ARTICLE III. SIDEWALKS, CURBS AND DRIVEWAYS

DIVISION 1. GENERALLY

102-91 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Corner means the point of intersection of the lines of two streets or faces of curbs extended into the street until they intersect.

Curb return or radii means that part or portion of a curb and/or curb and gutter constructed around a corner which includes the radius of curvature to the end of radius or to the point where same becomes tangent.

Curbline or curb gutter line means the face or line of curb and/or curb and gutter line constructed in any street farthest from the outermost edge of the street right-of-way; or where no curb and/or curb and gutter exist, a line in a public street right-of-way farthest from the outermost edge of the street right-of-way where curb and/or curb and gutter would be located as determined by the city engineer.

Driveway approach means an area, construction or facility between the roadway or curb of any public street and private property intended to provide access or egress and ingress for vehicles from the roadway or curbing of a public street to private property.

Outside sidewalk line means a line parallel to the property line lying along the edge of the sidewalk nearest the curb or street roadway; or where no sidewalk exists, a line in the street right-of-way parallel to and six feet from the outermost edge of the street right-of-way.

Parcel of land means a lot or lots or a tract of land officially shown by the city assessor’s records to be in one ownership.

Sidewalk means any sidewalk, crosswalk or driveway adjoining any public street or alley and abutting or adjoining any private property, except that on all sidewalks there shall be a space of one foot between the outermost edge of the street right-of-way and the sidewalk maintained at all times.

(Code 1985, § 23-36)

Cross referenceDefinitions generally, § 1-2.

102-92 Compliance with article.

Whenever the council shall determine by ordinance or resolution that any sidewalk on any of the streets and alleys of the city shall be built, rebuilt or repaired, they shall be built, rebuilt or repaired in the manner set forth in this article.

(Code 1985, § 23-37)

102-93 Variances permitted; conditions.

The city engineer is authorized to grant in writing variances from the strict application of the provisions of this article, provided he first determines that the following conditions are present:

(1)    The exception or variance desired arises from a peculiar condition not ordinarily existing or due to the nature or operation of the business.

(2)    The exception or variance desired is not against the public interest, particularly safety, convenience or general welfare.

(3)    The granting of a permit for an exception or variance will not adversely affect the rights of an adjacent property owner or tenants.

(4)    The strict application of the terms of this article will work an unnecessary hardship on the property owner or tenant concerned.

(Code 1985, § 23-38)

102-94—102-105 Reserved.

DIVISION 2. DRIVEWAY APPROACHES

102-106 Applicability.

This division shall be supplemental to other parts of this article and other sections of this Code regulating the use of public streets.

(Code 1985, § 23-39)

102-107 Permit required.

No person shall widen, construct, alter or extend any driveway between the sidewalk and curb without first obtaining a permit and making deposit, if required, for such work at the office of the city engineer on prescribed forms and only after plans submitted for such work have been approved for size, location, etc., and such work has been approved by the city engineer.

(Code 1985, § 23-40)

102-108 Revocation of permit.

All permits granted for the use of public streets under the terms of this division shall be revocable at the will of the council.

(Code 1985, § 23-41)

102-109 Alteration of curbs by individuals prohibited.

The alteration of curbs and gutter by private individuals is prohibited. Such work shall be assigned to the department of public works and services. A uniform charge shall be determined by the city engineer and a record of such placed on file in the mayor’s office.

(Code 1985, § 23-42)

102-110 Construction of curbs by individual where no curb exists.

Where no curb and/or curb and gutter has previously been constructed or is being constructed, permits shall not be issued to construct driveway approaches. Any owner constructing such driveway approach does so at his own risk that it will fit properly when curb and/or curb and gutter is constructed, and shall repair or alter the driveway approach at his own expense when curb and/or curb and gutter is constructed to grades established by the city engineer.

(Code 1985, § 23-43)

102-111 Location.

(a)    No portion of a driveway approach shall be constructed, except the curb return, within four feet of the intersection of the inside of the property side of the sidewalk, nearer than four feet of the end of any street curb return or radii, or closer than three feet to any property line extended. Where more than one driveway approach serves a single parcel of land or street frontage, there shall be at least 20 feet between the nearest edges of approaches as measured along the face of the curb.

(b)    No driveway approach shall interfere with municipal or utility facilities such as street lighting poles, utility poles, traffic signal stands, street sign poles, catchbasins, fire hydrants, crosswalks, bus loading zones, underground pipes or ducts, trees, or other necessary street structures. No driveway approach shall be constructed nearer than four feet to any of the abovementioned street structures. The removal of such street structures may be permitted by the city engineer but at the sole expense of the property owner concerned.

(Code 1985, § 23-44)

102-112 Width.

(a)    No driveway approach for business purposes shall exceed 40 feet as measured along the face of curb, or exceed 25 feet as measured along the outside sidewalk line, except that, in exceptional cases due to street corners where streets intersect at acute or obtuse angles, the city engineer may permit some variation of the maximum widths, as provided by section 102-93

(b)    No driveway approach for residential purposes shall exceed 20 feet as measured along the face of curb and ten feet as measured along the outside sidewalk line. No more than two driveway approaches shall be allowed to one parcel of ownership of land, nor shall more than two driveway approaches be allowed for one street frontage unless such frontage exceeds 200 feet. The sides, edges or curbs of driveway approaches shall be at right angles to the street curb or curbline. Curbs on each side of the driveway shall have a perpendicular face varying in height from zero inches at the outside walk line to the height of existing or future curb at curbline.

(Code 1985, § 23-45)

102-113 Construction specifications.

(a)    Driveway approaches between the curbline and walks shall be constructed of concrete not less than four inches thick for residential driveways and not less than six inches thick for commercial or manufacturing driveways, or may be constructed of two-inch hot mix asphaltic concrete laid over a six-inch compacted gravel base. One-half-inch premolded expansion joints shall be laid between the edge of the paving, the back of gutter or curb and the outside sidewalk line and driveway approach.

(b)    Where existing curb and/or curb and gutter are constructed and it is necessary to remove such curb and/or curb and gutter for a driveway approach, the entire curb and/or curb and gutter shall first be removed, and replaced first to the level of the top of the driveway approach before the balance of the approach is poured. Where no sidewalk exists, the sidewalk shall first be laid before the balance of the driveway approach is constructed.

(c)    In the case of unpaved or unimproved streets or paved streets without curbs and/or curb and gutter, driveway approaches shall not interfere with ditch or gutter drainage. The driveway approaches may be constructed provided a culvert not less than ten inches in inside diameter and not less than 16 feet in length is placed in the ditch or gutter at proper grade before the balance of the driveway approach is constructed, which may be gravel surface construction at least six inches compacted thickness.

(d)    The construction of any driveway approach or sidewalk in connection therewith shall meet with all the requirements and current specifications of the city.

(Code 1985, § 23-46)

102-114 Approval required.

Any plans submitted to the administrator of the building and safety engineering division for approval which include or involve driveway approaches shall be referred to the city engineer for his approval before a building permit is issued.

(Code 1985, § 23-47)

102-115 Driveway curbing for vacant lots; methods of construction of curb cuts.

(a)    When constructing curb and/or curb and gutter on a public street, driveway openings in the curb shall not be left in front of vacant parcels or lots except on the written request of the property owner. The property owner making the written request shall state the purpose or reason for curb openings and shall assume complete responsibility that the requested curb opening for a driveway approach will be properly located for future use when the property is developed. Such written request shall be filed with the city engineer. In a case where driveway curb openings or driveway approaches have been previously constructed and an owner desires to abandon, relocate, change, enlarge or decrease such curb openings or driveway approaches, the relocation, change or abandonment shall be approved by the city engineer. All costs necessary to restore driveway approaches to conformity with existing curb and sidewalk shall be assumed by the property owner, and he shall be billed at a uniform rate for restoration of curb and/or curb and gutter.

(b)    The method of constructing a curb cut shall be established by the city engineer and placed on file in the mayor’s office. The methods to be used shall conform with the best standard practices in general use at the time of the construction.

(Code 1985, § 23-48)

102-116—102-125 Reserved.

DIVISION 3. SIDEWALK CONSTRUCTION

102-126 Responsibility for sidewalk construction, repair and maintenance.

All sidewalks and driveway approaches between the lot line and the street curb or edge of road, except crosswalks at intersections, shall be kept and maintained in good repair by the abutting property owner and shall comply with all requirements set forth in this article. If any owner shall neglect to keep and maintain the sidewalk along the front, rear or side of the land owned by him in good repair and safe for the use of the public, the owner shall be liable to the city for any damages recovered against the city sustained by any person by reason of such sidewalk being unsafe and out of repair.

(Code 1985, § 23-49)

102-127 Notice; duty to repair; account of city expenses; levy.

(a)    Whenever for any reason any sidewalk or driveway approach shall become out of repair and in such condition as to be a menace to the safety of the public, the director of public works and services shall be authorized to cause to be served upon the owner, agent or occupant of such private property a notice informing such person of the necessity of repair.

(b)    It shall be the duty of every owner, agent or occupant of any lot or parcel of land, within 20 days after the date on the notice under this section, to build, rebuild or repair such sidewalk or driveway approach in accordance with the ordinances of the city and the specifications for building, rebuilding and repairing sidewalks furnished by the director of public works and services. If the owner, agent or occupant shall neglect or refuse to build, rebuild or repair such sidewalk within the time specified in such notice, the director of public works and services may cause all such improvements as set forth in such notice to be performed as soon as practical, the cost and expense of which shall be paid by the owner, agent or occupant of the premises in front of or adjacent to which such sidewalk or driveway approach is located.

(c)    The director of public works and utilities shall keep an accurate account of all items of expense incurred by the city in carrying out the provisions of this section. In the event of the nonpayment by such owner or occupant of all such costs and expenses within a period of 30 days, the amount of the costs may be recovered by the city in a suit brought for such purposes in any court of competent jurisdiction, or may be assessed against such lots or premises as set forth in subsection (e) of this section.

(d)    The director of public works and services shall forward the accurate account referenced in subsection (c) to city council for their review and determination as referenced in subsection (e) of this section.

(e)    The council shall determine what amount of the expense or part thereof shall be charged against each of such persons receiving notice under this section and upon each of the several lots and premises benefited thereby. The council shall require the clerk to report the expense to the city assessor to be levied as a single lot assessment against such premises as provided in sections 98-22 and 98-23 of this Code or create a special assessment district under section 102-135, as may be appropriate.

(Code 1985, § 23-51; Ord. No. 2159, § 1, 5-8-03)

102-128 Permit required; fee; exception.

(a)    No sidewalk shall be built, rebuilt or repaired in the city without a permit being first obtained from the director of public works and services. All sidewalks must be built, rebuilt or repaired in accordance with the specifications therefor to be furnished by the director.

(b)    The director of public works and services upon written application shall be authorized to issue sidewalk permits on a form to be prescribed by the council and to charge a fee therefor for each 100 square feet of sidewalk, or fraction thereof, specified in the application. The amount of the fee shall be determined and established from time to time by resolution of the city council. The fee shall cover the cost of issuing such permit, the engineer’s stakes and cost of inspection.

(c)    The permit required by this section shall be returned to the director of public works and services within 30 days from the date thereof, with a statement on the permit by the builder of the number of linear feet of sidewalk constructed under the permit and the location of the sidewalk.

(d)    For isolated sidewalk improvement of 50 square feet or less, no permit shall be required.

(Code 1985, §§ 23-50, 23-52)

102-129 Licensed sidewalk builder required; exception.

(a)    No sidewalk shall be constructed, built, rebuilt or repaired in the city except by a licensed sidewalk builder, except as provided in this section.

(b)    The director of public works and services is authorized to grant a permit to any property owner to construct a sidewalk in front of or adjacent to any real estate owned by him, conditioned that such owner is skilled and competent to construct the sidewalk in the manner provided in section 102-128.

(Code 1985, § 23-53)

102-130 Sidewalk builder—License application; fee; term.

(a)    Any person desiring to engage in the business of building, rebuilding or repairing sidewalks shall make written application for a license to the council. The application shall contain the full name, age and place of residence of such person, and expressing his willingness to be governed in all respects by all rules, regulations or specifications which have been or may be adopted by the director of public works and services for the building, rebuilding or repair of sidewalks.

(b)    If the application required by this section is approved by the council, the applicant, upon payment of a license fee as established from time to time by resolution of the council and filing of a bond with the administrator of the building and safety engineering division, shall be entitled to receive a sidewalk builder’s license.

(c)    No license under this section shall be granted for more than one year. All such licenses shall expire on December 31 of each year.

(Code 1985, § 23-54)

102-131 Same—Bond; amount; conditions; recovery.

(a)    Required; amount. All sidewalk builders shall file with the administrator of the building and safety engineering division a surety bond made out to the city in the amount of $1,000.00, to be approved by the city attorney.

(b)    Conditions. The bond for sidewalk builders shall be conditioned:

(1)    Upon the faithful observance of the provisions of all ordinances in effect at the date thereof concerning the building, rebuilding, or repair of sidewalks; and

(2)    That the principal executing the bond shall construct all sidewalks of good material and workmanship in strict accordance with all specifications and regulations prescribed by the director of public works and services for the construction of sidewalks and shall keep all of such sidewalks so constructed in a good condition of repair and fit for public travel for a period of two years after the date of the completion of construction of the sidewalks.

(c)    Recovery on bond. The sidewalk builders’ bond may be prosecuted and recovery had thereon by the city or by any person who shall have suffered any injury or damage by reason of the inferior quality of materials or improper construction or poor workmanship of any such sidewalk or for any injury or damage suffered on account of any such sidewalk becoming out of repair within the period covered by such bond. All such suits may be brought in the name of the city by any such person for his use and benefit; provided, that the city shall not be liable for any costs occasioned by any such suit.

(Code 1985, §§ 23-55, 23-56)

102-132 Concrete required; exceptions.

(a)    All sidewalks shall be constructed of Portland cement concrete prepared and laid in accordance with plans, specifications, regulations and requirements prescribed by the city engineer.

(b)    Hot mixed asphaltic concrete not less than two inches in thickness, well rolled or tamped in place and laid on a prepared, well drained and compacted gravel base not less than six inches in thickness when compacted, may be used for paving the area between principal sidewalk and curb. Hot mixed, well tamped or rolled asphaltic concrete not less than one inch thick may also be used as a resurfacing course over worn brick or concrete driveway approaches. In no instance shall asphaltic concrete or any other like material be permitted to be used for the construction, repair or patching of the principal sidewalk. All of the above materials shall meet with the latest plans, specifications, standards and requirements prescribed by the city engineer.

(Code 1985, § 23-57)

102-133 Suspension or revocation of license or permit.

(a)    The council may, of its own initiative, revoke or suspend any license or permit issued under this division for:

(1)    Incompetency;

(2)    Any unlawful act, violation of any of the provisions of this article or of any other ordinance relating to the building, rebuilding or repair of sidewalks; or

(3)    Any neglect, failure or refusal to strictly comply with the rules and regulations and specifications furnished by the director of public works and services for the building, rebuilding or repair of sidewalks.

(b)    The mayor may, for any of the causes enumerated in this section, suspend any license or permit under this division until the next regular meeting of the council, and cause such license or permit to be delivered to him. At the next regular meeting of the council, such sidewalk builder or licensee may appear before the council and be heard. The council, after such hearing, may revoke or suspend the license permanently or for a lesser period as it may deem advisable. The findings of the council in all such matters shall be conclusive and final.

(Code 1985, § 23-58)

102-134 Engineer to prepare standard specifications; grade.

The city engineer shall prepare and file with the director of public works and services standard specifications covering the building, rebuilding and repairing of sidewalks within the city. The specifications shall be changed and modified as often as may be necessary in order to ensure that all sidewalks are being built, rebuilt and repaired in accordance with the most approved and modern methods. The engineer shall, when permits are issued under this article for the building, rebuilding or repairing of any sidewalks, as soon as practicable, establish a proper grade and place grade stakes showing the grade of the sidewalk. The specifications to be furnished for the construction of all such sidewalks shall provide that such sidewalk shall be built according to the grade as established by the engineer.

(Code 1985, § 23-61)

102-135 Special assessment district; creation by council.

If the sidewalks to be built, rebuilt or repaired under the provisions of this division shall comprise one block or more and it shall become necessary for the city to perform such improvement, the council may, in lieu of the other methods provided by this division, create a special assessment district to defray the cost and expense thereof.

(Code 1985, § 23-62)

102-136 Change of grade; cost of rebuilding.

If it shall become necessary because of any change in grade as established by the city engineer to construct or rebuild any sidewalk built under the terms of this article, the entire cost and expense thereof shall be paid by the city.

(Code 1985, § 23-63)

102-137—102-155 Reserved.