[HISTORY: Adopted by the City Council of the City of Fairfax 7-5-1994. Amendments noted where applicable.]
The City Council declares that the retention, repair and replacement of existing sidewalks within the City of Fairfax is in the public interest and that as far as possible the existing sidewalk system should be maintained, repaired and replaced, except in such circumstances where the Council determines it is unnecessary, unfair, or not in the public interest to continue the sidewalk system. The City Council shall review and consider all areas of the City that are not presently served by the sidewalk system. The City Council shall determine whether or not a sidewalk system would be appropriate under the circumstances in any such area. To the degree the City Council determines sidewalks to be appropriate the Council shall have in its discretion the right to determine whether sidewalks should not be appropriate and exercise of such discretion shall not prevent the Council from enforcing any provisions of Chapter 204, Art. IV, of this Code requiring the repair, replacement or maintenance of sidewalks in other areas of the City. As new subdivisions and areas of the City are developed, the City Council shall review as part of the platting process such areas and determine whether or not the installation of sidewalks are appropriate, and shall require or waive the installation of sidewalks in each area on a case by case basis.
The Mayor shall appoint two Council members as Sidewalk Commissioners annually at the January meeting. The Commissioners are directed to forthwith make an inventory of all of the existing sidewalks within the City of Fairfax and as soon as possible thereafter report to the City Council their findings with particular reference to the following:
Upon receipt of the report from Sidewalk Commissioners, the City Council shall review such report and cause appropriate maps thereof to be prepared.
The sidewalk inspection report shall be filed with the City Clerk-Treasurer and be open to public inspection and shall be presented to the City Council on or before May 1 of each year for appropriate action.
Upon final approval, the City Council shall set a date for a public hearing thereon and shall publish notice of the hearing for one week in the official newspaper and make notice by certified mail to each property owner. Publication and service of said notice shall be made at least two weeks prior to date of the hearing.
The City Council shall take bids and approve contract for Sidewalk Construction Program.
The cost of all sidewalk repair made under the provisions of this chapter shall be shared in the following manner:
All sidewalk repairs abutting upon residential, commercial, or industrial property shall be paid 1/2 by the City and the owner of the property abutting thereon shall pay the remaining 1/2 of the cost.
The cost assessed against each of said owners shall be required to be fully paid within 30 days after the date of the mailing of notice setting forth his or her share of the cost. If any owner fails to make full payment within said time, the Council may spread the charges so unpaid against the real property of such owner as a special assessment for collection along with current real estate taxes. At the time of certification the City Council shall direct that said special assessment shall be payable in a single installment or the Council may require that it be paid in up to five equal annual installments at 0% interest.
In cases where the property owner desires to perform their own installation of the sidewalk, upon presentation of the bill, the City will pay for 50% of the concrete cost. No reimbursement for labor will be allowed.
Sidewalk and driveways shall be measured by surface area in square feet.
Boulevards. Boulevards shall be a width of five feet except in cases when it is determined by the Council that it is not feasible due to trees, fire hydrants, or structures in the area.
Sidewalks. Work shall be performed in accordance with Chapter 204, Art. IV, of this Code and Section No. 2521, Walks, Minnesota Department of Transportation, Standard Specifications for Construction, 1988 Edition, as amended. In residential areas the width of the sidewalk shall be five feet wide and four inches thick, except in cases where the replacement of sidewalk is between two sections that are a different width than five feet. The slope of the sidewalk shall be 1/4 inch per foot to the street side. The width of sidewalks in the commercial areas shall be determined by existing sidewalks.
Pedestrian curb ramps for the handicapped shall comply with State of Minnesota Department of Transportation specification No. 2521-31.
The policy for electric distribution underground and sidewalk projects to landscape as follows: If the area is less than 18 inches wide it will be raked/seed and over 18 inches wide will have sod put down. Homeowners will assume responsibility for watering.