Any application for a building permit to construct any new structures or improvements, or to substantially remodel and alter any existing structure, on real property located on any paved street, where suitable hard surface sidewalks for pedestrians are not already in place, shall include in his proposed plans the plan for constructing a curb, gutter and sidewalk extending in length the full width of the improvements, lying between the curb line of the property and the front property line thereof.
(Ord. 432 (part), 1979; Ord. 792 § 1 (part), 2005)
No building permit shall be issued by the city for the construction of or substantial remodeling of structures on any paved street, unless such plans include provisions for constructing the curbs, gutter and sidewalks, except in special circumstances in which such curb, gutter and sidewalk would be useless, are already installed, or such requirement would be unreasonable, and waiver thereof is approved by the planning commission and confirmed by the city council, by resolution setting forth the reasons for such waiver.
(Ord. 432 (part), 1979; Ord. 792 § 1 (part), 2005)
Upon issuance of such building permit the applicant shall cause to be constructed at the time the improvements covered by the permit are constructed or within a reasonable time thereafter, the curb, gutter and sidewalk, in accordance with the plans therefor and within the minimum specifications for construction of sidewalks adopted by the city, and the improvements shall not be accepted by the city, until the sidewalk is thus installed.
(Ord. 432 (part), 1979)
The cost thereof shall be at the expense of the applicant or the owner or person entitled to possession of the property, and the city shall be in no manner liable for the expense thereof, or subject to any liens for the construction or maintenance thereof.
(Ord. 432 (part), 1979)
The owner or the person, firm or corporation entitled to possession of the property abutting upon sidewalks installed at the street property line shall maintain the sidewalks and the approaches thereto in a condition reasonably safe for use by pedestrians exercising ordinary care for their own safety, and hold harmless the city from any claims, demands or suits arising out of injuries or death to persons or damage to property from defects in, or negligence in, the installation and maintenance of the sidewalks or the approaches thereto.
(Ord. 432 (part), 1979)
Unless the property owner or one entitled to possession thereof promptly repairs or removes any defect, obstruction or condition rendering any public sidewalk, dangerous, unsafe, or likely to cause injury to persons or damage to property upon the lawful use thereof, upon notice given to him by the city, the city may cause the defects or obstructions to be repaired or removed forthwith, and the cost thereof assessed against the owner of the property, and if the city is not reimbursed therefor upon demand, the city may file a lien against the property abutting upon the sidewalk and foreclose the lien in accordance with the statutory provisions for the foreclosing of a lien for unpaid municipal water charges, in addition to other remedies available at law.
(Ord. 432 (part), 1979)
All sidewalks required to be constructed under the provisions of the city ordinances shall be of portland cement concrete, and sidewalks, curbs and gutters shall otherwise conform to the current Standard Specifications for Municipal Public Works Construction, commonly known as APWA standards, except that sidewalks shall be not less than eight feet in width in commercial zones, and except that reasonable variance therefrom may be imposed or granted by the Connell Planning Commission, if special circumstances require that such new sidewalk, curb or gutter construction shall blend with or conform to existing connecting sidewalks.
(Ord. 432 (part), 1979)
Permits for the construction of such sidewalks, curbs and gutters shall be issued without charge by the city clerk, with the written approval of the city engineer or city building inspector without charge. The issuance of such permits shall not relieve the applicant from making due inquiry with respect to underground utilities such as electric power or telephone cables or water or sewer lines, and such permittee and his agents and assigns shall be liable for any damage caused to any such public utilities or other improvements caused by or in the course of installing or constructing such improvements and such permittee, his agents or assigns, shall immediately repair and replace any such damage to utilities or other improvements promptly.
(Ord. 432 (part), 1979)