Chapter 4.40
SIDEWALKS1
Sections:
4.40.005 Authority and enforcement.
4.40.010 Definitions.
4.40.020 Repair, reconstruction, construction and maintenance of sidewalks – Responsibility of abutting property owners and occupants.
4.40.030 Application – Permits.
4.40.070 Ancillary legislation.
4.40.005 Authority and enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 30, 1-6-09. Code 2001 § 13-170.)
4.40.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or 1.05.020 in that order.
“Maintenance” means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks.
(Ord. No. 09-593, § 10, 1-6-09; Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-161.)
4.40.020 Repair, reconstruction, construction and maintenance of sidewalks – Responsibility of abutting property owners and occupants.
In the event an abutting property owner or occupant causes any damage to a sidewalk by his or her act, error or omission, including without limitation the planting of any tree or other vegetation on his or her abutting property, then the duty, burden and expense of all necessary maintenance, repair, reconstruction and/or construction of a sidewalk necessary in the city’s determination as a result of such damage, shall be the responsibility of such abutting property owner or occupant.
(Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-171.)
4.40.030 Application – Permits.
Any person who is required to perform any repair, construction or reconstruction of a sidewalk shall submit a right-of-way application to the city and obtain a right-of-way permit prior to commencing any work; provided, however, that owners and occupants of abutting property may perform all maintenance activities and remove obstructions and debris, other than sidewalk repair, construction or reconstruction, from any sidewalk without obtaining a permit; provided, further that the city and its employees, agents and representatives may perform such work without obtaining a permit. The city will not charge permit fees for any right-of-way permits issued pursuant to this chapter.
(Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-178.)
4.40.070 Ancillary legislation.
This chapter shall not be construed as repealing or amending any provision relating to the improvements of public rights-of-way by special assessments, commonly known as local improvement districts, but shall be considered as additional legislation and ancillary thereto.
(Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-185.)
Cross reference: Penalty, FWRC 7.05.090; riding bicycles on sidewalks, Chapter 8.25 FWRC.