The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction
refers to construction, reconstruction or repairs made to sidewalks within the city.
Lot
means lots, or any kind of property or real estate along which a sidewalk may be constructed.
Owner
means the owner or agent of an owner and/or a property.
Sidewalk
means that part of any street lying between the proper curbline and the abutting property line, usually paved five feet in width with concrete, and intended for pedestrian travel.
(Code 1997, § 159.190; Ordinance 99-73, adopted 11/17/1999; Ordinance 03-56, adopted 9/3/2003)
(a) 
No person, firm or corporation shall hereafter construct any sidewalks within the city without first obtaining from the city a permit to do so. Such permit shall be issued by the department of planning and development and a copy of each permit shall be filed and securely kept by the city. For each permit, the city shall be entitled to demand and receive an amount as established in the city fee schedule in chapter 18 per street block, or fraction thereof, as a fee for same.
(b) 
Every person, firm or corporation who shall construct any sidewalks under the provisions of this article shall, after the completion of same, file with the city a written report, showing the lot and block number of the property abutting upon such sidewalks so constructed and the date of completion of such sidewalks. This report shall be kept by the city in the files of its offices, and shall be open for inspection to the public at any time.
(Code 1997, § 159.191; Ordinance 99-73, adopted 11/17/1999)
All sidewalks hereafter constructed within the limits of this city shall be of concrete and shall conform strictly to the following specifications:
(1) 
Materials.
a. 
Cement.
All cement shall be Type 1 Portland and meet the requirements of ASTM C150. Any cement that does not conform to the said specifications at the time it is used shall be rejected.
b. 
Sand.
All sand shall consist of quartz grains or other equally hard materials, graded from fine to coarse with the coarse particles predominating. Gradation limits are as follows:
Sieve Size
Percent by Weight Passing
⅜-inch
100
No. 4
95—100
No. 8
70—95
No. 16
45—80
No. 30
20—60
No. 50
5—30
No. 100
0—5
It shall not contain vegetable or other organic matter, nor more than three percent by weight of clay or loam.
c. 
Gravel.
All gravel shall be clean, hard, bank gravel and shall not contain soft, flat, or elongated particles. The grading shall be as follows:
Sieve Size
Percent by Weight Passing
1.5-inch
100
¾-inch
35—75
¼-inch
10—30
No. 4
0—5
Gravel shall be free from organic or other injurious material. It shall not contain salt or alkali.
d. 
Water.
Water shall be clean, free from oil, acid, alkali or vegetable matter. No water shall be used unless the source has been approved by the city engineer.
(2) 
Construction methods.
a. 
The concrete shall consist of a five sack per cubic yard mix to produce a 3,000 PSI concrete. An excess of water is sufficient reason for the rejection of the batch so mixed.
b. 
The sidewalk shall be of one coarse concrete mixed as described above and shall not be less than four inches in thickness and five feet. The subgrade shall be excavated to the required depth and a bed of three inches of sand will be placed and shall be doweled with three #4 smooth dowel bars 36 inches long when tying into existing slabs or concrete sidewalks. The sand shall be thoroughly sprinkled before placing the concrete. At intervals of not more than six feet, the sidewalk shall be cut transversely with one-eighth-inch radius grooving tools to provide for control joints. At intervals of 40 lineal feet, an expansion joint shall be placed with a half-inch by four-inch redwood strip (or other approved substitute) with three #4 dowels having one end greased. A one-half-inch premolded expansion material shall be installed where concrete sidewalk abuts concrete curb or concrete curb inlets and other locations specified by the engineer. A float or brush finish will be required on all sidewalks constructed under the terms of this article. In no case will a troweled finish be permitted. After the construction of the sidewalk, the site of the work shall be thoroughly cleaned and left in a sightly condition. The concrete must be protected from the direct rays of the sun by covering with wet burlap or in any other manner approved by the city engineer or his designee.
c. 
At least one accessible route complying with ADA standards shall be provided within the boundary of the site from the sidewalk. Curb ramps shall be provided wherever an accessible route crosses a curb. All curb ramps shall comply with current ADA standards.
(3) 
Placement.
Sidewalks shall be contiguous with the curb and gutter; provided, however, that they shall be installed with due consideration being given to existing trees and shrubbery or proposed mailboxes which may require installation sway from the curb for a short distance in order to prevent removal of, or interference with, such features.
(Code 1997, § 159.192; Ordinance 99-73, adopted 11/17/1999; Ordinance 01-32, adopted 4/18/2001; Ordinance 03-31, adopted 5/21/2003; Ordinance 03-56, adopted 9/3/2003)
The city may provide assistance to property owners within the downtown improvement district as established in the city. Such assistance shall be provided by the public works department in reconstruction of sidewalks. The public works department, upon request and availability of manpower, will assist by break up and removal of existing sidewalk material. The property owner requesting such assistance may not have to pay for this service, but must agree to replace, at his expense, sidewalk sections as removed, to city specifications laid out in this article within 30 calendar days of such material removal.
(Code 1997, § 159.193; Ordinance 99-73, adopted 11/17/1999; Ordinance 07-27, adopted 4/18/2007)
All new commercial construction shall be required to place sidewalks as required by this section prior to issuance of a certificate of occupancy or final inspection approvals (unless locating on a street that is without curb and gutter-rural section). When 50 percent or more of the frontage on a street on any one block is improved with buildings that do not have a sidewalk, a sidewalk shall not be required on that one block. New subdivisions within city limits will be required to place sidewalks (or pay escrow for such) prior to recordation of a final plat as established by chapter 109.
(Code 1997, § 159.194; Ordinance 99-73, adopted 11/17/1999; Ordinance 01-32, adopted 4/18/2001; Ordinance 03-56, adopted 9/3/2003; Ordinance 05-25, adopted 5/18/2005)
(a) 
The city shall have the power, by either resolution or ordinance, to order the construction of sidewalks along any streets or public place, or in front of, or along any lots within the limits of the city, in accordance with the provisions of the resolution or ordinance, as the case may be, directing such work in accordance with the foregoing specifications. The construction shall commence within 30 days after the date of the notice to said owner as hereinafter provided, and to be completed within such time as may be provided by the ordinance or resolution ordering such work. It shall be the duty of such owner to pay all costs and expenses of same. In each case, the resolution or ordinance shall state the dimensions of the sidewalk to be constructed. The resolution or ordinance shall in general terms designate the lots or part of the street along or on which the sidewalk shall be constructed, the resolution or ordinance prescribes the grade and width of the sidewalk.
(b) 
Upon the passage of any resolution or ordinance by the city providing for the construction of any sidewalks, it shall be the duty of the director of planning and development, or other appointed designee, to prepare and file a statement, consisting of the name of the owner of any lots along and abutting upon the street, or part of street, or other public place where the sidewalks are to be constructed, describing briefly the property of each owner by block and lot number, or any other description, which shall be sufficient to identify the same, together with an estimate of the cost of the sidewalks to be constructed in front of the property of each owner.
(c) 
Upon the filing of such statement, it shall be the duty of the department of planning and development to notify in writing the owners of lots of any kind, along and abutting upon the sidewalks which are ordered to be constructed. Such notification will be made to the legal owner of record according to the latest available tax rolls of the city. The notice shall briefly recite the facts, that the sidewalk have been ordered by the city to be constructed, the street, streets, part of street or other public place along which same have been ordered to be constructed, the grade and width of the sidewalks, the estimate of the city engineer as to the cost of same, the kind and character of the material out of which the sidewalks shall be constructed. The notice shall command such owner of lots of any kind along or abutting upon the proposed sidewalks to construct the sidewalks, in accordance with the resolution or ordinance and specifications contained herein, and in accordance with other provisions of this article.
(Code 1997, § 159.195; Ordinance 99-73, adopted 11/17/1999)
(a) 
Upon the failure or refusal of any owners of lots to commence to construct any sidewalk upon which such lots may abut, and after the expiration of said 30 days as herein provided, the city may, in its discretion, proceed to construct such sidewalks in accordance with said resolution or ordinance and with said plans and specifications. The city may advertise for bids for such work or may itself construct such sidewalks or contract for said work without advertising for bids as the city may deem best. For the purpose of carrying into effect this proceeding, the city shall notify in writing the owners of lots or real estate of any kind along or abutting upon the street, streets, part of street or other public place upon which the city has ordered by resolution or ordinance a sidewalk to be constructed. Any objections that such owners may have to the estimates of the city engineer as to the cost of the said work, as hereinabove provided, or to the bid of any contractor or contractors for such work, as the case may be, must be appealed to the city commissioner within 15 working days after the date of such notice.
(b) 
Assessments for sidewalk improvements shall be made as called out in the City Charter, article VIII, section 1.
(Code 1997, § 159.196; Ordinance 99-73, adopted 11/17/1999)
(a) 
It shall be the duty of any owner to ensure that all water, gas, and sewer pipes and all light and telephone wires, and connections are properly placed before said sidewalks are constructed. After such sidewalks have been constructed it shall not be lawful for such sidewalks to be opened or taken up without a written permit having been first obtained by such owner, agent or contractor from the city.
(b) 
Any person, firm or corporation constructing any sidewalks shall, during the time such construction is going on, keep all gutters open so as not to interfere with the drainage of same and shall remove, upon the completion of said work, all building material or other accumulation of debris that may exist in and around such sidewalks.
(Code 1997, § 159.197; Ordinance 99-73, adopted 11/17/1999)
Any person, firm or corporation desiring to construct any sidewalks within the limits of the city, or ordered by resolution or ordinance to do so, shall before obtaining permit to do such work, register with the department of planning and development as provided under section 103-3, as amended.
(Code 1997, § 159.198; Ordinance 99-73, adopted 11/17/1999)