As used herein "sidewalk" means and includes in addition to
its normal meaning a park or parking strip maintained in the area
between the property line and the street line and also includes curbing,
bulkheads, retaining walls or other works for the protection of any
sidewalk or of any such park or parking strip.
(Prior code § 9-001)
The provisions hereof shall only apply to maintenance, replacement
and repair proceedings and shall not be used for the construction
of new non-replacement improvements. The "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931" shall not apply to proceedings
taken hereunder.
(Prior code § 9-002)
The provisions hereof constitute a separate and alternate procedure
for performing the works specified herein and are not intended to
exclude the continued use of the Improvement Act of 1911 for the repair
of sidewalks. The purpose set forth herein is to permit sidewalk repair
work under certain conditions of convenience and cost to be done by
private contractors and to thus expedite the repair of sidewalks in
the City.
(Prior code § 9-002.1)
A.
The
owners of lots or portions of lots fronting on any portion of a public
street or place where the street or place is improved, or if and when
the area between the property line of the adjacent property and the
street line is maintained as a park or parking strip, shall maintain
any sidewalk in such condition that the sidewalk will not endanger
persons or property, and maintain it in a condition which will not
interfere with the public convenience in the use of those works or
areas save and except as to those conditions created or maintained
in, upon, along, or in connection with such sidewalk by any person
other than the owner, under and by virtue of any permit or right granted
to him or her by law or by the City authorities in charge thereof,
and such persons shall be under a like duty in relation thereto.
B.
Notwithstanding the provisions of subsection A of this section, the owners of such lots or portions of lots shall not be required to repair any sidewalk if its condition of disrepair was caused by the condition of any tree located in any street right-of-way, park or other public place owned or controlled by the City.
(Prior code § 9-003)
When any portion of the sidewalk is out of repair or pending
reconstruction and in condition to endanger persons or property or
in condition to interfere with the public convenience in the use of
such sidewalk, the Superintendent of Streets shall notify the owner
or person in possession of the property fronting on that portion of
such sidewalk so out of repair, to repair the sidewalk, unless such
condition of disrepair was caused by condition of any tree located
in any street right-of-way, park or other public place owned or controlled
by the City.
(Prior code § 9-004)
Notice to repair may be given by delivering a written notice
personally to the owner or to the person in possession of the property
facing upon the sidewalks so out of repair, or by mailing a postal
card, postage prepaid, to the person in possession of such property,
or to the owner thereof at his or her last known address as the same
appears on the last equalized assessment rolls of such City or to
the name and address of the person owning such property as shown in
the records of the office of the Clerk.
(Prior code § 9-004.1)
The postal card shall contain a notice to repair the sidewalk
so out of repair, and the Superintendent of Streets, shall immediately
upon the mailing of the notice, cause a copy thereof printed on a
card of not less than eight inches by 10 inches in size, to be posted
in a conspicuous place on the property.
(Prior code § 9-004.2)
The notice shall particularly specify what work is required
to be done, and how it is to be done, and what materials shall be
used in the repair and shall further specify that if the repair is
not commenced within 10 days after notice is given and diligently
and without interruption prosecuted to completion, the Superintendent
of Streets shall make such repair or shall request the Council of
the City to enter into a contract to have such repair made, and the
cost of the same shall be a lien on the property.
(Prior code § 9-004.3)
A.
If
the repair is not commenced and prosecuted to completion with due
diligence, as required by the notice, the Superintendent of Streets
shall forthwith repair the sidewalk in any one City block in which
the amount of sidewalk to be repaired is less than 200 square feet.
The Superintendent of Streets shall also have the duty of repairing
each sidewalk where its condition of disrepair was caused by the condition
of any tree located in any street right-of-way, park or other public
place owned or controlled by the City, where the amount of sidewalk
to be repaired is less than 200 square feet. If the amount of sidewalk
to be repaired in any one City block exceeds 200 square feet the Superintendent
of Streets shall either repair the sidewalk or request in writing
the Council of the City to enter into a contract to cause the sidewalk
to be repaired. The term "block" means one running block of one direction
and not a square block of four directions. The Superintendent of Streets
shall decide on the amount of sidewalk to be repaired in any one block.
B.
General
Provisions.
1.
If
the work is to be done by contract the Council shall approve specifications
prepared by the City Engineer. The specifications, notices, and work
to be done may cover portions of one or more blocks and the property
of one or more owners where the lots are contiguous or not. After
the Council has approved the specifications it shall order them filed
with the City Engineer and shall by resolution call for bids for the
work to be done under the specifications. Notice inviting sealed proposals
or bids for the work shall refer to the specifications on file and
shall be published once in the official newspaper of the City. The
time fixed for the opening of the bids shall not be less than five
days from the time of the publication of the notice inviting sealed
proposals or bids. The bidders shall bid on forms furnished by the
City Engineer and shall bid not only the lump sum for the work to
be done but also the amount per square foot.
2.
All
bids shall be accompanied by cash or a cashier's check of a responsible
bank or a check certified by a responsible bank, payable to the order
of the City for an amount not less than 10 percent of the proposal,
or a bidder's bond executed as surety by some corporation authorized
to issue surety bonds in the State, made out in favor of the City
for an amount not less than 10 percent of the aggregate of the proposal,
and no proposal shall be considered unless accompanied by such check
or bidder's bond.
3.
The
bids shall be delivered to the City Clerk and the City Council shall
in open session publicly open, examine and declare the same and hear
also the written estimate of the City Engineer on the cost the work
if done by the City. Within 21 days thereafter the Council shall award
the contract to the lowest and best regular responsible bidder, provided
that the Council may reject any and all bids, and in that event, or
in the event that no bids are made, may readvertise for bids or provide
for the work to be done by the City. All cash, checks or bonds accompanying
rejected bids shall be returned by the City Clerk to the bidders.
The cash, check or bond accompanying the accepted bid shall be held
by the City Clerk until the contract for doing said work has been
entered into; whereupon such cash, check or bond shall be returned
to the bidder. But if said bidder fails, neglects or refuses to enter
into the contract to perform said work or improvement, as hereinafter
provided, then the cash, cashier's check or certified check accompanying
his or her bid, and the amount therein mentioned shall be deemed to
be forfeited to said City, and shall be collected by it and paid into
the General Fund, and any bond forfeited may be prosecuted, and the
amount due thereon collected and paid into said fund.
(Prior code § 9-005)
The form of bids and affidavit shall be as set forth in Section 6 of Article XXIII of the Charter of the City.
(Prior code § 9-005.1)
The form, execution and contents of the contract shall be as set forth in Section 3 of Article XXIII of the Charter of the City. No contract shall be binding unless the Director of Finance shall endorse thereon his or her certificate that there remains a balance of the appropriation for and applicable thereto sufficient to pay the estimated expense of fulfilling such contract.
(Prior code § 9-005.2)
At the same time as the execution of the contract, the contractor
shall execute to the City and deliver to the Director of Finance a
bond in the amount named in the notice inviting proposals, conditioned
for the faithful performance of the contract with sureties to be approved
by the Director of Finance, or shall deposit with the Director of
Finance a certified check upon some solvent bank for the amount of
said bond.
(Prior code § 9-005.3)
A.
At
the same time as the execution of the contract, the contractor shall
execute and file with the Director of Finance a good and sufficient
bond with sureties to be approved by the Director of Finance, in a
sum not less than one-half of the total amount payable by the contract,
which bond must provide that if the contractor fails to pay for any
materials, provisions, provenders, or other supplies or teams used
in, upon, for, or about the performance of the work contracted to
be done or for any work or labor thereon of any kind, that the surety
or sureties will pay the same in an amount not exceeding the sum specified
in the bond; provided that such claim shall be filed as hereinafter
required.
B.
Any
materialmen, person, company, or corporation furnishing materials,
provisions, provenders, or other supplies used in, upon, for or about
the performance of the work contracted to be executed or performed,
or any person, company, or corporation renting or hiring teams for
or contributing to said work to be done, or any person who performed
work or labor upon the same, or any person who supplied both work
and materials and whose claim has not been paid by the contractor
shall, within 30 days from the time such contract is completed, file
with the City Council and the Director of Finance a verified statement
of such claims, together with a statement that the same has not been
paid.
(Prior code § 9-005.4)
No person, firm, or corporation, shall be allowed to make or
file or be interested in more than one bid for the same work or for
furnishing the same materials, unless alternative bids be called for,
and if, on the opening of said bids, more than one bid appears in
which the same person, firm, or corporation is interested, all such
bids shall be rejected except as above provided.
(Prior code § 9-006)
A.
Any property owner required to maintain his or her sidewalk in a safe condition pursuant to Section 12.04.040 shall have the right to have his or her sidewalk repaired at his or her own expense provided the work is substantially completed within five days after the publication of the notice calling for bids in reference to the repair of his or her sidewalk as herein provided and to the satisfaction of the Superintendent of Streets. In such event the sum due the contractor with the City shall be reduced on a pro rata basis according to his or her per square foot bid.
B.
After
said five days has elapsed the property owner shall not have the right
to repair his or her sidewalk for a period of 60 days.
(Prior code § 9-007)
The work or improvement must, in all cases, be done under the
direction and to the satisfaction of the Superintendent of Streets,
and materials used shall comply with the specifications and be to
the satisfaction of said Superintendent of Streets. If not so done
the contractor will not be paid.
(Prior code § 9-007.1)
In the event that the sidewalk repair is made by the City, the
Superintendent of Streets shall keep an account of the costs of repairing
the sidewalk in front of or on each separate lot or parcel of land
where the work is done by him, her or deputies. To this he or she
shall add the incidental expenses and properly prorate these expenses
over the separate lots.
(Prior code § 9-008)
A.
In
the event that the sidewalk repair is made by a contractor with the
City, the contractor shall keep an account of costs of repairing the
sidewalk in front of or on each separate lot or parcel of land where
the work is done and shall render three itemized copies of this account
to the Superintendent of Streets who shall investigate and approve
the same. The Superintendent of Streets shall furnish the contractor
with a description or map of the lots. To this the Superintendent
of Streets shall add the incidental expenses and properly prorate
these expenses over each lot.
B.
The
term "incidental expenses" shall include the expenses and costs of
the City in the preparation of specifications, contracts and notices
and in inspecting the work and the cost of printing and advertising
required hereunder.
(Prior code § 9-008.1)
Upon the completion of the repair the Superintendent of Streets
shall compute the costs and incidental expenses attributable to each
lot or parcel of land from his or her records and the accounts of
the contractor or contractors. He or she shall then cause notice of
the cost of repair (and incidental expenses) to be given in the manner
specified herein for the giving of notice to repair, which notice
shall specify the day, hour, and place when the City Council will
hear and pass upon a report by the Superintendent of Streets of the
cost of repair, together with any objections or protests, if any,
which may be raised by any property owner liable to be assessed for
the cost of such repair and any other interested persons. No property
owner shall be assessed for the cost of repair of any sidewalk where
its condition of repair was caused by the condition of any tree located
in any street right-of-way, park, or other public place owned or controlled
by the City, if such repair was undertaken on or after July 1, 1967,
nor shall the notice prescribed herein be sent to any such property
owner.
(Prior code § 9-008.2)
Upon the completion of the repair, the Superintendent of Streets
shall prepare and file with the City Council a report specifying the
repairs which have been made, the cost of the repairs and incidental
expenses, a description of the real property in front of which the
repairs have been made and the assessment against each lot or parcel
of land proposed to be levied to pay the cost thereof. Any such report
may include repairs to any number of parcels of property, whether
contiguous to each other or not.
(Prior code § 9-008.3)
Upon the day and hour fixed for the hearing the City Council
shall hear and pass upon the report of the Superintendent of Streets,
together with any objections or protests which may be raised by any
of the property owners liable to be assessed for the work of making
such repair and any other interested persons. Thereupon the City Council
may make such revision, correction or modifications in the report
as it may deem just, after which, by motion or resolution, the report
as submitted or as revised, corrected or modified, shall be confirmed.
The City Council may adjourn the hearings from time to time for a
period not to exceed 30 days. The decision of the City Council on
all protests and objections which may be made, shall be final and
conclusive.
(Prior code § 9-008.4)
The cost of the repair (and incidental expenses) may be assessed
by the City Council against the parcel of property fronting upon the
sidewalk upon which such repair was made; provided, however, that
the cost of any repair undertaken on or after July 1, 1967, where
the condition of disrepair was caused by the condition of any tree
located in any street right-of-way, park, or other public place owned
or controlled by the City, shall not be so assessed. Such cost so
assessed, if not paid within five days after its confirmation by the
City Council, shall constitute a special assessment against that parcel
of property, and shall be a lien on the property for the amount thereof
which lien shall continue until the assessment and all interest thereon
is paid, or until it is discharged of record.
(Prior code § 9-008.5)
Five days after confirmation of said report a copy shall be
turned over to the Assessor and the Tax Collector of the City, whereupon
it shall be the duty of said officer to add the amounts of the respective
unpaid assessments to the next regular bills for taxes levied against
the said respective lots and parcels of land for municipal purposes;
and thereafter said amounts shall be collected at the same time and
in the same manner as ordinary municipal taxes are collected and shall
be subject to the same penalties and the same procedure under foreclosure
and sale in case of delinquency, as provided for ordinary municipal
taxes.
(Prior code § 9-008.6)
Immediately after confirmation of said report the amount or
amounts which were agreed to be paid to the contractor by the City
shall be ordered by the City Council to be paid to said contractor.
(Prior code § 9-008.7)
A.
All
or any portion of the special assessment herein mentioned shall be
canceled, or if collected, be refunded by the City Treasurer on order
of the City Council. If the Council finds and determines that such
special assessment and/or penalty or costs were entered, charged or
paid:
B.
No
order for cancellation or refund under this section shall be made
except upon a claim: (1) verified by the persons against whose property
the special assessment was levied and which was paid by him or her,
his or her guardian or executor or administrator; and (2) filed within
one year after the date of the confirmation of said assessment.
C.
All
amounts collected for costs of sidewalk repairs undertaken on or after
July 1, 1967, where the condition of disrepair was caused by the condition
of any tree located in a street right-of-way, park, or other public
place owned or controlled by the City shall be deemed to be overpayments
and shall be refunded by the City Treasurer.
(Prior code § 9-008.8)
