Any person desiring to build or erect any curbing or sidewalk upon the streets of the city shall first petition the city council in writing, stating in such petition the street upon which the curbing or sidewalk is to be built or erected and the lot and the block in front of which such curbing or sidewalk is to be built or erected. Such petition shall be passed upon by the city council in regular or called session and, after a vote of the council, if a majority vote in favor of the building or erecting of such curbing or sidewalk, the council shall grant the petitioner a permit to erect such curbing or sidewalk according to the provisions of this division. Every person securing such a permit shall pay to the city a fee as established in the fee schedule in appendix A of this code.
(1965 Code, sec. 16-43; 1989 Code,
sec. 15-76; Ordinance adopting 2016 Code)
All curbs and sidewalks constructed in the city shall be made
and constructed in accord with specifications designated by the council
for the particular class of curbing or sidewalk to which it belongs.
Additional specifications include:
(1)
Citizens
are financially responsible to install a first time curb.
(2)
During
street reconstruction, the city will replace, at the city’s
expense, any curbing that has failed.
(3)
It
will be at the city’s discretion as to which curbs need to be
replaced.
(4)
Citizens
will not be required to install curbing during street construction
or reconstruction.
(1965 Code, sec. 16-44; Ordinance
adopted 11/2/99, sec. 1; 1989
Code, sec. 15-77)
(a)
All
curbing and sidewalks constructed in the city shall conform to the
grade established by the city engineer. The top of curbing shall conform
to the established grade of the contemplated sidewalk.
(b)
All
grades of sidewalks shall preserve a uniform surface level, as near
as practical, taking into consideration the general surface of the
ground.
(c)
All
existing sidewalks and curbing which do not conform to the grade lines
established by the city engineer, or which are not upon a general
surface level, so far as same is practicable, shall, at the request
of the city council, be reconstructed or repaired by the property
owner in front of whose property the same may be, to conform to such
grade.
(1965 Code, sec. 16-45; 1989 Code,
sec. 15-78)
(a)
The
distance between the curbline and the property upon and along the
streets of the city shall be as follows:
|
Width of Street
(curb to curb)
|
Distance from Curbline to Property Line
|
|---|---|
|
30 feet
|
5 feet
|
|
40 feet
|
8 feet
|
|
45 feet
|
7-1/2 feet
|
|
50 feet to 70 feet
|
10 feet
|
(b)
Notwithstanding
the above provisions, the distance from the curbline to the property
line shall not exceed ten (10) feet in the business district of the
city.
(1965 Code, sec. 16-46; 1989 Code,
sec. 15-79)
The inside line of a sidewalk constructed upon a street forty
(40) feet or more in width shall be a distance of two (2) feet from
the property line.
(1965 Code, sec. 16-47; 1989 Code,
sec. 15-80)
Whenever any sidewalk is in such defective condition as to likely
cause personal injury to any person, it shall be repaired and such
defect removed by the property owner in front of whose property such
defect is located.
(1965 Code, sec. 16-48; 1989 Code,
sec. 15-81)
Whenever any defect shall exist in any sidewalk so that it becomes
the duty of any person to repair the same, or for any reason it becomes
the duty of such person to construct a sidewalk along any street,
so as to comply with the ordinances regulating the same or with the
grade that may be fixed and defined as provided for in this division,
and such person fails to do so, it shall be the duty of the city administrator
to notify such person to construct or repair the same as may be required
by the ordinances or the grade, and within five (5) days thereafter
the same shall be so repaired or constructed by such person, and a
failure to do so is hereby declared a violation.
(1965 Code, sec. 16-49; 1989 Code,
sec. 15-82)
It shall be the responsibility of a property owner to maintain
the area between the property line and the curbline of adjacent streets
and alleys, and where no curb exists, the area extending to the adjacent
street or alley surface. It is an offense for a property owner to
fail to maintain these areas. A property owner is entitled to written
notice and ten days to maintain the parkway before a citation is issued.
(Ordinance adopted 8/31/18; Ordinance adopted 9/4/18)
(a)
It
shall be unlawful for the owner, lessee, or tenant of any premises
abutting on any sidewalk, curb or right-of-way to permit such sidewalk,
curb, or right-of-way to become covered with solid waste, sand, dirt
or leaves or to permit grass or weeds to grow on or extend over such
sidewalk, curb or right-of-way. Trees overhanging a sidewalk, curb
or right-of-way shall be kept trimmed to a minimum eight-foot height
for egress. Grass and vegetation on median between the street and
sidewalk shall be limited to a height of 12 inches.
(b)
Property
owners shall be responsible for maintaining their driveway aprons,
including the portion of the driveway apron that is integrated with
the sidewalk.
(c)
During
periods of constructions on abutting property, the owners, tenants
or lessees shall also be responsible to keep all streets and sidewalks
free of safety hazards to vehicles and pedestrian traffic.
(Ordinance adopted 8/31/18; Ordinance adopted 9/4/18)
