(b) 
Nothing herein shall inhibit the right of the city to make immediate repair of any condition considered to be of unusual and immediate danger to persons or property. In such instance, the city shall send an invoice for expenses incurred in the repair of such condition to the owner of the abutting property. The owner shall pay the reasonable expenses as determined by the city.
(c) 
In the event the owner fails or refuses to pay such expenses within thirty (30) days after notice of the reasonable charge by the city, the city shall follow the procedure written above to perfect a lien on such property, which lien shall have the same character as written above.
(Ordinance 07-09 adopted 5/21/09)
The city may participate in the reconstruction provided monies are available for this program. If monies are available, city participation in the cost of improvements will be on a 50/50 basis with the abutting property owner. If the property owner’s share of the cost of improvements is equal to or less than one thousand dollars ($1,000.00), payment may be made in not more than twelve (12) equal monthly payments at an interest rate not to exceed the maximum interest rate allowed by state law and each equal monthly payment will be installed on the customer’s monthly water bill or if the property owner’s share of cost is greater than one thousand dollars ($1,000.00), payment may be made in not more than thirty-six (36) equal monthly payments at an interest rate not to exceed the maximum interest rate allowed by state law and each equal monthly payment will be installed on the customer’s monthly water bill.
(Ordinance 07-09 adopted 5/21/09)