Defective sidewalk.
To require replacement of a “defective sidewalk” as used in this division, the following criteria must be present:
(1) 
The sidewalk must be located within the city street right-of-way or easement; and
(2) 
Have surface spalling with a depth of 1/4 inch or greater which covers 50% or greater of the area to be replaced; or
(3) 
Have cross fall that is 1-1/2 inches or greater than the city’s sidewalk specifications found in the city’s standard construction details; or
(4) 
Have a section with missing pieces that create a safety hazard, not chips or cracks that are only cosmetic in nature; or
(5) 
Have sections longitudinal that have a dip of 2-3/4 inches or greater; or
(6) 
Have adjoining sections that have a 1/2 inch or greater difference in levelness; and
(7) 
A 36-inch minimum clearance for obstructions located in sidewalks (i.e., mailboxes, utility poles, and fire hydrants) must be provided.
Parkway.
The landscaped area in the city right-of-way between the edge of the pedestrian sidewalk and the back of the curb.
Sidewalk.
Includes pedestrian sidewalks and, where permitted or required to be constructed in connection with the sidewalk, driveways, approaches, and parking areas.
(1996 Code, sec. 3.1401)
This division is established to promote the general health, safety and welfare of the city and its citizens. The general intent of this division is to provide straight, uniform pedestrian sidewalks on the city right-of-way with the maximum amount of parkway.
(1996 Code, sec. 3.1402)
(a) 
New pedestrian sidewalks shall be placed in line with existing pedestrian sidewalks on the block or adjacent blocks. All pedestrian sidewalks shall be a minimum of four (4) feet wide. All sidewalks, curbs, combination curb and gutter, driveways, approaches and parking areas shall be constructed to the city’s standard specifications for construction.
(b) 
The public works director or his designee may vary the location of the pedestrian sidewalk if, in his opinion, construction of a pedestrian sidewalk strictly complying with the requirements of this division would permanently damage or cause the removal of a tree identified on the parks department approved list of trees, which list is incorporated herein by reference, or would cause an unsafe condition due to the pedestrian sidewalk’s proximity to a street or to an intersection.
(c) 
The decision of the public works director or his designee with regard to the placement of a pedestrian sidewalk may be appealed to the board of adjustment of the city by the property owner affected by such decision.
(1996 Code, sec. 3.1403)
No person, firm or corporation or any of their agents, servants or employees shall construct, reconstruct or repair any sidewalk, curb, gutter or driveway approach in the city without executing and delivering to the city a bond in the sum of ten thousand dollars ($10,000.00), payable to the city, without executing and delivering to the city a bond in the sum of ten thousand dollars ($10,000.00) [sic], payable to the city, with a good and sufficient corporate surety, authorized to do business in the state, which bond shall be conditioned as follows:
(1) 
Said bond shall be conditioned that all work shall be done in a good and workmanlike manner, and that such person, firm or corporation shall faithfully and strictly comply with the specifications and terms of the building code and such ordinances, resolutions or regulations that may be passed by the governing body governing and relating to the construction, reconstruction or repair of sidewalks, curbs, gutters or driveway approaches, 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 injury done to any person or property in the prosecution of said work, or that may arise out of or be occasioned by the performance of said work.
(2) 
Said bond shall be conditioned further that said person, firm, or corporation shall, without additional costs to the person for whom the work was done, maintain such construction for a period of one year from the date of such construction, reconstruction, or repair, to the satisfaction of the building inspector of the city, and shall reconstruct or repair the same to the satisfaction of the building inspector of the city at any time within one year after completion of the construction, reconstruction, or repair of such facility, and after ten days’ notice from the building inspector to reconstruct or repair the same.
(3) 
The opinion of the building inspector of the city as to the necessity of such reconstruction or repair shall be binding on all parties. The bond required by this section shall be enforced for the purposes required herein for one year after the construction, reconstruction or repair of such facility, and such bond shall be a continuing obligation against the surety thereon until the entire amount therein provided shall have been exhausted.
(4) 
In case the bond herein provided shall be decreased on account of any recovery which may be obtained, arising out of the violation of any condition of the same, the governing body shall require, upon notice to it of such fact, an additional bond to be given by any person, firm, or corporation in accordance with this section in an amount sufficient, when added to the unexhausted amount of the original bond, to be at all times equal to the sum of ten thousand dollars ($10,000.00).
(5) 
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, curb, gutter, or driveway approach, by any person, firm, or corporation, maintain suit on said 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, firm, or corporation who shall construct, reconstruct, or repair any sidewalk, curb, gutter, or driveway approach in the city to observe the conditions of said bond; provided, however, that nothing in this section shall affect the bond of any person, firm, or corporation now engaged in constructing, reconstructing, or repairing such facilities which have already been executed in accordance with the terms of the existing city ordinance, nor shall this be construed to in any manner diminish the liability of any surety or principal on said bond.
(6) 
No person, firm, or corporation other than the bona fide holder of such bond shall be permitted to construct, reconstruct, alter, repair, or replace sidewalks or driveways within the public property in the city or to take out a permit for the reconstruction, alteration or repair of such facility.
(7) 
No approval for the reconstruction, alteration, or repair of any sidewalk or driveway on any public property within the city shall be granted unless the one-year maintenance bond provided herein shall be in full force and effect at the time of request for such permit and doing of the work.
(1996 Code, sec. 3.1404)
(a) 
No person shall construct, reconstruct, alter, repair, remove or replace any sidewalk or driveway on public property without first obtaining a permit from the community development department.
(b) 
In all residential areas, persons shall meet the requirements for such construction and reconstruction or repair as required in section 3.14.033 of this division and meet other specifications as required in the zoning ordinance.
(c) 
In commercial and retail areas, in addition to adhering to the requirements of section 3.14.033 of this division and the zoning ordinance, all requests for curb break-outs shall be approved only after a complete traffic study by the department of public works of the city. Curb break-outs shall be limited in size, location, number and direction depending upon the traffic conditions of the street necessitating such curb cuts. The public works director or his designee shall determine the size, location, number and direction of such curb cuts; however, no person shall be denied the right to ingress and egress to and from his property, and the decision of the director or his designee may be appealed by the affected property owner to the board of adjustment of the city.
(1996 Code, sec. 3.1405)
Before any person shall construct any sidewalk or concrete driveway on any street in the city he shall give to the manager of the waterworks and sewer department notice in writing at least twenty-four (24) hours before such work of construction is begun, stating where such sidewalk or driveway is to be constructed, and when the work thereof will be begun, in order that the waterworks department may have ample opportunity to rearrange the water pipes and to set the meter boxes and other water service accessories where necessary.
(1996 Code, sec. 3.1406)
All persons shall construct, reconstruct, alter, repair, remove, or replace sidewalks or driveways in accordance with the specifications prescribed by the city.
(1996 Code, sec. 3.1407)
All work in the construction of sidewalks shall be done under the supervision and subject to the direction and approval of the public works director, whose decisions shall be final.
(1996 Code, sec. 3.1408)
Except as provided in this division, the only material allowed for pedestrian sidewalks on city right-of-way shall be brush-finished concrete without any coloring, paint, or similar material. Specifically excluded are exposed aggregate concrete, brick, and aggregate-filled epoxy. An expansion joint shall be provided between the public sidewalk and the private driveway. In replacement work, the existing curb return and gutter shall be saw-cut at the tangent point of the return. Specifications for construction of pedestrian sidewalks shall be approved by the city engineer; provided, however, that upon application by the Highland Park Independent School District (HPISD) or Southern Methodist University (SMU), the city council may, by appropriate resolution or license agreement, permit HPISD or SMU to pave, construct or reconstruct a pedestrian sidewalk in the city right-of-way and adjacent to HPISD or SMU facilities with brick or brick pavers. In the event such special permission is granted by the city council to the HPISD or SMU, construction plans and samples of materials shall be furnished to the city engineer for inspection and approval prior to commencement of construction. In all cases, the contractor shall furnish to the city engineer, in sufficient time prior to use, whatever samples may be required by the city engineer for making appropriate tests and/or examinations.
(1996 Code, sec. 3.1410)
Immediately upon completion of the work involved, the contractor shall remove all unused materials, dirt, and debris. He shall see that the street and sidewalk are broom clean and usable by the public.
(1996 Code, sec. 3.1411)
It shall be the duty of any property owner or person making special use of any sidewalk or curb for purposes of ingress and egress, for loading elevators, downspout drains, or any other special use of whatsoever kind or character, to keep such sidewalk, parkway, curb, or driveway abutting his property in a good and safe condition and free from any defect and hazard of whatsoever kind and character.
(1996 Code, sec. 3.1412)
(a) 
Requirements.
(1) 
New sidewalk required.
The owner of any property shall be required to construct new sidewalk, if not existent, on the front of the property and on the side of the property where it abuts the street at such time as the owner(s) constructs a new building or constructs an addition or enlargement to the building, if the total square footage of such an addition, when combined with the total square footage of all previous additions and enlargements to the building completed after April 3, 2007:
(A) 
Causes the building to exceed 4,000 square feet (371.6 m2) of total floor area; and
(B) 
Causes the total square footage of all such additions to exceed the original floor area by more than thirty percent (30%).
Exception: Detached group U occupancies that are 500 square feet or less.
(2) 
Replacement of sidewalks, curbs, gutters, and driveway approaches.
Curb openings for abandoned driveways will be closed by the abutting owner and abutting sidewalks and driveway approaches, where required, shall be replaced in accordance with standard city specifications. For purposes of this section, “repair and/or replacement” shall mean the reconstruction to original condition of any damaged or deteriorated part or component.
(3) 
Replacement of sidewalk and curb and gutter on new constructions sites.
The abutting property owner of a new building construction or addition site, as outlined in subsection (1) above, shall be responsible for replacing all existing sidewalks and curbs and gutters and driveway approaches adjacent to the property prior to final inspection or issuance of a certificate of occupancy unless the director of public works or designee determines that the existing sidewalks and curbs and gutters are not in need of repair or replacement.
(4) 
ADA ramps.
When repair of public sidewalks on corner lots is required by this section, it shall be the responsibility of the city to repair or replace existing handicap ramps or, in the absence of such a ramp, place or cause to be placed handicap ramps which comply with the requirements of the Texas Accessibility Standards (TAS) and the Americans with Disabilities Act (ADA).
(b) 
Appeals.
(1) 
In the event the applicant for a building permit desires to appeal the decision of the building official in refusing to grant a building permit without provision of the improvements required by subsection (a) above, he shall make a written request for a hearing to the city council within five (5) days after denial of such permit. Such hearing shall be set at a subsequent city council meeting, consistent with notice as required under the open meeting statutes of the state. The applicant shall be delivered a written notice of such hearing in person or by certified mail, detailing the date and hour he shall appear in person to present his case.
(2) 
The city council may uphold the denial of the permit, may order the permit to be issued by the building official, or may render any such other order which may seem proper after conducting the hearing.
(1996 Code, secs. 3.1413, 3.1414; Ordinance 22-007 adopted 4/5/22)
The abutting property owner or person enjoying the use of any property abutting on a public sidewalk that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition.
(1996 Code, sec. 3.1415)
(a) 
Any sidewalk, parkway, or driveway which has become defective, unsafe, and hazardous is hereby declared a public nuisance, and it shall be the duty of the owner or owners or persons having custody, care, control, or occupying property abutting on any street, avenue, public alley, place, square, section, or part thereof, along which said sidewalk, parkway, or driveway shall lie, to reconstruct or repair the same within ninety (90) days from the receipt of notice from the code enforcement officer; provided, however, that the community development director may, upon written application and with good cause shown by the owner, grant extensions of such time for the completion of such reconstruction or repair.
(b) 
The form of notice to be issued by the community development director shall be in a form as may be approved by him, but shall specifically describe the property to be repaired and give the owner a specified time within which to make such repairs and further notify the owner that failure to make such repairs within thirty (30) days shall constitute a violation of this division.
(1996 Code, sec. 3.1416; Ordinance adopting Code)
Whenever any curb is removed or severely damaged as a result of construction on abutting property, it shall be the duty of the property owner or owners or person having care, custody, control or occupying the abutting property to restore or construct the proper and necessary curb and gutter according to the standards, plans, and specifications of the city. Provided, however, that in the event that any driveway approach or gutter required to be replaced under this section is determined to be part of a capital improvement project (CIP) scheduled in the current following fiscal year, the owner of the property may, at his discretion, exercise one of the following options:
(1) 
Pay into an escrow account provided for by the city funds in the amount of the full and complete costs of all applicable repairs or replacement of driveway approaches and/or curb and gutter. A letter agreement between the property owner and the city shall set out the terms and conditions of funding and use of the escrow account, which shall generally be that the funds paid in shall be used in the repair or replacement of such driveway approach and/or curb and gutter and that construction shall be contracted for within the current or following fiscal year.
(2) 
Take action to repair or replace any driveway approach and/or curb and gutter as may be required by this section without regard to possible future action of the city.
(1996 Code, sec. 3.1420)
The public works director shall furnish the grades for sidewalks to all persons applying to him for such grades.
(1996 Code, sec. 3.1421)