[Ord. No. 1713, 12-19-1978; Ord. No. 2164, Ren&Amd, 1-20-1998; Ord. No. 2346, Amended, 6-10-2003; Ord. No. 2830, Amended, 10-1-2019]
1.
All new development, and structural additions
to existing commercial, institutional and industrial buildings which
increase traffic shall dedicate necessary right-of-way and construct
new sidewalks or improve existing sidewalks adjacent to a public street
along the development property frontage. Any findings supporting any
required dedication for a minor or major development shall be included
within the development permit approval; any findings supporting any
required dedication for a ministerial development shall be issued
by the City Engineer. When the City Manager determines that a required
sidewalk (or pathway) construction should be deferred to a later time,
the applicant shall sign an agreement binding upon the development
property to construct or participate in the cost of construction of
the sidewalk as a condition of proceeding with the development. The
City Manager may waive the requirement for a sidewalk when the City
Manager finds that a sidewalk is not warranted due to site-specific
factors. Such factors may include development on streets that have
extremely low vehicle volumes (typically encountered on local, closed
end streets), where there are no existing or planned sidewalks in
the area of the street and no further development in the surrounding
area is likely to occur. When the sidewalk requirement is waived,
the City Manager may require alternate elements in the street design
to maintain pedestrian safety and convenience, such as gravel shoulders
(in the case of local streets), or wider than usual pavement in the
vehicular lanes.
2.
When the City Manager determines that it
is appropriate and timely for installation or improvement of a sidewalk
(or pathway) adjacent to the development’s street frontage,
the applicant shall construct or improve the sidewalk (or pathway)
according to minimum widths specified in the following matrix, unless
deviations from the minimum widths set forth below are approved by
the City Engineer.
|
Street Type
|
Residential Sidewalk
|
Commercial / Public Institutional
Sidewalk
|
Industrial Sidewalk
|
|---|---|---|---|
|
Local/Residential
|
5 feet
|
7 feet
|
5 feet
|
|
Major Collector/Neighborhood Collector
|
6 feet
|
8 feet
|
6 feet
|
|
Minor Arterial/ Major Arterial
|
6 feet
|
8 feet
|
6 feet
|
3.
Except where necessary to preserve a natural
resource, such as a significant tree or rock outcropping, sidewalks
shall maintain a minimum unobstructed width of five feet. In no circumstances
shall a sidewalk have an unobstructed width of less than four feet.
Sidewalks at transit stops shall be a minimum of eight feet wide.
4.
When a minimum five-foot planting strip
between the curb and sidewalk is provided, the sidewalk width may
be reduced by one foot in width (but not less than five feet, except
as provided in subsection 3 of this section). The planting strip shall
be landscaped and shall be maintained by the abutting property owner.
The planting strip may contain fixed objects such as trees, mailboxes,
fire hydrants, telephone poles or benches.
[Ord. No. 395, 10-4-1949; Ord. No. 980, 1-21-1964; Ord. No.
2125, Amended, 9-19-1995; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2811, Amended, 1-2-2019; amended 11-21-2023 by Ord. No. 2937]
1.
It shall be the duty of owners of property:
a.
Abutting or lying adjacent to sidewalks
constructed upon the public streets to keep such sidewalks, and the
property lying between such sidewalks and the adjacent and abutting
property; or
b.
When a public sidewalk or pathway
is within a public easement on the property, to keep such sidewalks
and pathways;
in good repair and free from obstruction
and to keep the same clean of debris, leaves and any growing material
and ice and snow, and free of any other object or matter which may
impede or render hazardous the use of the sidewalk/pathway and, if
applicable, property lying between the same and abutting and adjoining
property.
2.
A property owner shall remove ice and snow
from such sidewalks/pathways as hereinbefore required within four
hours after daylight when the same shall have accumulated during the
night hours or within two hours after the end of a snowfall occurring
during daylight hours.
4.
Liability; indemnification:
a.
The owner of the land adjoining any
street in the City shall be liable to any person suffering injury
by reason of the owner's negligent failure to comply with this Subsections
(1) or (2).
b.
The City shall not be liable for injury, damage or loss to any person or property caused in whole or in part by the defective or dangerous condition of any sidewalk, or driveway approach, or the City's failure to provide notice as provided in LOC § 42.08.420.
c.
If the City is required to pay damages
or incurs attorneys' fees and costs for an alleged injury to any person
by failure of an owner to maintain a sidewalk in good repair or safe
condition free of hazards, the owner shall reimburse the City for
the amount of damages paid, and for the attorney fees and costs of
defending against the claim for damages.
[Ord. No. 395, 10-4-1949]
Whenever it shall appear that the owner of any property in the city shall have failed to comply with LOC § 42.08.410, above, the recorder shall immediately notify the owner of such property of such failure by written notice delivered to such owner or owners in person, or by registered mail directed to their last known residence address, giving the description of the property owned by such person and a brief description of the condition existing in relation to such sidewalk or property lying between such sidewalk, and the abutting property, and which notice shall require that the condition or defect be remedied immediately.
[Ord. No. 395, 10-4-1949]
If the failure and defect described
in the notice referred to in the preceding section shall be in the
nature of an obstruction or the presence of material on the sidewalk
or adjacent property not a part thereof, or connected thereto, it
shall be sufficient that the notice be given to the occupant of the
premises and the occupant or owner of the premises shall, within twenty-four
hours after receipt of the notice, remedy the situation described
in the notice.
[Ord. No. 395, 10-4-1949]
If the failure or defect described in the notice referred to in LOC § 42.08.420 shall be in the nature of a defect of the sidewalk itself or property between the same and the adjacent property, or in the nature of an attachment thereto, the owner of the premises shall remedy the situation described in the notice within thirty days from the receipt thereof. If the owner or occupants of the premises in question shall fail within the time described above to correct the situation described in the notice so given, the city may, either through its own employees or by contract let to others, correct such situation and make such repairs, alterations or improvements to the sidewalk and property lying between the sidewalk and the abutting and adjoining property as may be necessary, and charge the cost thereof to the owner of the property, which cost and changes shall be a lien upon the property so abutting or adjoining the sidewalk.
[Ord. No. 395, 10-4-1949]
When the City shall have done, or shall have caused to be done, any work, as described in LOC § 42.08.440, above, and when the cost thereof shall have been determined, the Recorder of the City shall notify the owner or owners of the premises abutting or adjoining the sidewalk or property between the same and the adjacent land that the work has been done and that the cost thereof is being charged to the owner and shall become a lien against and upon the premises, which notice shall be in writing, giving the description of the premises affected, the cost of work done and a brief description of the type of work done, and shall notify the owner that unless said costs are paid within thirty (30) days from the date of giving notice that the costs shall be entered in the lien records of the City.
[Ord. No. 395, 10-4-1949]
If the cost is not paid within thirty days from the giving of the notice described in LOC § 42.08.420 the Council shall, by ordinance or resolution, direct the City Recorder to enter in the docket of City liens the amount assessed upon the particular tract or parcel of land with the names of the record owners thereof. Upon such entry in the lien docket the amount so entered shall be immediately due and payable and shall be a lien and charge upon the respective lots, tracts or parcels of land against which the same are placed. Such lien shall be first and prior to all other liens, except as otherwise provided by law. Interest shall be charged at the rate of six percent (6%) per annum until paid on all amounts not paid within thirty days from the date of such entry.
[Ord. No. 395, 10-4-1949]
After thirty days from the date of
entry in the City lien docket, the City may proceed to foreclose as
delinquent any lien which is unpaid.
