Chapter 8.10
SIDEWALK CONSTRUCTION Revised 11/21
Sections:
8.10.020 When sidewalks required. Revised 11/21
8.10.050 Foundation preparation.
8.10.060 Specifications for concrete.
8.10.080 Repair and maintenance of sidewalks and driveways. Revised 11/21
8.10.010 Compliance.
No person shall construct any sidewalk upon and along any street, road, highway or public right-of-way in the town unless the same shall be constructed according to the following requirements and specifications contained in this chapter. [Code 1983 § 18-21; Code 2000 § 172.15].
Penalty, see HMC 8.05.060.
8.10.020 When sidewalks required. Revised 11/21
(A) Whenever sidewalks have been installed along at least 80 percent of any side of any block, or whenever a parcel of property is to be used for parking or storage, regardless of the density of sidewalks on block, within the town, the town council may authorize the public works director or the public works director’s designee to request the owners of property on that side of that block to install sidewalks in conformity with construction requirements of the town. The property owners shall have 90 days from the date of the notice within which to construct said sidewalk as required by the notice.
(B) Upon authorization by the town council, the public works director or the public works director’s designee shall notify those landowners, as designated by the council, of the request to install sidewalks.
(C) Should any property owner fail to do so within that period, said person shall not be entitled to a building permit until such time as said sidewalk is installed by the owner and approved by the public works director or the public works director’s designee and the building commissioner. [Ord. 1755 § 1, 2021].
Penalty, see HMC 8.05.060.
8.10.030 Grade level.
Any person or persons desiring to construct a public sidewalk in front of their property or properties shall first obtain the grade levels from the town engineer fixing the grade at which such sidewalk shall be constructed. Upon request therefor, the town will cause the grade to be fixed by setting grade stakes along the front of the property line indicating the grade level for the sidewalk. [Code 1983 § 18-23; Code 2000 § 172.17].
Penalty, see HMC 8.05.060.
8.10.040 Width.
No sidewalk shall be constructed which has a width of less than five feet, unless a permit is given in writing by the town council for a sidewalk of less than five feet. [Code 1983 § 18-24; Code 2000 § 172.18].
Penalty, see HMC 8.05.060.
8.10.050 Foundation preparation.
The ground upon which a sidewalk is to be constructed shall be graded and neatly sloped toward the center of the street and such inward slope shall be one and one-fourth inches from outside to inside of said grade. The foundation shall be free from loam and sod. [Code 1983 § 18-25; Code 2000 § 172.19].
Penalty, see HMC 8.05.060.
8.10.060 Specifications for concrete.
(A) Sidewalks shall be constructed of concrete to a depth of not less than four inches and shall be constructed of a single course of concrete of the following ingredients:
(1) Cement, one part;
(2) Sand, two and one-half parts;
(3) Crushed stone, four parts.
(B) At any place in the sidewalk where there is provided a vehicle crossing, the depth shall be not less than five inches. One expansion point shall be provided and installed at each fourth foot of sidewalk. The sidewalk shall be constructed with a slope toward the center of the street at a grade of one and one-fourth inches for the width of the sidewalk. [Code 1983 § 18-26; Code 2000 § 172.20].
Penalty, see HMC 8.05.060.
8.10.070 Location.
A sidewalk shall be laid and constructed so that its outside edge shall be on the border line between the street and privately owned property, except where it is necessary to conform to existing walks. [Code 1983 § 18-27; Code 2000 § 172.21].
Penalty, see HMC 8.05.060.
8.10.080 Repair and maintenance of sidewalks and driveways. Revised 11/21
(A) Responsibility of Repair and Maintenance of Abutting Sidewalks and Driveways. The responsibility for the repair and maintenance of sidewalks and driveways within the town is hereby deemed to be that of abutting property owners. Property owners shall be responsible for maintaining the abutting sidewalks in a reasonably safe condition, and shall repair and maintain the abutting sidewalk at their own expense as and when needed, in the opinion of the public works director or the public works director’s designee.
(B) Notice of Order to Repair. Should a property owner fail to maintain his or her abutting sidewalk and/or driveway in a reasonably safe condition, then, in the interest of the health, safety and general welfare of the public, the town, in its sole discretion, may issue a notice or an order to repair the sidewalk and/or driveway to the responsible owner.
(C) Issuance and Service of Notice to Repair.
(1) Notice of an order to repair or improve any sidewalk and/or driveway within the town shall be issued by the public works director or the public works director’s designee. The notice shall be addressed to the common address of the property in question and also to the address of the owner of the property, if different, and shall be sent by certified mail.
(2) The property owner shall perform the requested repairs or improvements to the sidewalk and/or driveway within 30 days from the date of the notice as required by the notice, or any extended time therefrom allowed by the public works director or the public works director’s designee.
(D) Contract for Repair. In the event any property owner fails to comply with the order to repair any sidewalk or driveway within the town issued by the public works director or the public works director’s designee, the town council, in its sole discretion, may have the sidewalk or driveway constructed or repaired. In causing the sidewalk to be constructed or repaired, the town council may let a general contract for the making or repairing of all sidewalks or driveways subject to the issued order. The letting of any contract under the provisions of this section shall be governed by the laws of the state regulating contractual authority of the town council for such matters, as they may be amended from time to time.
(E) Assessments. Assessments for the construction or repair of sidewalks or driveways shall be levied and collected pursuant to the terms of IC 36-9-36 et seq., as amended from time to time. The entire cost of the sidewalk or driveway improvements or repairs shall be assessed and apportioned against each lot or parcel of property abutting on the improvement in the proportion that the improved lineal front footage of each lot or parcel of property bears to the entire length of the improvement. [Ord. 1755 § 2, 2021].