It is the intent of this policy to encourage the construction and/or reconstruction of sidewalks throughout the city for the safety and convenience of pedestrians.
(Code 1975, § 20-121)
The design and construction of sidewalks shall conform to city standards and shall provide, at a minimum, a four-foot wide concrete sidewalk located approximately 5½ feet behind the back-of-curb, or a five-foot-wide concrete walkway located immediately behind the back-of-curb. The specific design and placement of the sidewalk may vary depending upon location and extenuating circumstances, however, the department of public works shall approve the final design. In all cases, the placement of the sidewalk shall provide a continuous walkway for the pedestrian and will be compatible with other existing sidewalks in the neighborhood. Curb ramps will be required at the corners of all intersections as sidewalks are constructed.
(Code 1975, § 20-122)
(a)
New developing areas.
In new developing areas, the following sidewalk requirements shall apply:
(1)
Sidewalks are required on both sides of all new streets.
(2)
In developing areas, sidewalks should normally be installed along with the construction of homes, offices, buildings, etc., so as to avoid being damaged by heavy trucks during that stage of development. The city building official or as otherwise designated by the city manager will require that sidewalks that were required at the time of platting be installed during the construction of buildings on the lot and prior to the issuance of the certificate of occupancy and/or final connection of utilities.
(3)
The cost of required sidewalks in new developing areas shall be paid by the builder and/or property owner.
(b)
Redeveloping areas.
In developments being expanded or reconstructed, the following sidewalk requirements shall apply:
(1)
Sidewalks shall be required in redeveloping areas under the same conditions as new developing areas. An area shall be considered to be redeveloping for purposes of this policy when:
a.
1.
A building permit is issued in an amount equal to or greater than 50 percent of the fair market value of the existing improvements (as determined by the city building official or as otherwise designated by the city manager); and
2.
There are sidewalks existing along the rest of the block face; or the property on which the building permit is issued has a frontage of 300 feet or more, or extends for 50 percent or more of the block face; or
b.
The property is located in a residential area identified and targeted by the city council for redevelopment.
(2)
The property owner shall pay the cost of the required sidewalks in redeveloping areas meeting the requirements of subsection (b)(1)a. of this section. The city shall have the option to pay for a portion or all of the cost for sidewalks in all other redeveloping areas.
(3)
All required sidewalks shall be installed prior to the issuance of the certificate of occupancy or final connection of utilities.
(c)
Existing developed areas.
In existing developed areas, the following sidewalk requirements shall apply:
(1)
Replacement of sidewalks.
In some areas where sidewalks have previously been constructed, it is essential that they are kept in a good state of repair and are properly maintained. In certain cases poorly maintained sidewalks constitute a greater hazard to pedestrians than no sidewalks at all.
a.
It shall be the responsibility of the property owner to inspect existing sidewalk conditions in front, side, or behind his property and to keep them in good repair. Faulty sidewalks should be brought to the attention of the department of public works by the property owner.
b.
After sidewalks in need of replacement have been identified, the city will initiate corrective action and so notify the affected property owner. Such notification will include the project scope, the estimated cost of the project, and the estimated cost for the individual property owner.
c.
The city shall initiate the replacement of sidewalks upon receipt of the property owner's share of the cost or assessments having been formally made. In cases where a hazard exists and the adjacent property owner refuses to pay the property owner's share of the cost of replacement, the city may file a lien on the adjacent property for the value of the assessment.
(2)
New sidewalks.
a.
In developed areas with no existing sidewalks, property owners can request the installation of sidewalks by petitioning the city. At a minimum, 80 percent of the property owners along the block face must sign the petition requesting the installation of the sidewalks. The 80 percent will be determined by linear feet of frontage the petitioning property owner's have to the total feet of frontage the block has.
b.
The cost of installing new sidewalks in developed areas will be the property owner's responsibility.
c.
When the city determines that a sidewalk is warranted to provide for the safety and convenience of the public-at-large, no property owner participation will be required. This determination will be made by the department of public works using a "priority warranting system" which shall include but may not be limited to such factors as number of pedestrians, pedestrian accident history, vehicular volume, traffic speed, and proximity to a school or place of public assembly (see Attachment A[1]). Such warranted sidewalks will be constructed by the city as needed and shall be paid for 100 percent by the city from the appropriate fund if funds are not available from the current budget, the sidewalk construction cost will be included in the following year's budget.
[1]
Editor's note – Attachment A is included as an attachment to this chapter.
(d)
City improvement projects.
In city improvement projects, the following sidewalk requirements shall apply:
(1)
When the city remodels, improves or constructs a building (i.e., fire station, police station, garage, civic center), parkway improvements will normally be a part of the work. These improvements will consist of the installation of new sidewalks or the replacement of deteriorated sidewalks adjacent to the property as deemed necessary and desirable. The cost of this work will be paid for 100 percent by the city and shall be included as a cost of the building project.
(2)
When the city widens or reconstructs an existing street and it is determined that sidewalks are necessary and desirable, the cost of these sidewalks shall be paid for by the owners of the adjacent properties in accordance with the street assessment policy.
(3)
When the city reconstructs a street utilizing community development block grant funds through HUD, the cost of any sidewalks constructed will be paid for by the city.
(e)
Cost share program for sidewalk and drive approach replacement.
(1)
The city may participate (as funding allows) in the reconstruction or repair of the sidewalk and drive approach with eligible property owners provided sufficient funding is available. The city participation shall be on a 50/50 basis for concrete sidewalks and drive approaches only.
(2)
Policies and procedures of cost share program. The city's 50/50 cost share program, hereinafter referred to as "the program" shall operate as follows:
a.
Eligible properties:
Abutting property owners of the following types of properties are eligible to participate in the program: Single-family residences, duplexes, and town homes. Other multifamily and commercial or industrial properties are not eligible.
1.
Only sidewalks and drive approaches within the city's right-of-way are eligible. In no event will reconstruction/repair be performed on private property.
2.
Sidewalk and/or drive approach condition: In order for the sidewalk or drive approach to be eligible for the program it must be below basic condition standards. Eg: excessive surface spalling, cracks, broken sections and/or heaved or depressed sections must be present. If a sidewalk has any of these conditions the public works department will, upon request of an abutting owner, examine and determine whether such sidewalk is eligible for the program.
b.
Cost:
The property owner's share of cost under the program shall be as 50 percent of the cost to the city of repairing or reconstructing the sidewalk and drive approach abutting the property owner' property.
1.
Additional costs: The cost of eligible repair or reconstruction does not include any necessary tree or tree root removal expense. All costs of such removal shall be the responsibility of the abutting property owner and must be completed prior to the beginning of reconstruction/repair.
2.
The city shall not be responsible for damage that may occur to sprinkler systems, trees, shrubs or other improvements in the city's right-of-way and the abutting property owner shall repair or replace such sprinkler if desired.
3.
The city pay all costs of wheelchair ramps required by the ADA at the street intersections or curb and gutter replacement not associated with the drive approach as well as cost of repairs that do not involve sidewalk replacement (for example, grinding on raising existing sidewalk).
c.
Payment:
A written agreement will be executed by the owner agreeing to the work and to pay for the owner's share. Payment of estimated costs by the property owner is required prior to work starting. When the work is finished the city document the actual costs and invoice the owner for the unpaid amount, if any. If the sidewalk replacement will place an excessive financial burden on the property owner, the city will consider a contractual undertaking providing for payment over time and establishing a mechanic's lien for the property owner's share.
d.
Payment over time (if approved by the city):
The abutting property owner shall execute a mechanic's lien contract for the repairs and make payments to the city in the full amount of their share of reconstruction/repair in 12 or 24 monthly payments. No interest will be charged if payments are made according to the agreed-to schedule. If a balance remains unpaid at the end of the agreed-to schedule, interest will be charged on an annual rate of eight percent until the outstanding balance is paid. Payments must be made through the city finance department with the first payment due and paid upon completion of the reconstruction/repair and each subsequent payment due as set forth in the contract signed by the property owner(s).
e.
Refund and reimbursement:
An abutting property owner may request a refund of monies they have paid any time prior to the city beginning work in connection with the reconstruction/repair. Refunds will not be made after the city begins work. An abutting property owner shall be eligible for reimbursement of the portion of the cost of replacement/repair in connection with the program if within two years of the completion of the replacement/repair the city undertakes a planned capital improvement project to reconstruct the street and/or underlying utilities abutting the abutting property owner's property and the sidewalk reconstruction/repaired through the program is replaced in connection with such capital improvement project. Emergency repairs and/or improvements would not be eligible for refunds and reimbursements.
(3)
The city cost share program is only an assistance program to help cover some of the costs to replace sidewalks and drive approaches. The program does not determine when sidewalks and drive approaches must be replaced and/or repaired. Any sidewalk determined to be unsafe by the public works department will need to be replaced/repaired even if it does not meet the requirements for eligibility for the cost share program.
(Code 1975, § 20-123; Ordinance 3248, §§ 1, 2, adopted 5/20/2013)
(a)
Public meeting.
Assessments for the construction or replacement of all sidewalks will require a public meeting as required by ordinance of the city and applicable state law.
(b)
Notice to property owner.
In all sidewalk cases requiring cost participation by the property owner, the city will notify the affected property owner of the project scope, length, total estimated cost, and the estimated property owner's cost of participation. Notice will be given of any required meeting, the meeting date, time, and place, as required by law.
(Code 1975, § 20-124)
(a)
Generally.
The total amount of an assessment may be paid in a lump sum cash payment, without interest, if payment is made within 30 days of acceptance of the project by the city council.
(b)
Division into five equal payments.
The assessment may be divided into five equal annual payments over a four-year period with the first payment due within 30 days of acceptance by the city council, and with interest not to exceed the maximum permitted by state law on the unpaid balance.
(c)
Amount of monthly payments.
The assessment may be paid in monthly payments of $9.00 or more per month of a maximum period of 49 months, with the interest rate pre-computed and made a part of the monthly payment.
(d)
Sealed bid for certain sidewalk improvements.
In those cases where an existing sidewalk constitutes a hazard the adjacent property owner refuses to pay the property owner's share and the city council has determined the necessity for the improvements and has ordered the improvements, it will be necessary to obtain sealed bids and let a contract for such work as required by law. One hundred percent of the cost as determined from the low bid shall be assessed against the owners in accordance with applicable statues.
(Code 1975, § 20-125)