Chapter 12.04 SIDEWALK CONSTRUCTION

"Director" means the director of public works. "Pedestrian hazard" means a defect or obstruction which a reasonable person in the position of the property owner would believe to constitute a danger of injury to persons using the public right-of-way with due regard for their own safety and well being.

"Person" means any person, firm, partnership, corporation, organizations, or entity of any type, whether profit or nonprofit, and also includes, under the defined circumstances any employee of the property owner, applicant, or contractor performing any work regulated by this chapter who continues in such work after notification of a violation by the department of public works.

"Street superintendent" means the director of public works or his or her designee. (Ord. 977 §1, 1997: Ord. 411 §16, 1961).

12.04.020 Street superintendent--Powers and duties--Generally.

The street superintendent is the city official in general charge of the construction, replacement of alteration of sidewalks, curbs and gutters, and shall have all the powers and duties set forth in this chapter. (Ord. 431 §11, 1961).

12.04.030 Street superintendent--Powers and duties--Variances and additional requirements.

The street superintendent may, by approval in writing, grant variances to the requirements of this chapter, or any ordinance of the city dealing with the construction, replacement or alteration of sidewalks, curbs and gutters, and may in writing require additional specifications than those provided by this chapter of such ordinances, provided such variances or specifications have a reasonable relationship to the topography of the land or the safety of pedestrians or automobile travel or uniformity with existing sidewalks, curbs and gutters. He may, in any instance require a sidewalk to be constructed in a greater width than four feet; and he may, if an applicant refuses to consent or abide by such additional requirements or variances, refuse to approve the application, and he may order the work stopped should the work not be in conformity with such requirements or variances or this chapter. The street superintendent may, after construction has commenced, approve or order additional requirements or variances. (Ord. 411 §12, 1961).

12.04.040 Construction--Application--Required--Contents-Approval procedure.

A. No person shall construct or aid, cause, encourage or contribute to the construction of any sidewalk, curb and gutter, or remove or alter existing sidewalks, curbs and gutters, without first having made application to the building official of the city and without having such application first approved by the street superintendent.

B. Such application shall give the legal description of the property in front of which a sidewalk or curb and gutter is proposed to be built, and the name and address of the applicant, the name and address of the owner of such property if not the same as the applicant, and the name and address of the person or firm who will be in actual charge of the work.

C. The building official shall refer such applications to the street superintendent who shall, within a reasonable time, establish any grade needed for curb and gutter construction, and any additional requirements or specifications for the particular work applied for, the same to be set forth in writing on approval of the application. (Ord. 411 §10, 1961).

12.04.050 Construction--Time limit--Safety requirements.

A. Construction shall be commenced within thirty days after approval of the application, and shall not be later commenced except on approval of a new application. After commencement of work, the work shall be continuous each working day, weather permitting, until completed, and in any event shall be completed within seven days after commencement unless extension of time is granted by the street superintendent.

B. Both the property owner and the person in charge of the actual work shall be equally responsible for proper barricading and for lighting the work between sunset and sunrise each night until completion to insure reasonable warning to all persons that such work is under construction. A barricade shall be placed at each end or terminus of the work, and at fifteen-foot intervals along the street side of such work. A lantern or flare or other red or white light shall be placed upon each barricade between sunset and sunrise, and each shall be of such intensity as to be plainly visible from a distance of one hundred fifty feet on a clear evening and at least seventy-five feet in all weather conditions, and shall conform to any additional or stricter requirements of the laws of the state. (Ord. 411 §11, 1961).

12.04.060 Construction--Work in violation of city ordinances of street superintendent prohibited.

No person, after the commencement of work regulated by Section 12.04.010, shall perform the same, or permit or cause such work to be performed, in violation of the terms of the ordinances of the city or the orders of the street superintendent, nor continue with such work after it has been ordered stopped by said superintendent, except in conformance with his orders. (Ord. 431 §14, 1961).

12.04.070 Property owner responsibility--Location of property line.

Location of the property line shall be the duty of the property owner, and shall be at such owner’s expense. (Ord. 431 §5, 1961).

12.04.080 Property owner responsibility--Construction of sidewalk.

The burden and expense of constructing sidewalks in the city along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. (Ord. 229 §2, 1922).

12.04.090 Property owner responsibility--Maintenance and repair of existing sidewalks--Restriction.

All existing sidewalks shall be maintained and kept in good repair by the property owner whose land abuts upon such sidewalk, and shall not be removed or altered in width or grade except with the written consent of the street superintendent first obtained before such work is commenced. (Ord. 431 §6, 1961).

12.04.100 Property owner responsibility--Maintenance and repair of existing sidewalks--Cost liability.

Whenever any street, lane, square, place or alley in the city has been improved by the construction of a sidewalk or sidewalks along either or both sides thereof, the duty, burden and expense of maintenance, repair and renewal of such sidewalk or sidewalks shall devolve upon the property directly abutting upon that side of such street, lane, square, place or alley along which such sidewalk has been constructed as provided in Sections 12.04.110 through 12.04.160. (Ord. 229 §1(part), 1922).

12.04.110 Repair required--Notice--Service--Upon owner of abutting property.

Whenever, in the judgment of the street superintendent, the condition of any sidewalk is such as to render the same unfit or unsafe for the purpose of public travel, the street superintendent shall thereupon serve a notice on the owner of the property immediately abutting upon said portion of the sidewalk of the condition thereof, instructing the owner to clear, repair or renew said portion of the sidewalk. (Ord. 229 §1(part), 1922).

12.04.120 Repair required--Notice--Service--Procedure.

The notice provided for in Section 12.04.110 shall be deemed sufficiently served if delivered in person to the owner of the property or his authorized agent, or by leaving a copy of such notice at the home of the owner or authorized agent, or, if the owner is a nonresident, by mailing a copy thereof to his last known address, or, if the owner of the property is unknown, then such notice shall be addressed to the general delivery office of the city. (Ord. 229 §1(part), 1922).

12.04.130 Repair required--Notice--Contents.

The notice provided for in Section 12.04.110 shall specify the period of thirty days within which the required repairs, cleaning or renewal shall be executed by the owner; and shall state that, in case the owner fails to do such cleaning, or to make such repair or renewal, within the time set forth, then the street superintendent will, on behalf of the city, proceed to clean such sidewalk or to make such repairs or renewal forthwith, and will report to the city council at its next regular meeting, or as soon thereafter as possible, the date to be definitely specified on the notice, an assessment roll showing the lot or parcel of land immediately abutting upon that portion of the sidewalk so improved, the cost of such improvement or repair, and the name of the owner, if known; and that the council will hear any and all protests against the said assessment roll and assessment. (Ord. 299 §1(part), 1922).

12.04.140 Repair required--Work performed by city--Assessment of cost.

The council, at the time designated in the notice provided for in Section 12.04.110 or at an adjourned time or times, shall assess the cost of the required work against the property in accordance with the benefits derived therefrom, which charge shall become a lien upon such property, and shall be collected by due process of law. (Ord. 229 §1 (part), 1922).

12.04.150 Repair required--Definitions for Sections 12.04.100 through 12.04.140.

For the purpose of Sections 12.04.100 through 12.04.140, the following definitions shall apply:

A. "Abutting property" means all property having a frontage upon the sides or margin of any street or public way; and such property shall be chargeable, as provided in this chapter, for all cost of maintenance, repairs or renewal of any form of sidewalk improvement between the street margin and the roadway lying in front of and adjacent to said property

B. "Sidewalk" includes any and all structures between the street margin and the roadway. (Ord. 229 §1(part), 1922).

12.04.160 Construction required--Council resolution and notice--Service upon owner.

Whenever, in the judgment of the street superintendent, the public convenience or safety requires that a sidewalk be constructed along either side of any street or other public place in the city, such officer shall immediately report the fact to the city council, and if the council deems the construction of such sidewalk necessary or convenient for the public, it shall by resolution order such sidewalk constructed, and shall cause a notice to be served upon the owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place where said sidewalk is to be constructed requiring him to construct such sidewalk in accordance with such resolution. (Ord. 229 §3, 1922).

12.04.170 Construction required--Resolution and notice--Contents.

The resolution and notice provided for in Section 12.04.160 shall describe each lot, block and parcel of land immediately abutting upon that portion of the street or other public place where a sidewalk is ordered to be constructed, and shall specify the kind of sidewalk required, the size and dimensions of the same, the method and material to be used in construction and shall contain an estimate of the cost thereof, and the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time, which time shall be thirty days, said sidewalk will be constructed by the city, and the cost and expense thereof assessed against the property abutting thereon and described in such notice. (Ord. 229 §4, 1922).

12.04.180 Construction required--Notice--Service and publication procedure.

The notice provided for in Sections 12.04.160 and 12.04.170 shall be deemed served if delivered to the owner or reputed owner of each lot, tract or parcel of land affected, or the authorized agent of such owner, or if a copy thereof is left at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein; or, in case such owner is a nonresident of the city and his place of residence is known, a copy of such notice shall be mailed to such owner, addressed to his last known place of residence; or, in case the place of residence of such owner is unknown or if the owner of any lot, block or parcel of land affected is unknown, then such notice shall be served by publication in two weekly issues of the official newspaper of the city or, if there is no official newspaper, then in any weekly newspaper published in the city. The notice shall specify the time of thirty days within which said sidewalk shall be constructed, but, in case of publication of the notice, the time shall be specified as sixty days from the date of the first publication of the notice. (Ord. 229 §5, 1922).

12.04.190 Construction required--Noncompliance--Assessment for work performed by city--Hearing--Publication of notice.

In case the notice provided for in Sections 12.04.160 through 12.04.180 has not been complied with within the time specified, the street superintendent shall proceed to construct the required sidewalk forthwith, and shall report to the city council at its next regular meeting, or as soon thereafter as is practicable, an assessment roll, showing each lot, block or parcel of land immediately abutting upon said sidewalk, and the name of the owner thereof, if known, and apportioning the cost of said improvement to be assessed against each such lot, block or parcel of land. The city council shall thereupon set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of said hearing to be published for two successive weeks in the official newspaper of the city, or, if there is no official newspaper, then in any weekly newspaper published in the city, the date of said hearing to be not fewer than thirty days from the date of the first publication of said notice. (Ord. 229 §6, 1922).

12.04.200 Construction required--Assessment for work performed by city--Collection and interest.

The city council, at the time of the hearing provided for in Section 12.04.110 or at any adjournment thereof, by ordinance shall assess the cost of constructing the sidewalk against the property immediately abutting thereon, in accordance with the respective lots, blocks or parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments, and shall bear interest at the rate of six percent per year from the date of the approval of said assessment thereon. (Ord. 229 §7, 1922).

12.04.210 Construction required--Definitions for Sections 12.04.160 through 12.04.200.

For the purpose of Sections 12.04.160 through 12.04.200, "abutting property" and "sidewalk" shall be defined as defined in Section 12.04.150, and such property shall be chargeable, as provided in this chapter, with all costs of construction of any form of sidewalk improvement, lying between the margin of the street and the roadway lying in front of and adjacent to said property. (Ord. 229 §8, 1922).

12.04.220 Standard specifications--Generally.

The regulations and specifications in Sections 12.04.230 through 12.04.340 are hereby adopted and declared to be the specifications, rules and regulations for the construction of concrete sidewalks in the city. (Ord. 229 §10(part), 1922).

12.04.230 Standard specifications--Definitions for Sections 12.04.240 through 12.04.140.

Wherever in Sections 12.04.240 through 12.04.340 the following term is used it shall have the following meaning:

"Contractor" means any person, persons, firm or corporation doing work upon any street or alley within the corporate limits of the city. (Ord. 229 §10(part), 1922).

12.04.240 Standard specifications--Materials.

A. Cement. The cement shall meet the requirements of the standard specifications and test for portland cement, adopted by the American Society for Testing Materials, September 1, 1916, with all subsequent amendments and additions thereto adopted by said society.

B. Aggregates. Before delivery on the job the contractor shall submit to the city council or the street superintendent a fifty-pound sample of each of the fine and coarse aggregates proposed for use. These samples shall be tested and, if found to pass the requirements of the specifications, similar material shall be considered acceptable for the work. Aggregates containing frost or lumps of frozen material shall not be used.

1. Fine Aggregates. Fine aggregates shall consist of natural sand or screenings from hard, tough, durable crushed rock, or gravel consisting of quartzite grains or other equally hard material graded from fine to coarse with the coarse particles predominating. Fine aggregate, when dry, shall pass a screen having four meshes per lineal inch, with not more than thirty-three percent, nor less than fifteen percent, passing a No. 10 screen.

Fine aggregate shall not contain vegetable or other deleterious matter, nor more than three percent, by weight, of clay or loam. Routine field tests shall be made on fine aggregate as delivered and, if there is more than seven percent of clay loam, by volume, in one hour’s settlement after shaking in an excess of water, the material represented by the sample shall be rejected.

Fine aggregate shall be of such quality that mortar composed of one percent part portland cement and three parts fine aggregate, by weight, when made into briquets, shall show a tensile strength at seven and twenty-eight days equal to or greater than the strength of briquets composed of one part of the same cement and three parts standard Ottawa sand, by weight. The percentage of water used in making briquets of sand and fine aggregate shall be such as to produce a mortar of the same consistency as that of the Ottawa sand briquets of standard consistency. In all other respects, briquets shall be made in accordance with the methods outlined in the Standard Specifications and Tests for Portland Cement, adopted by the American Society for Testing Materials, September 1, 1916.

2. Coarse Aggregate. Coarse aggregate shall consist of clean, hard, tough, durable crushed rock or pebbles, graded in size and free from vegetable or other deleterious matter, and shall contain no soft, flat or elongated particles. The size of the coarse aggregate shall be such as to pass a two-inch round opening, and shall range from two inches down, with not more than five percent passing a screen having four meshes to the lineal inch, and with no intermediate sizes removed.

3. Mixed Aggregate. Crusher-run stone, bank-run gravel or an artificially prepared mixture of fine and coarse aggregate shall not be used except upon special permission of the city council or street superintendent.

C. Water. Water shall be clean, and free from oil, acid, alkali, or vegetable matter.

D. Reinforcement. All reinforcement shall be free from rust, scale, paint or coatings of any kind which will tend to destroy the bond.

E. Joint Filler. The filler for all transverse joints shall consist of prepared strips of fibre matrix and bitumen, or similar material of approved quality, one-quarter inch in thickness. The width of the filler shall be at least one-half inch greater than the thickness of the pavement at any point. The thickness of longitudinal joints filled with bitumen shall be not less than one-quarter inch nor more than three-quarters inch. Prior to submitting bids, the contractor shall obtain the approval of the street superintendent for the joint filler which he proposes to use. (Ord. 229 §10(part), 1922).

12.04.250 Standard specifications--Forms.

A. Materials. Where forms are required, they shall be free from warp and of sufficient strength to resist springing out of shape. Wooden forms shall be of not less than two and one-half inches after dressing.

B. Setting. The forms shall be well-staked or otherwise held to the established grade. Where a curb is to be constructed integrally with the pavement, the upper edge of the side forms shall conform to the top of the curb.

C. Treatment. All mortar and dirt shall be removed from forms before they are used. (Ord. 229 §10(part), 1922).

12.04.260 Standard specifications--Drainage.

The contractor shall construct tile or other drains as shown on the plans. Tile shall be laid in a trench at least six inches wide and two feet deep below the top of the adjacent curb. Such ditch shall be backfilled with crushed stone or pit-run gravel with sand removed, which after light tamping shall be twelve inches deep. (Ord. 229 §10(part), 1922).

12.04.270 Standard specifications--Joints.

A. Width and Location. Transverse joints shall be one-quarter inch in width and shall be placed across the pavement perpendicular to the center line, not more than thirty feet apart. All joints shall extend through the entire thickness of the pavement and curb, and shall be perpendicular to the surface of the pavement. In pavements with integral curb the joint shall be continuous in a straight line through the pavement and curb.

All catch basins, manhole tops, poles or other fixed objects which project through the pavement shall be separated from the concrete by joint filler.

B. Joint Filler. All transverse joints shall be formed by inserting during construction and leaving in place the required thickness of prepared strips of fibre matrix and bitumen, or similar material of approved quality, which shall extend through the entire thickness of the pavement and the entire thickness and height of the integral curb when the latter is specified.

C. Unprotected Joints. All transverse joints shall extend through the entire thickness of the pavement and the filler shall project not less than one-half inch above the finished pavement. Before the pavement is opened to traffic, joint filler shall be cut off to the height of one-quarter inch above the surface of the pavement. (Ord. 229 §10(part), 1922).

12.04.280 Standard specifications--Measuring materials and mixing concrete.

A. The method of measuring the materials for the concrete, including water, shall be one which will insure separate and uniform proportions of each of the materials at all times. A sack of portland cement (ninety-four pounds

B. Mixing. The materials shall be mixed in a batch mixer approved by the street superintendent and, irrespective of the size of the batch and rate of speed used, mixing shall continue after all materials are in the drum for at least one minute before any part of the batch is discharged from the drum. The drum shall be completely emptied before receiving material for the succeeding batch. The volume of the mixed material used per batch shall not exceed the manufacturer’s rated capacity of the drum in cubic feet of mixed material.

C. Retempering. Retempering of mortar or concrete which has been partly hardened, that is, remixing with or without the addition of water or materials, will not be permitted.

D. Proportions. The concrete shall be mixed in the proportion of one sack of portland cement to not more than two cubic feet of fine aggregate and not more than three cubic feet of coarse aggregate; and in no case shall the volume of the fine aggregate be less than one-half the volume of the coarse aggregate.

A cubic yard of concrete in place, including that in integral curbs, shall contain not less than one and seven-tenths barrels of cement.

The street superintendent shall compare the calculated amount of cement required, according to the plans and specifications, with the amounts actually used in each section of concrete, between successive joints, as determined by actual count of the number of sacks of cement used in each section. If the amount of cement used in any three adjacent sections (between transverse joints) is less by more than two percent, or if the amount of cement used in any one section is less by more than five percent, of the amount of cement therein required, the contractor shall remove all such sections and replace the same with new materials according to these specifications, at his expense.

E. Consistency. The materials for the pavement shall be mixed with only sufficient water to produce a concrete which will hold its shape when struck off with a template. The consistency shall not be such as to cause a separation of the mortar of the concrete from the coarse aggregate in handling. (Ord. 229 §10(part), 1922).

12.04.290 Standard specifications--Reinforcing.

A. Reinforcing, if required, shall be placed on force account.

The reinforcement shall have a weight of not less than twenty-eight pounds per one hundred square feet. The ratio of effective areas of reinforcing members at right angles to each other may vary from 1:1 to 4:1. The spacing between parallel lines of reinforcing members shall not be more than eight inches. A reduction of three pounds from the weight specified shall be allowed for those types of reinforcement not requiring extra metal at intersections.

B. Reinforcing metal shall not be placed less than two inches from the finished surface of the pavement, and otherwise shall be placed as shown on the plans. The reinforcing metal shall extend to within two inches of all joints, but shall not cross them. Adjacent widths of fabric shall be lapped not less than four inches when the lap is made perpendicular to the center line of the pavement, and not less than one foot when the lap is made parallel to the center of the pavement. (Ord. 229 §10(part), 1922).

12.04.300 Standard specifications--Placing concrete.

A. Immediately prior to placing the concrete, the subgrade shall be brought to an even surface. The surface of the sub-grade shall be thoroughly wet but shall show no pools of water when the concrete is placed.

B. After mixing, the concrete shall be placed rapidly upon the subgrade to the required depth, and for the entire width of the pavement, in successive batches and in a continuous operation, without the use of intermediate forms or bulkheads between expansion joints. If the concrete is placed in two courses, as when reinforcement is used, any dirt, sand or dust which collects on the base course shall be removed before the top course is placed. The concrete above the reinforcement shall be placed immediately after mixing, and in no case shall more than forty-five minutes elapse between the time the concrete below the reinforcement has been mixed and the time the concrete above the reinforcement is placed.

C. In case of a breakdown, concrete shall be mixed by hand to complete the section, or an intermediate transverse joint shall be placed as hereinbefore specified, at the point of stopping work. Any concrete in excess of that needed to complete a section at the stopping of work shall not be used in the work. (Ord. 229 §10(part), 1922).

12.04.310 Standard specifications--Finishing.

A. The concrete shall be brought to a proper contour by any means which will insure a compact, dense surface. Any holes left by the removal of any material or device used in constructing joints shall be filled immediately with such concrete from the latest batch deposited. Concrete adjoining metal protection plates at transverse joints shall be dense in character shall be given a smooth finish with a steel trowel for a distance of six inches on each side of the joints. The concrete adjacent to unprotected joints shall be finished with a wood float which is divided through the center and will permit finishing on both sides of the filler at the same time.

B. Concrete shall be finished with a wood float in a manner to thoroughly compact it and produce a surface free from depressions and inequalities of any kind. As soon as possible after the concrete has been struck off, it shall be rolled with an approved roller having a smooth, even surface, approximately six feet in length, not more than twelve inches nor less than eight inches in diameter, and weighing not more than one hundred pounds. The roller shall be operated at such an angle with the center line of the pavement that it will advance along the pavement about three feet for each time across. The roller shall pass from the one edge of the pavement to the other with care being taken not to run the roller over the side forms so that earth or other foreign matter will adhere to it. After the roller has covered a given area in the manner described, the same area shall be similarly covered by the roller not fewer than three times, at intervals of fifteen to forty minutes, and as many additional times as may be required to remove excess water.

C. After the rolling has been completed, the pavement shall be finished with two applications of a belt made of canvas or rubber belting, not less than six inches wide, and not less than two feet longer than the width of the pavement. The belt shall be applied with a combined cross-wise and longitudinal motion. For the first application, vigorous strokes of at least twelve inches shall be used, and the longitudinal movement of the belt along the pavement shall be very slight. The second application of the belt shall be immediately after the water glaze or sheen disappears, and the stroke of the belt shall be not more than four inches, and the longitudinal movement shall be greater than for the first belting.

D. The finished surface of the pavement shall not vary from a line parallel to the pavement center line more than one-quarter inch in any three-foot length, when tested with a gauge with which all variations can be measured accurately. Any allowable change in elevation shall be gradual. At every point in any cross-section of the pavement, the finished surface of the concrete shall be convex upward. (Ord. 229 §10 (part), 1922).

12.04.320 Standard specifications--Protection and curbing.

A. Except as hereinafter specified, the surface of the pavement shall be sprayed with water as soon as the concrete is sufficiently hardened to prevent pitting, and shall be kept wet until an earth or other covering is placed. As soon as it can be done without damage to the pavement, the surface of the concrete shall be covered with not less than two inches of earth or other material approved by the street superintendent, which shall be kept wet for at least ten days. When deemed necessary or advisable by the street superintendent, freshly laid concrete shall be protected by canvas until such covering can be placed.

B. Under the most favorable conditions for hardening in weather, the pavement shall be closed to traffic for at least fourteen days, and in cool weather for an additional time, to be determined by the street superintendent.

C. When the average temperature is below fifty degrees Fahrenheit, the sprinkling and covering of the pavement may be omitted, at the discretion of the street superintendent or the city.

D. The contractor shall erect and maintain suitable barriers to protect the concrete from traffic, and any part of the pavement damaged by traffic or other causes, occurring prior to the official acceptance of the work, shall be repaired and replaced by the contractor at his expense, in a manner satisfactory to the street superintendent. Before the pavement is thrown open to traffic, the covering shall be removed and disposed of as directed by the street superintendent. (Ord. 229 §10(part), 1922).

12.04.330 Standard specifications--Cold weather work.

Concrete shall not be mixed nor deposited when the temperature is below freezing. If, at any time during the progress of the work, the temperature is, or in the opinion of the street superintendent will within twenty-four hours drop to, thirty-five degrees Fahrenheit, the water and aggregates shall be heated and precautions shall be taken to protect the work from freezing for at least ten days. In no case shall concrete be deposited upon a frozen subgrade. (Ord. 229 §10(part), 1922).

12.04.340 Standard specifications--Alley crossings.

One-course alley crossings or driveways shall be constructed where directed, and shall conform to the thickness and specifications for one-course concrete pavement. Six inches shall be the least thickness allowable. (Ord. 229 §10(part), 1922).

12.04.350 Additional specifications--Placement.

All sidewalks constructed, replaced or altered in the city after the effective date of the ordinance codified in this chapter shall abut on the private property line, and the sidewalk itself shall be in the public street, except that nothing contained in this chapter shall apply to sidewalks constructed entirely upon private property. (Ord. 431 §2, 1961).

12.04.360 Additional specifications--Width.

All sidewalks regulated by Section 12.04.150 shall be four feet in width, except that in the area designated by other ordinances as the No. 1 Fire Zone such sidewalks shall extend in width from the property line to the curb. (Ord. 411 §3, 1961).

12.04.370 Additional specifications--Thickness.

All sidewalks shall be at least four inches in thickness, but shall be at least six inches thick where same are crossed by driveways. (Ord. 431 §4, 1961).

12.04.380 Additional specifications--Edges.

The edges of all sidewalks shall be in a straight line and, when connected to existing sidewalks, shall meet the existing sidewalk on the same grade level. (Ord. 411 §7, 1961).

12.04.390 Additional specifications--Curbs and gutters.

All curbs constructed, replaced or altered after the effective date of the ordinance codified in this section shall be twenty feet from the center line of the street and shall be constructed on a uniform grade for the entire block or area lying between two cross streets, such grade to be established by the street superintendent for each such block area. All curbs shall be of "curb and gutter" construction, and shall be separated from any sidewalk by a proper joint. The base of the curb and gutter shall be eighteen inches in width; the gutter shall be six inches deep; and the curb (extending above the base) shall be six inches high, and six inches wide at the top, and shall be poured a continuous operation with sufficient forms. (Ord. 431 §8, 1961).

12.04.400 Additional specifications--Concrete.

All sidewalks, curbs and gutters shall be of concrete construction, and where required by the street superintendent shall contain such reinforcing materials as such officer may direct. In lieu of existing specifications, the concrete may be what is commonly known as "standard mix" or "five-sack mix," proportioned five sacks of portland cement to one cubic yard of washed sand and washed gravel. (Ord. 431 §9, 1961).

12.04.405 Pedestrian hazards.

A. All property owners within the city shall report, in writing, to the department of public works any pedestrian hazards within the public right-of-way abutting or adjacent to their property.

B. The department shall create and maintain, on an ongoing basis, a list of pedestrian hazards reported or otherwise known to the department, and shall abate such hazards as soon as reasonably practicable, given the nature of the pedestrian hazard and available resources. The department shall prioritize its efforts to abate pedestrian hazards, according to available resources and the nature of the pedestrian hazard, on an annual basis. Such report is to be provided to the mayor and council for purposes of consideration in their prioritization of funding during the budgetary process and the seeking of grant applications.

C. The department, or its delegated representative, shall make reasonable efforts to notify all record owners of abutting property of any claim for injury proximately caused by a pedestrian hazard within sixty days of the receipt of such claim. Such notification shall advise the abutting owner of the nature of the claim, and shall provide a copy of the notice of claim filed by the claimant pursuant to RCW 4.96.020 or any other applicable law, and shall, in addition, offer the said owner the opportunity to defend, adjust, or pay the claim. Failure or inability of the department to deliver this notice within the time period involved shall not affect the legal or fiscal responsibility of the abutting property owner for the damages or injuries suffered as the result of the defect or pedestrian hazard, to the extent that such legal or fiscal responsibility may exist under law, such notification to be viewed as a courtesy to the abutting property owner.

D. More than thirty days prior to trial or arbitration, or more than fourteen days prior to payment of any claim for damages, proximately caused by a pedestrian hazard, the department may notify the abutting owner of the pendency of trial, arbitration, or payment. Such notification shall advise the abutting owner of the right to attend and participate in such trial or arbitration, and the right to prevent the department from making payment to an injured person by agreeing, in writing, fourteen days in advance of trial or arbitration, or three days in advance of the date of payment, to assume the entire defense of the claim.

E. If the city makes payment, by reason of judgment or settlement, for any claim for damages proximately caused by a pedestrian hazard, the city has the right to indemnification by and from any abutting property owner who had actual knowledge of the condition constituting the pedestrian hazard, if:

1. The said abutting owner failed to notify the department, as provided in this section, of the pedestrian hazard at least fourteen days prior to the injury for which claim is made; and

2. Such failure to notify proximately caused the injuries complained of; and

3. The city did not cause or create the defect, or have actual knowledge of the defect. (Ord. 977 §§1-5, 1997).

12.04.410 Removal authorized--Not completed within time limit.

Any work not completed within the time required by this chapter shall be deemed to be an obstruction to the street, and the city may remove the same forthwith without notice. (Ord. 411 §17, 1961).

12.04.420 Removal authorized--Dangerous condition.

If, in the judgement of the street superintendent, any sidewalk or sidewalks are in such a dangerous condition that the public safety is being menaced thereby, such officer is hereby given the right, and it shall be his duty, to remove and take away forthwith, without notice, any such sidewalks or portion of such sidewalk as a menace to public safety. (Ord. 229 §11, 1922).

12.04.430 Removal authorized--Not in conformance with chapter.

Any sidewalk, constructed, after the effective date of the ordinance codified in this section, not in conformity with this chapter shall be made to conform to the provisions of this chapter, after due notice is given, as provided for in this chapter, or it may be removed. (Ord. 229 §12, 1922).

12.04.440 Violation--Deemed misdemeanor--Each day a separate offense.

A. Any person violating the terms of this chapter, who, after receiving written notice of such violation fails to cure or cease such violation within twenty-four hours of the receipt of such notice and remains in violation of the provisions of this chapter or the orders and requirements of the department of public works made pursuant to this chapter or other ordinances of the city relating to sidewalk, curb and gutter construction or repair, replacement, or maintenance, shall be deemed to have violated this chapter.

1. The first two violations within any twenty-four consecutive months alleged to have been committed by a person shall be deemed an infraction. Upon being found to have committed such infraction, the violator shall be subject to a fiscal penalty of up to two hundred fifty dollars.

2. Upon being charged with a third violation in any twenty-four-month period, a person, upon conviction, shall subject to punishment as set forth in Section 1.28.010.

B. Any violation which continues for more than one day shall be considered a separate and distinct offense for each day or part of day that such violation continues, following the giving of the notice required by this section. (Ord. 977 §7, 1997: Ord. 431 §15, 1961).