[Adopted as Ch. 141 of the 2000 Code]
[Amended 3-23-2023 by Ord. No. 23-02]
The purpose of this article is to enhance safe passage by residents
on sidewalks, to place the responsibility for the maintenance, repair,
replacement or reconstruction of sidewalks upon the abutting property
owner and to minimize the liability of the City.
For use in this article the following terms are defined:
That grade established by the City for the particular area
in which a sidewalk is to be constructed.
That the full thickness of the concrete is placed at one
time, using the same mixture throughout.
The person owning the fee title to property abutting any
sidewalk and includes any contract purchaser for purposes of notification
required herein. For all other purposes, "owner" includes the lessee,
if any.
Any type of cement except bituminous cement.
All permanent public walks designed for pedestrian, wheelchair
and mobility scooter use in business, residential or suburban areas.
[Amended 3-23-2023 by Ord. No. 23-02]
The construction, reconstruction, repair, replacement or
removal of a public sidewalk and/or the excavating, filling or depositing
of material in the public right-of-way in connection therewith.
[Ord. No. 21-08; amended 3-23-2023 by Ord. No. 23-02; 6-8-2023 by Ord. No. 23-11]
A.
It is the responsibility of the abutting property owners to remove snow, ice, and accumulations promptly from sidewalks. If a property owner does not remove snow, ice, or accumulations within 36 hours after the accumulation, the City may abate the nuisance in accordance with Chapter 223, Nuisance Abatement, of the Code of Ordinances.
B.
If the owner or person in control of any land has previously received
a notice to abate nuisance relating to snow, ice, and accumulations
within the preceding 24 months, then the notice to abate nuisance
may include notice that such owner or person in control of said property
will be considered to be an habitual violator of this article; and
that if the nuisance is not abated within the allowed time, the City
will consider the property to be subject to having a contract let
by the City for snow, ice, and accumulation removal as needed up to
a weekly basis for the next following twenty-four-month period of
time, and that the full cost of said contract, together with an administrative
fee as set by resolution of the City Council, will be assessed against
the property.
It is the responsibility of the abutting property owners to
maintain in a safe and hazard-free condition any sidewalk outside
the lot and property lines and inside the curblines or traveled portion
of the public street.
If the abutting property owner does not maintain sidewalks as
required, the Council may serve notice on such owner, by certified
mail, requiring the owner to repair, replace or reconstruct sidewalks
within a reasonable time and if such action is not completed within
the time stated in the notice, the Council may require the work to
be done and assess the costs against the abutting property for collection
in the same manner as a property tax.
The Council may order the construction of permanent sidewalks
upon any street or court in the City and may specially assess the
cost of such improvement to abutting property owners in accordance
with the provisions of Chapter 384 of the Code of Iowa.
[Ord. No. 15-24]
Sidewalks repaired, replaced or constructed under the provisions
of this chapter shall be in accordance with the latest edition of
SUDAS.
[Amended 3-23-2023 by Ord. No. 23-02]
Whenever any material of any kind is deposited on any street,
avenue, highway, passageway or alley when sidewalk improvements are
being made or when any sidewalk is in a dangerous condition, it shall
be the duty of all persons having an interest therein, either as the
contractor or the owner, agent or lessee of the property in front
of or along which such material may be deposited, or such dangerous
condition exists, to have proper barricades at all times, pursuant
to the latest edition of SUDAS as approved by the City Council. The
party or parties using the street for any of the purposes specified
in this article shall be liable for all injuries or damage to persons
or property arising from any wrongful act or negligence of the party
or parties, or their agents or employees or for any misuse of the
privileges conferred by this article or of any failure to comply with
provisions hereof.
It is the duty of the owner of the property abutting the sidewalk,
or the owner's contractor or agent, to notify the City immediately
in the event of failure or inability to make necessary sidewalk improvements
or to install or erect necessary barricades as required by this article.
No person shall knowingly or willfully drive any vehicle upon
any portion of any sidewalk or approach thereto while in the process
of being improved or upon any portion of any completed sidewalk or
approach thereto, or shall remove or destroy any part or all of any
sidewalk or approach thereto, or shall remove, destroy, mar or deface
any sidewalk at any time or destroy, mar, remove or deface any notice
provided by this article.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for a person to erect or maintain any stairs
or steps upon any part of any sidewalk without permission by resolution
of the Council.
It is unlawful for a person to:
A.
Stairs and railings. Construct
or build a stairway or passageway to any cellar or basement by occupying
any part of the sidewalk, or to enclose any portion of a sidewalk
with a railing without permission by resolution of the Council.
B.
Openings. Keep open any cellar
door, grating or cover to any vault on any sidewalk except while in
actual use with adequate guards to protect the public.
C.
Protect openings. Neglect to
properly protect or barricade all openings on or within six feet of
any sidewalk.
It is unlawful for a person to make a fire of any kind on any
sidewalk or to place or allow any fuel to remain upon any sidewalk.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for a person to scatter or place any paste, paint
or writing on any sidewalk. This section shall not be construed to
prohibit any easily removable markings on public sidewalks and streets
used in connection with traditional children's games, City-sponsored
events, any lawful event, or public purpose.
It is unlawful for a person to throw or deposit on any sidewalk
any glass, nails, glass bottle, tacks, wire, cans, trash, garbage,
rubbish, litter, offal, or any other debris, or any substance likely
to injure any person, animal or vehicle.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for a person to place upon or above any sidewalk
any goods or merchandise for sale or for display in such a manner
as to interfere with the free and uninterrupted passage of pedestrians
on the sidewalk; in no case shall more than three feet of the sidewalk
next to the building be occupied for such purposes. In all cases,
the vendor shall ensure that at least five feet of unobstructed sidewalk
width remains open for pedestrian and wheelchair traffic.[1]
[1]
Editor's Note: Original § 141.17, Sales Stands,
of the 2000 Code, which immediately followed this section, was repealed 3-23-2023 by Ord. No. 23-02.
[Ord. No. 03-05; amended 3-23-2023 by Ord. No. 23-02]
The following provisions govern the installation of sidewalks
when the same are not covered by an existing memorandum of agreement.
Whenever a building permit is issued for a new principal structure
or for remodeling or repairs equal to or exceeding 50% of the assessed
value of an existing principal structure, it shall be a requirement
for the issuance of the permit that the applicant agree that concrete
sidewalks shall be constructed on all of the street frontage in conformance
with the latest edition of SUDAS. The Council may defer the requirement
for the installation of required sidewalks if it determines that there
is no current public need for sidewalks and if there is a written
agreement with the owner to install sidewalks within a specified time
or at such time in the future as the Council may pass a resolution
of necessity for said sidewalks.
