Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES >> Chapter 12.04 - SIDEWALK CONSTRUCTION, MAINTENANCE AND REPAIR >>

Chapter 12.04 - SIDEWALK CONSTRUCTION, MAINTENANCE AND REPAIR

Sections:

12.04.010 - Definitions.

12.04.020 - Responsibility for sidewalk maintenance.

12.04.030 - Burden and expense borne by abutting property.

12.04.040 - Notice to repair or construct sidewalk.

12.04.050 - Contents of notice.

12.04.060 - Service of notice.

12.04.070 - Report of noncompliance.

12.04.080 - Hearing.

12.04.090 - Assessments constitute lien.

12.04.100 - Chapter to be considered additional legislation.


12.04.010 - Definitions.

Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section:

"Abutting property" means and includes all property having a frontage upon the margin of any street or other public place.

"Sidewalks" means and includes any structure or form of street improvement in the space between the street margin and the roadway known as the sidewalk area.

(Ord. 223 § 1, 1970)

12.04.020 - Responsibility for sidewalk maintenance.

It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain said sidewalk at all times in a safe condition free of any and all obstructions or defects including, but not limited to, ice and snow.

(Ord. 223 § 2, 1970)

12.04.030 - Burden and expense borne by abutting property.

The burden and expense of constructing, maintaining and repairing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. In case any injury or damage to any person shall be caused by the defective condition of any sidewalk or by ice or snow thereon or by the lack of proper guards or railings on or along the property abutting on any public way, the abutting property where the injury or damage occurs, and the owner or owners thereof, shall be liable to the town for all damage, injuries, costs and disbursements which it may be required to pay to the person injured or damaged.

(Ord. 223 § 3, 1970)

12.04.040 - Notice to repair or construct sidewalk.

A.   If, in the judgment of the town engineer, public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street, he or she shall report the fact to the town council in writing immediately.
B.   If upon receiving a report from the town engineer the town council deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public it shall, by an appropriate resolution, order such construction or repair and shall cause a written notice to be served upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is to be constructed or repaired requiring him or her to construct or repair the sidewalk in accordance with the resolution.

(Ord. 223 §§ 4, 5, 1970)

12.04.050 - Contents of notice.

The resolution and notice and order to construct or repair a sidewalk shall:

A.   Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed or repaired;
B.   Specify the kind of sidewalk required, its size and dimensions, the method and material to be used in the construction or repair;
C.   Contain an estimate of the cost thereof; and
D.   State that unless the sidewalk is constructed or repaired in compliance with the notice and within a reasonable time therein specified, the city will construct or repair said sidewalk and assess the cost and expenses thereof against the abutting property described in the notice.

(Ord. 223 § 6, 1970)

12.04.060 - Service of notice.

The notice shall be served:

A.   By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners; or
B.   By leaving a copy thereof at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein; or
C.   If the owner is a nonresident of the city and his or her place of residence is known, by mailing a copy to the owner addressed to his or her last known place of residence; or
D.   If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in two weekly issues of the official newspaper of the town. Such notice shall specify a reasonable time within which said sidewalk shall be constructed or repaired which, in the case of publication of the notice, shall be not less than sixty (60) days from the date of first publication of such notice.

(Ord. 223 § 7, 1970)

12.04.070 - Report of noncompliance.

If the notice and order to construct or repair a sidewalk is not complied with within the time therein specified, the town engineer shall proceed to construct or repair said sidewalk forthwith and shall report to the town council at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner thereof, if known, and apportion the cost of said improvement to be assessed against each parcel of such land.

(Ord. 223 § 8, 1970)

12.04.080 - Hearing.

Thereupon the town council shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of said hearing to be published for two successive weeks in the official newspaper of the town, the date of said hearing to be not less than thirty (30) days from the date of the first publication of said notice. At the hearing or at any adjournment thereof, the town council by ordinance shall assess the cost of constructing or repairing said sidewalk against the abutting property in accordance with the benefits thereof.

(Ord. 223 § 9, 1970)

12.04.090 - Assessments constitute lien.

The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of said assessment thereon.

(Ord. 223 § 10, 1970)

12.04.100 - Chapter to be considered additional legislation.

This chapter shall not be construed as repealing or amending any provision relating to the improvement of streets or public ways by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and ancillary thereto.

(Ord. 223 § 11, 1970)