Chapter 12.20 SIDEWALK CONSTRUCTION AND REPAIR

The term “person,” as used in this chapter, shall be deemed to include any natural person, firm, company, co-partnership, association or corporation. (Ord. 349 § 1, 1968)

12.20.020 Permit required.

It is unlawful for any person to make any excavation or fill, or to do or perform any construction work in or upon any public street, alley or way, or to construct, reconstruct, or repair any sidewalk, crosswalk, curb, or gutter without first having secured a permit therefor from the city manager. (Ord. 349 § 2, 1968)

12.20.030 Permit application and issuance.

Any person wishing to do or perform any of the things for which a permit is required by this chapter shall make written application to the city manager, which application shall specify the number of the lot and block adjacent to which the improvement is proposed to be made, the name of the street upon which the work is to be performed, and the name of the person desiring to perform the work, and a description of the proposed improvement and the time necessary for the completion thereof. Upon the approval of the application by the city manager the permit shall be granted to the applicant. (Ord. 349 § 3, 1968)

12.20.040 Certificate of acceptance.

All work performed under and done in pursuance of the permit mentioned herein shall be done and performed in accordance with the provisions of this chapter under the supervision of city manager and upon the completion thereof in a satisfactory manner in accordance with the specifications herein contained, the city manager shall issue a certificate therefor to the effect that the workmanship performed and the materials used in the improvements are in conformity with the provisions of this chapter. The city surveyor shall test the accuracy of the improvement and if he finds by actual survey that the work has been done upon the proper grade, he shall endorse such certificate, and when so issued and endorsed, the same shall constitute an official acceptance of such improvement, and shall be deemed the completion of that part of any improvement ordered by the city manager to be made upon the street. (Ord. 349 § 4, 1968)

12.20.050 Curbs, crosswalks and sidewalks.

All curbs, crosswalks and sidewalks shall be constructed to the established lines and grades approved by the city manager as shown by the official plats and specifications filed in the office of the city recorder and specifications herein contained. (Ord. 349 § 5, 1968)

12.20.060 Street center lines.

The center lines of streets shall be fixed by the street monuments set in the center of street intersections, as marked on the official plats of street and sidewalk grades. The monuments shall fix the location of the center lines of all streets and shall be used in locating all street improvements, but shall not purport to establish the location of property lines. (Ord. 349 § 6, 1968)

12.20.070 Curb lines.

The curb lines of all streets shall be parallel to and equidistant from the center lines of the streets. (Ord. 349 § 7, 1968)

12.20.080 Grades.

All sidewalk pavements shall have a fall toward the gutter of one-quarter of an inch to one foot. The curb grade shall be parallel to the property line grade, allowing for the incline of the sidewalk towards the curb for drainage. The grade of the gutter shall be parallel to and six inches below the curb grade. The grade of the center of the street shall be as shown on the profiles, and official plats on file in the office of the city recorder, and the crown of the street shall be 0.5 of a foot on all street widths. (Ord. 349 § 8, 1968)

12.20.090 Sidewalk and curb pavement.

A. On all business streets the sidewalks shall be paved the full width from property line to curb line. On residential streets the paved portion of the sidewalk shall in all instances be five feet wide.

B. On all streets in the city, the curbs and sidewalks shall be constructed of concrete, according to plans and specifications approved by the city council and along the following lines:

On all streets the sidewalk pavement shall be five feet wide and on lines and grades established by the city engineer.

C. All curbing and sidewalk pavements in the city shall be constructed to the established lines and grades, and in accordance with the following specifications in Section 12.20.100. (Ord. 349 §§ 9, 11, 12, 1968)

12.20.100 Cement walks and curbs—Construction.

Cement walks shall be constructed of a concrete meeting specifications set forth as Class A concrete by A.S.H.O.

A. Grading. The space over which the walk is to be laid shall be excavated or filled to the proper subgrade and thoroughly compacted by rolling or ramming. All objectionable or unsuitable material in the subgrade shall be removed by the contractor and the space filled with suitable material well rammed into place. The finished subgrade shall be parallel with the surface of the finished walk. The cost of trimming, tearing up and removing the old walk and curb, including concrete curb where street has been shall be included in the price of the new walk.

B. Forms. All forms shall be adequate to meet current standard methods for construction.

C. Expansion Joints. All concrete walks, curbs and gutters shall have an expansion joint clear through from top to subgrade at intervals of twenty (20) feet. In addition all curbs and gutters shall have dowels of one-half inch by sixteen inches dimensions installed in an approved manner.

D. Curb. The curb shall be standard monolithic curb constructed according to plans and specifications available at the city manager’s office.

At intervals to be designated by the city engineer there shall be inserted through the curb one length of three-inch pipe of designated material. This pipe shall be well cemented into the curb. The cost of such pipe and the laying thereof shall be included in the price bid per lineal foot of the curb.

E. Corners at Intersecting Streets and Alleys. At the intersecting streets and alleys the corner will be quadrant with ten-foot radius or any other radius as shall be specified by the city engineer. Where there are catch basins the corner block must be made so as to connect with the iron grating and permit the unmolested flow of water into the basin.

F. Protection. When completed, sidewalks shall be kept moist and protected from traffic and the cements for a sufficient period of time as determined by the city engineer after finishing. The forms shall be removed with great care and upon their removal earth shall be banked against the edges of the walk and the back of the curb. Where sidewalks do not cover the whole width from the property line to the curb, the space not covered shall be filled in with earth or graded down to an even surface with the top of the walk. (Ord. 349 § 13, 1968)

12.20.110 Cement walks and curbs—Inspection.

Whenever any cement or artificial stone sidewalk or curb is constructed upon any street under a permit, as provided for in this ordinance, the city manager, before issuing a certificate to the effect that the work and materials conform to the requirements of the specifications set forth in this chapter, shall make an examination or test of the same, as he may deem necessary and in so doing may break the artificial stone or cement work to an extent not exceeding two lineal feet of curb and nine square feet of sidewalk for every fifty (50) lineal feet of walk or curb, and the same shall be repaired by the contractor at his expense. (Ord. 349 § 14, 1968)

12.20.120 Abutting property to bear cost of repairs.

The expense of maintaining a sidewalk in good repair shall be borne by and apportioned among the lots and premises abutting on or along the sidewalk which needs repair. (Ord. 349 § 15, 1968)

12.20.130 Notice to repair.

A. When the city manager determines that a sidewalk needs repair, the city recorder shall issue a notice and prepare a certified copy of the notice. The notice shall require the owner to obtain a permit and begin repair of the defective sidewalk within thirty (30) days after the date of service of the notice, and to thereafter diligently complete the repairs; and that in the event of failure to comply with the notice, the city may repair the sidewalk and the costs and expenses of the repair will become a lien on the lot and premises of the owner.

B. The city recorder shall cause a certified copy of the notice to be served personally upon the owner of the lot or premises abutting or along the sidewalk needing repair, or the city recorder may serve the certified copy of the notice by registered or certified mail, return receipt requested and returned.

However, if the lot or premises is not occupied and if, after diligent search, the owner is not discovered, then the city recorder shall cause a certified copy of the notice to be posted in a conspicuous place on the property and such posting shall have the same effect as service of the notice by registered or certified mail or personal service upon the owner.

C. Immediately after making service of the notice the person making such service shall make a written return or certificate of service noting the time, place, and manner of service. The city recorder shall keep the original notice and the return or certificate of service on file in his office as a permanent record of the city. (Ord. 349 § 16, 1968)

12.20.140 City to make repairs when.

If the repair of the sidewalk is not started within thirty (30) days after the date of service of notice, or if the repair is not diligently completed, the city manager may have the repair completed at a reasonable cost. After determining the cost of the repair, the city manager shall notify the city recorder in writing, such notice stating the time and manner of making the repair and the cost of the repair. The city recorder shall attach the city manager’s notice to the original service of notice, both of which are a part of the record of lien for the improvement. After receipt of the city manager’s notice, the city recorder shall enter both records, together with the expenses, in the city lien docket, as a lien on the lot and premises abutting or along the repaired sidewalk. (Ord. 349 § 17, 1968)

12.20.150 Cost of repair—Lien.

After entry in the city lien docket by the city recorder, the city shall have a lien which is due and payable on the lot and premises abutting or along the sidewalk repaired by the city. The lien shall be for the full amount of the costs and expenses, including interest at the rate of six percent per annum on the unpaid balance from the date of entry in the lien docket. The city recorder shall notify the owner of the amount and nature of the lien and of the time by which it shall be paid. No interest shall be charged if the lien is paid within thirty (30) days of entry. The city may proceed to foreclose the lien in the manner provided by law, sixty (60) days after date of entry. (Ord. 349 § 18, 1968)

12.20.160 Parking strip.

If the curb and the outer edge of the sidewalk do not join, the owner or occupant of the property abutting or along the sidewalk shall fill the intervening space to a level with the slope of the sidewalk. (Ord. 349 § 19, 1968)

12.20.170 Duty of property owners to fill.

It shall be the duty of abutting property owners to fill in with earth, the space between the curb and sidewalk to a level grade with the curb and sidewalk. (Ord. 349 § 20, 1968)

12.20.180 Necessity for curb cut.

Curb cuts shall be limited to those necessary to provide ingress and egress to property, and the length of the cut shall be determined according to the frontage of the property in accordance with the standards applicable to driveway approaches. (Ord. 349 § 21, 1968)

12.20.190 Condition of curbing.

The permittee shall restore the curbing at the cut to a proper and smooth finish. (Ord. 349 § 22, 1968)

12.20.200 Prohibited locations for driveway approach.

A. No driveway approach shall be permitted to encompass any municipal facility. Under the permit provided for herein, the applicant may be authorized to relocate any municipal facility, including any within the limits of a curb return, which may be encroached upon.

B. At intersections, no portion of a driveway approach including end slopes shall be permitted within four feet of the crosswalk at the curb line. (Ord. 349 § 23, 1968)

12.20.210 Driveway approach limits.

In no event shall the driveway approach extend beyond the property line extended or rights of the owner requesting the curb cut. A driveway permit shall not be issued unless there is space entirely within the private property lines for vehicle parking. (Ord. 349 § 24, 1968)

12.20.220 Driveway specifications.

A. All driveway approaches between the curb line and the property line shall be constructed of Portland cement concrete. The driveway approach, including the sidewalk section, shall be constructed according to the standard specifications and plans of the city.

B. Where standard gutters and curbs have not been installed, the length of driveway approach set forth in this chapter shall be measured along the property line and there shall be not less than sixteen (16) feet of frontage between driveway approaches serving any one property.

C. Permits shall not be issued for any surface improvement or paving on the street right-of-way between driveway approaches unless a concrete curb or other physical obstruction designed to standard city specifications is constructed and maintained by the applicant so that the entrance and exits of vehicles to and from the applicant’s property will be restricted to the established driveway approaches.

D. Pursuant to the permit provided for herein, the applicant may surface the driveway approaches or other areas within the right-of-way, extending the same type paving used on his premises so that it merges with the street pavement, provided that the applicant’s paving is adequate and suitable for the traffic to be carried. Paving between the property line and the street pavement shall be to the established grade or other slope fixed by the city engineer to provide for proper runoff. Such paving may meet the street pavement at a point ahead of the curb opening in order to provide for safe deceleration of vehicles turning into the applicant’s premises. If the applicant’s paving is extended beyond the property line into a street right-of-way at an intersection the applicant shall construct a suitable traffic island or curb if the protection of municipal facilities is necessary. (Ord. 349 § 25, 1968)

12.20.230 Restoration of curb.

When a driveway approach is no longer in use, the city engineer by order of the council, shall notify the owner of the abutting property to restore the curb and sidewalk to conform to the adjacent curb and sidewalk. If the owner shall neglect to do so for a period of six months, then the city engineer shall proceed to restore the curb and the cost of the same shall be a lien upon the property until paid, and shall be assessed and entered in the lien docket of the city and shall be foreclosed in the same manner as other city street improvement liens. (Ord. 349 § 26, 1968)

12.20.240 Concrete sidewalks required.

Sidewalks shall be constructed of Portland cement concrete. (Ord. 349 § 27, 1968)

12.20.250 Storage of materials in street.

There may be included in a sidewalk permit permission to use the abutting street for the purpose of storing material to be used in the sidewalk project, but no more than one-fourth of the street shall be used for such purpose. (Ord. 349 § 28, 1968)

12.20.260 Shade and ornamental trees.

Shade and ornamental trees shall be located only at the discretion of and upon issuance of a permit by the city manager. (Ord. 349 § 10, 1968)

12.20.270 Violation—Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00), or by imprisonment in the city jail for a term of not less than five nor more than one hundred (100) days. Any person found guilty of a second violation of this chapter shall be sentenced to the maximum penalty provided herein. (Ord. 349 § 29, 1968)