ARTICLE 1. SIDEWALKS
13-101. PERMIT REQUIRED.
It shall be unlawful for any person to construct or reconstruct any public sidewalk in the city by the authority granted herein without first obtaining a permit from the governing body. (Ord. 2002-03)
13-102. PLANS AND SPECIFICATIONS ADOPTED BY REFERENCE.
All sidewalks within the city shall be constructed, repaired, and reconstructed according to the plans and specifications adopted by the governing body of the city. Such plans and specifications shall be kept on file in the city clerk’s office and available to the officers of the city and the public at all reasonable business hours. (Ord. 2002-03)
13-103. WIDTHS GENERALLY.
All sidewalks in the city shall extend from the building line to back of curb line in the business section and four feet in width in the residential section of the city, except as provided in section 13-106; provided, where the governing body shall deem it necessary or advisable, it may order a greater or lesser width as the case may be. (Ord. 2002-03)
13-104. LOCATION IN STREETS.
All sidewalks in the city shall be located in the streets with the inside edge one foot from the property line; provided, in the business district the walk may be against the property line, or as may be ordered by the governing body. (Ord. 2002-03)
13-105. GRADES.
Where a grade has been established for a street, the grade for the sidewalk shall be established either in the same manner as the grade for the street was established or by reference to a stated distance above or below the street grade. Where no street grade has been established, the natural grade may be used; provided, when any abutting owner desires to construct or reconstruct a sidewalk at his or her own expense as provided in section 13-110, he or she shall notify the mayor or city building inspector of his or her intention to do so before commencing the work. (Ord. 2002-03)
13-106. ALTERNATE REQUIREMENTS IN RESIDENTIAL AREAS.
In addition to other methods of constructing sidewalks, sidewalks may be constructed in residential areas from the back of the curb line inward. The sidewalks shall be five feet in width and must extend the full length of a city block. No sidewalk shall be constructed hereunder when driveways or driveway approaches would interrupt the established grade of the sidewalk. (Ord. 2002-03)
13-107. PETITION BY OWNERS.
When a petition signed by not less than 10 citizens owning real estate in any ward of the city, paying for the construction of a sidewalk in such ward is filed by the city clerk, the governing body may in its discretion, with a resolution, order such sidewalk constructed as herein provided. (Ord. 2002-03)
13-108. CONDEMNATION AND RECONSTRUCTION.
When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned. (Ord. 2002-03)
13-109. NOTICE TO CONSTRUCT; PERFORMANCE BY CITY.
The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done. (Ord. 2002-03)
13-110. VOLUNTARY CONSTRUCTION AT OWNER’S EXPENSE.
Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meets such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition by property owners of the ward, or a condemning resolution adopted by the governing body; provided, if such property owner desires the sidewalk to be constructed or reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the city clerk, and the governing body in its discretion may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body. (Ord. 2002-03)
13-111. REPAIRS.
It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city, may, after giving five days’ notice to the owner or his or her agent, if known, of the necessity for making repairs, and without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so required as it may be provided by law. (Ord. 2002-03)
13-112. BONDS.
In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in this article, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city, or laws of the state, and for all contract exceeding $10,000 entered into by the city for any such purpose a public works bond, required by K.S.A. 60-1111, shall be furnished. (Ord. 2002-03)
13-113. SNOW AND ICE REMOVAL, OWNER’S DUTY.
It shall be the duty of the owner or of the occupant of any lot used for a commercial purpose or enterprise abutting upon any sidewalk in the city to cause to be removed therefrom all snow and ice within a reasonable time from the time the snow shall have fallen or ice shall have accumulated. (Ord. 2002-03)
13-114. SAME PERFORMANCE BY CITY.
If any owner or occupant of any lot subject to section 13-113 shall refuse or neglect to remove all snow and ice within a reasonable time as specified above from the sidewalks abutting the lot, the mayor or city building inspector may cause such snow or ice to be removed from the sidewalks and the costs thereof shall be assessed against such abutting lot and the cost shall be collected in the same manner as required for the collection of other special assessments as authorized by law. (Ord. 2002-03)
13-115. EARTH WASHING.
Whenever any lot or piece of land abutting on any sidewalk in the city shall become or remain in such a condition that earth or other substance therefrom shall accumulate on such sidewalk and the owner of such lot or piece of ground shall refuse or neglect to place the same in such a condition as to prevent such washing to accumulate on any such sidewalk, the owner shall upon conviction thereof for such refusal or neglect be punished as provided in the applicable city code; provided, each day the owner shall refuse or neglect to abate the condition after notice from the mayor or city building inspector to abate the same shall constitute a separate offense. (Ord. 2002-03)
13-116. DAMAGING SIDEWALKS.
It shall be unlawful for any person willfully to loosen or remove or otherwise damage any concrete, brick, block or support, the same being part of any sidewalk or cross walk or any curbing or gutter within the city; provided, this section shall not apply to persons making repairs or otherwise improving any such sidewalk, gutter, curb or crosswalk or any person temporarily removing the same by consent of the mayor or city building inspector on account of building operations as authorized by the city. (Ord. 2002-03)
13-117. OBSTRUCTING SIDEWALKS; PERMITS.
It shall be unlawful for any person to place, store, leave or allow to be left any implements, tools, boxes, merchandise, goods of any kind, trash, cans, crates, corn popper, peanut roaster, or advertising or showcase on any of the sidewalks or other public ways of the city longer than is necessary for loading or unloading the same; provided, the governing body may grant temporary permission for limited times only as may be deemed advisable for the use of the sidewalks of the city or any such purposes when the public safety shall not be endangered thereby. (Ord. 2002-03)
13-118. MAINTENANCE OF EVEN SIDEWALK SURFACE.
It shall be unlawful for any property abutting a sidewalk to cause any concrete, brick or stone segment thereof to raise or be raised above the established level of the sidewalk more than one-half inch or in any manner liable to cause injury to anyone using the sidewalk. (Ord. 2002-03)
13-119. VIOLATIONS.
If any property owner, contractor or other person constructs any sidewalk in violation of this article, he or she shall upon conviction therefor be punished as provided in the applicable sections of the city code; provided, the sidewalk may be condemned by the governing body and torn out and replaced and in the case of a contractor no payment shall be due or made for such improperly constructed sidewalk; and provided further, if the governing body believes the sidewalk as constructed is as good as a sidewalk meeting the required specifications of the city for such work, it may accept the sidewalk as constructed, and the same shall be deemed to relieve the property owner, persons, or contractor of the penalty herein imposed. (Ord. 2002-03)
13-120. REMOVAL, CRITERIA AND PROCEDURE.
(a) No sidewalk within the city shall be removed by any person or entity, except pursuant to other provisions under this article concerning repair, replacement or reconstruction, without first having received an order from the board of city commissioners, allowing such removal, in conformance with the procedure established herein. Any person or entity removing any sidewalk except as permitted herein shall be in violation of this section and upon a conviction thereof shall be punished as provided in the applicable sections as provided in the city code, and further shall be required to replace any such sidewalk removed in violation hereof, in accordance with the specifications established in this article.
(b) Whenever any person or entity wishes to remove, or cause to be removed, any sidewalk within the city, he she, or it shall first file an application for removal of sidewalks, on forms provided by the city for such purpose. Such application shall contain such information as reasonably required by the city commissioners to aid them in their determination. Such application shall be filed with the city clerk.
(c) Upon filing the application with the city clerk, he or she shall cause to be published once in the official city newspaper, a notice of the hearing on said application before the board of commissioners. Such notice shall be published not less than seven days prior to such hearing. In addition to such newspaper notice, the city clerk shall send notice of such hearing by regular mail to all property owners within 200 feet of the sidewalk. Such notice shall be by regular mail, and failure to receive any such notice shall not be sufficient to invalidate any action taken by the board of commissioners.
(d) Upon the date set for hearing on such application, the applicant may appear and provide the reasons the applicant wishes to remove the sidewalk. All other interested parties shall also be given the opportunity to be heard on the matter. Within 30 days after completion of such hearing, the board of commissioners shall issue a written order granting or denying such application and the reasons therefore. Factors to be considered by the board of commissioners in making such determination shall include, among others:
(1) usage or non-usage;
(2) continuity of sidewalk;
(3) availability of alternate sidewalks;
(4) public opinion;
(5) cost of maintenance.
(Ord. 2002-03)