Chapter 2-4

SIDEWALKS, CURBS, GUTTERS

Sections:
2-4-1      Permit Required:
2-4-2      Plans to be Approved:
2-4-3      Sidewalk, Curb & Gutter Construction:
2-4-4      Sidewalk Reconstruction & Repair:
2-4-5      Penalties:

Section 2-4-1            Permit Required:

It shall be unlawful for any person to hereafter install, construct, or lay, or cause to be installed, constructed or laid, any sidewalk or sidewalks, curb or gutter within the street lines of the City without first obtaining a permit authorizing the same from the City Council of the City, to be issued by its authorized agent; and it shall also be unlawful for any person to construct, install or lay any sidewalk, curb or gutter for any other person until such person shall have first obtained a permit permitting the same from the City Council, as provided in this Chapter. (Ord. 428, 3-9-1993)

Section 2-4-2            Plans to be Approved:

Any sidewalk, curb or gutter hereafter constructed within the street lines of the City by any person shall be constructed in strict compliance with specifications and plans and upon grades and lines to be approved by the City Council or its duly authorized engineer. (Ord. 428, 3-9-1993) 

Section 2-4-3            Sidewalk, Curb & Gutter Construction:

Sidewalks, curbs and gutters shall be required on all vacant lots or parcels of land which are hereafter  developed; or developed lots or parcels of land involving a change in building occupancy and use of land; or upon which any building expansion or new construction shall take place involving the addition of gross floor area greater than four hundred (400) square feet; or when a change of use results in a measurable increase in pedestrian or vehicular traffic. However, that upon application by a property owner or a contractor duly authorized to represent said property owner and for cause shown, the Planning Commission may make the determination, that the requirement be waived for the installation of the above described improvements.  Any application to waive the requirement to install sidewalk, curb or gutter construction shall include a filing fee paid to the City in an amount established by Resolution of the City Council and stated in the Appendix to the City Code. (Res. 31-00, 12-12-00)

Any decision of the Planning Commission may be appealed by the applicant to the City Council. A written appeal shall be filed with the City Clerk within ten (10) days of the ruling of the Planning Commission.

In cases where, based upon facts presented to the City Engineer's office, the City Engineer determines that it is impractical to install sidewalk, curb or gutter improvements because of drainage, topography, isolation or similar circumstance, the City Engineer, or duly authorized representative, may grant a temporary waiver, provided a deferral agreement for required improvements is executed between the applicant and the City. (Ord. 521, 12-8-1998) (Res. 31-00, Amended, 12/13/2000; Ord. 550, Amended, 11/29/2000, effective 12-1-00)

Section 2-4-4            Sidewalk Reconstruction & Repair:

(A)        It shall be the duty of all property owners in the City to keep in good condition and repair all sidewalks within the streets lines of the City that lie along their respective holdings.

(B)        Except as otherwise provided in this Code, all sections of the City sidewalks shall be of concrete cement with a minimum of four inches (4") depth and a minimum of four feet (4') in width. Wherever any sidewalk has been constructed under the authority of any former ordinance in any manner other than in accordance with the existing lines and grades, sidewalks for the remaining properties in the same block shall be so constructed that uniformity of line and grade may be maintained.

(C)        Upon report by the City Engineer that certain sidewalks in the City are in need of repair or reconstruction, the City Council, may by resolution determine that certain sidewalks should be repaired and reconstructed in the City and direct the City Engineer to notify the owners of record of the abutting property that such sidewalk shall be repaired.

(D)        Any sidewalk ordered repaired or reconstructed by the City Council shall be repaired or reconstructed by the owners of the property which abut upon the sidewalk. The property owner shall be given a time certain in which to complete said reconstruction and repair, not to exceed sixty (60) days.

(E)       Failure of the owner to complete the sidewalk improvements as required within the time limits designated shall be considered an infraction of this Code and upon conviction of such infraction the Municipal Court may impose any injunctive relief or fine of a civil nature as may be allowed by this Code or laws of the State. (Ord. 428, 3-9-1993)

Section 2-4-5            Penalties:

Any person violating any of the provisions of this Chapter, shall, upon conviction be punished as provided in Title 1, Chapter 3 of this Code. Each day's violation of the provisions of this Chapter may be deemed a separate offense.  (Ord. 314, 8-11-1981)