[Adopted 6-7-1982 by Ord. No. 11-1982
as Art. I of Ch. 188 of the 1982 Code]
The sidewalks of all highways now or hereafter
dedicated to public use, situate within the corporate limits of the
city, shall be graded, curbed, paved and repaired and made to conform
to the requirements of this article by the owners of the respective
lots of land fronting or bounding upon such highways.
[Added 4-16-2001 by Ord. No. 7-2001]
The curbing shall be natural or artificial stone
or cement. If of stone, each straight section shall be not less than
four feet in length, 16 inches in depth and four inches in width.
The front face shall be straight and true, without warp or twist.
The ends shall be pitched off square and true in order that the stones
may be set with close joints.
A.
Sidewalks shall be constructed by excavating six inches
below the finished grade. Five inches of concrete shall then be laid,
of the following mixture: one part portland cement, three parts of
clean sharp sand and five parts of broken stone (trap, limestone or
other sound stone free from dirt and dust), which stone shall not
be greater than will pass through a one-inch ring.
B.
The cement and sand shall be thoroughly mixed and
dry until the mixture shows a uniform color. The broken stone, having
first been wet, shall then be added to the mass and turned over with
the addition of the necessary quantity of water until the broken stone
is thoroughly incorporated.
C.
The wearing or top surface shall be one inch in thickness,
applied before the concrete is set and shall be composed of one part
portland cement, one part of crushed stone or trap rock and one part
of clean sharp pit sand. The surface shall be worked perfectly smooth
and true by using a straight edge upon strips about two inches wide
by four inches deep.
The unpaved portion of the sidewalk shall be
of good gravel or broken stone screenings, or a combination thereof,
or well-kept turf.
The pitch or rise of the finished surface of
sidewalks from the curb to the property line shall be at the rate
of 3/8 inch per foot, the outer edge to be flush with the top of curb.
The finished surface of private driveways crossing any sidewalk shall
have an inclination or rise from the inner line of the street gutter
of 7 1/8 inches in five feet, with the shape of a double reverse
curve. It shall then rise to the property line at the rate of 3/8
inch per foot.
The sidewalks of all highways shall be paved
for a width of at least five feet, and at least 1/2 of the minimum
allowable width of the paving shall be laid upon each side of the
middle line of the sidewalk; provided, however, that the sidewalks
of Main Street between the southwest side of Pleasant Avenue and the
northeast side of West Jersey Avenue shall be paved for their full
widths.
The paving of sidewalks for spaces adjoining
the curbline, which spaces shall not exceed three feet in width or
diameter, shall not be required. Such space shall be reserved for
no other purpose than that of planting shade trees.
If any sidewalk is not graded, curbed, paved
or repaired according to the provisions of this article, the City
Engineer shall cause notice of such contemplated improvement to be
given to the owner of any lands thereby affected. Such notice shall
state that the owner of property abutting upon such sidewalk is required
to grade, curb, pave or repair such sidewalk to conform to the provisions
of this article within 30 days from the date of service of or advertising
of said notice.
In case of the neglect or refusal of any such
owner, after giving of such notice as is provided by this article,
to grade, curb, pave and repair the sidewalk of the public highway
in front of or adjoining his lot or lots of land, such sidewalk shall
be graded, curbed, paved and repaired by the city, under the direction
and supervision of the Streets and Roads Committee and the City Engineer,
so as to conform to the requirements of this article.
If the owner of any lot shall refuse or fail to comply with the notice required by § 255-8 of this article within the time prescribed, Council shall cause such improvement to be made. The City Engineer shall, upon the direction of the Council, prepare specifications for the work to be done and materials to be furnished for such improvement, and Council shall by advertisement secure bids for effecting such improvement; provided, however, that such bids shall be received by the Council in open session and any and all such bids may be rejected. The contract, when awarded, shall be awarded by the Council to the lowest responsible bidder.
The cost of such construction and repair of
sidewalks shall be paid for out of moneys to be obtained by issuing
temporary notes of the city to finance local improvements for the
purpose of such construction and repair.
The City Engineer shall certify to the Council
the cost of so constructing and repairing the sidewalk in front of
each lot or parcel of land, designating such lot or parcel by number
as the same appears upon the City Map,[1] with the name of the owner as nearly as the same may be
ascertained.
[1]
Editor's Note: A copy of the City Map is on
file in the office of the City Clerk.
A.
The cost of such grading, curbing, paving and repairing
shall be assessed by resolution of the Council upon the lot or lots
of land in front of which such sidewalks have been so constructed,
improved and repaired, which resolution shall state the name of the
owner of each lot as nearly as may be ascertained, the number of the
lots as shown upon the City Map and the amount assessed thereon. Such
assessments shall, from the date of the passage of such resolutions,
become due and payable and shall be and remain a first lien upon the
lots upon which they are laid until paid and shall bear interest at
the rate of 6% per annum from and after the expiration of 30 days
from the date of such certification.
B.
It shall be the duty of the City Clerk forthwith to
deliver a certified copy of the aforesaid resolution to the Collector
of Taxes, who shall at once enter the same in a book to be provided
for that purpose to be labeled "Sidewalk Assessments."[1]
[1]
Editor's Note: A copy of the book labeled
"Sidewalk Assessments" is on file in the office of the City Tax Collector.
C.
It shall also be the duty of the Tax Collector to
whom such assessments have been returned forthwith to cause a notice
of the assessment and the amount thereof to be given to each person
assessed, either personally or by mail, postage prepaid, directed
to the person assessed, at his last known post office address.
The amount of each assessment, when collected, shall be appropriated for the payment of the temporary loans provided for in § 255-11 of this article and shall be kept separate from the other funds of the city and shall be devoted exclusively to the redemption of such temporary notes.