The term “sidewalk,” as used in this Article, shall
apply to the repair or construction of any sidewalk other than a sidewalk
constructed as part of a new development, and shall include driveways
and head-in parking; providing, in such case, that the article shall
state the kind of sidewalk to be constructed, reconstructed, or repaired,
or may merely direct the construction, reconstruction or repair of
a sidewalk alone.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7052, sec. 30, adopted 5/7/19; Ordinance 7154, sec. 1, adopted 7/7/20)
The nature and extent of sidewalk improvements and the kind
of material and construction in such improvements shall conform to
the City of Garland Technical Standards Manual. Any such improvement
shall conform to the appropriate provisions in the City’s Technical
Standards Manual and Standard Construction Details. All sidewalks
in new developments shall be governed by the Garland Development Code,
the City’s Technical Standards Manual, and the City’s
Standard Construction Details.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7052, sec. 31, adopted 5/7/19)
Editor’s note–Former section 31.122
pertaining to construction required in new developement and deriving
from Ordinance 4444, sec. 1, adopted 9/4/90, was repealed and deleted
in its entirety by Ordinance 7052, sec. 29(a), adopted 5/7/19.
(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.
(Ordinance 4444, sec. 1, adopted 9/4/90)
The fee for a sidewalk permit under this article shall be as set forth in section 30.301, chapter 30, “Building Inspection,” of this Code.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 6260, sec. 14, adopted 9/2/08)
(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 whom shall
be an approved surety company.
(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
such ordinances, resolutions or 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 Streets Department
of the City, and shall reconstruct or repair such sidewalk to the
satisfaction of the Streets Department of the City at any time within
two (2) years after the construction, reconstruction or repair of
such sidewalk and after ten (10) days notice from the Streets Department
to construct or repair the same, and that the opinion of the Streets
Department 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 Director
of Streets 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 nonexhausted 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 any 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 4444, sec. 1, adopted 9/4/90; Ordinance 7154, sec. 2, adopted 7/7/20)
Sidewalks shall be constructed, reconstructed or repaired in
accordance with the City of Garland Technical Standards Manual and
City of Garland Standard Construction Details.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7052, sec. 32, adopted 5/7/19; Ordinance 7154, sec. 3, adopted 7/7/20)
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 Streets
Department, whose decision shall be final.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7154, sec. 4, adopted 7/7/20)
Upon request of the Streets Department, 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 found to
be compliant with the Garland Development Code, the City’s Technical
Standards Manual and the City’s Standard Construction Details,
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 4444, sec. 1, adopted 9/4/90; Ordinance 7052, sec. 33, adopted 5/7/19; Ordinance 7154, sec. 5, adopted 7/7/20)
Contractors performing work authorized by a permit under this
article shall supply themselves with the necessary labor, tools and
equipment to diligently perform all work in a good and workmanlike
manner.
(Ordinance 4444, sec. 1, adopted 9/4/90)
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 provisions of the Manual on Uniform Traffic-Control
Devices.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7052, sec. 34, adopted 5/7/19)
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 4444, sec. 1, adopted 9/4/90)
Editor’s note–Former section 31.132
pertaining to duty to construct curb when driveway abandoned and deriving
from Ordinance 4444, sec. 1, adopted 9/4/90, was repealed and deleted
in its entirety by Ordinance 7052, sec. 29(b), adopted 5/7/19.
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 4444, sec. 1, adopted 9/4/90)
It shall be the duty of any abutting property owner to keep
the sidewalk, parkway, 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
is hazardous under any of the following conditions:
(1)
There
is a difference in elevation between adjoining sections of sidewalk
or opposing edges of any fissures (cracks) on the sidewalk surface
of two (2) inches or more;
(2)
An
unstable walking surface exists due to defects on the surface such
as fissures that have created a gap of one and one half (1-1/2) inches
or more;
(3)
A spalled
finish condition creates an unstable walking surface;
(4)
Some
sections of the sidewalk are incomplete due to missing corners or
pieces of the sidewalk section;
(5)
The
sidewalk has an excessive cross-slope greater than 5 percent;
(6)
Portions
of the sidewalk are sunken or slanted, creating excessive ponding
of water; or
(7)
An
uplifted or sunken sidewalk causing longitudinal grades in excess
of 5 percent or exceeding the adjacent street top of curb slope, whichever
is greater.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7052, sec. 35, adopted 5/7/19; Ordinance 7154, sec. 6, adopted 7/7/20)
The abutting property owner or person making a special use of
a sidewalk or enjoying the use of any property abutting on a sidewalk
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 4444, sec. 1, adopted 9/4/90; Ordinance 7154, sec. 7, adopted 7/7/20)
Any sidewalk, parkway or driveway that 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, or driveway
in accordance with the standard specifications of the City and such
expense shall be borne by the abutting property owner, with the exception
being that portion of a residential property located along a street
designated on the City Thoroughfare Plan as Type A, B, C, D or E.
In extenuating circumstances, the City Street Department may waive
the adjacent property owner’s responsibility for maintenance
of the sidewalk. The failure of any owner or the agent of any owner
to reconstruct or repair any such sidewalk, parkway, or driveway within
thirty (30) days from receipt of a notice to repair from the Streets
Department shall constitute an offense.
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 7154, sec. 8, adopted 7/7/20)
(A)
If any person fails or refuses to comply with the provisions of section 31.136 within the time limits specified therein, the City may in its discretion, but assumes no duty to, go 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 recovery 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 Director of Streets
shall send an invoice for expenses incurred in the repair of such
condition to the owner of the abutting property, and within ten (10)
days the owner shall have the right to a hearing on the matter of
the reasonableness of the action and cost of repair. The owner shall
pay the reasonable expenses as determined by the director.
(C)
In
the event the owner fails or refuses to pay such expense within thirty
(30) days after notice of the reasonable charge by the Director of
Streets, 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 4444, sec. 1, adopted 9/4/90; Ordinance 7154, sec. 9, adopted 7/7/20)
(A)
Residential
properties.
The City may participate in the reconstruction
provided monies are available for this program from bond funds. If
monies are available, City participation in the cost of improvements
shall be shared with the abutting residential property owner on a
50/50 basis-shared with the abutting property owner as follows:
(1)
Sidewalk improvements (when those costs are not included in a street
improvement project): 50% share;
(2)
The property owner of a qualifying project may receive additional
reductions to his/her participation amount based on the following
criteria:
(a)
Property owner’s share may receive an additional reduction
of fifteen percent (15%) if property has a homestead exemption as
recorded in the Dallas Central Appraisal District (DCAD) database.
(b)
Property owner’s share may receive an additional reduction
of fifteen percent (15%) if property is located within a Community
Development Block Grant (CDBG) geographical area as determined by
the United States Department of Housing and Urban Development Community
Development and current Census Data.
(c)
Property owner’s share may receive an additional reduction
of ten percent (10%) if property owner is disabled or a person 65
years of age or older. Property owners claiming disability must provide
a Social Security Administration Award letter to receive the ten (10%)
reduction benefit.
(d)
Property owner’s share may receive a maximum benefit of a ninety
percent (90%) City and ten percent (10%) Property Owner participation
based on the total cost of the sidewalk repair/replacement costs should
the property owner qualify for all three (3) reductions contained
in subsection (A)(2)(a), (b), and (c).
(B)
Nonresidential
properties (excluding independent school districts).
The City may participate in the reconstruction provided monies are
available for this program from bond funds. If monies are available,
City participation in the cost of improvements shall be shared with
the abutting property owner on a 90/10 basis-shared with the abutting
property owner with the City’s cost being 10% and the total
aggregate cost of the City’s share for all repairs/replacements
not exceeding $25,000.00 per property.
(C)
Independent
school district.
The City shall not participate in the
reconstruction of sidewalks located on Independent School District
properties.
(D)
If
the property owner’s share of the cost of improvements is equal
to or greater than the amounts shown below, payment may be made in
not more than the corresponding number of equal monthly payments for
that amount as shown below at an interest rate not to exceed the maximum
interest rate allowed by law.
|
Property Owner’s Share
|
Monthly Payment
|
|---|---|
|
$250.00–$499.00
|
36 equal monthly payments
|
|
$500.00–$999.00
|
48 equal monthly payments
|
|
$1,000.00 and more
|
60 equal monthly payments
|
(Ordinance 4444, sec. 1, adopted 9/4/90; Ordinance 6678, sec. 1, adopted 3/4/14; Ordinance 7052, sec. 36, adopted 5/7/19; Ordinance 7154, sec. 10, adopted 7/7/20; Ordinance 7230 adopted 6/22/21)
