Chapter 12.04


12.04.010    Construction – Conformance to chapter required.

12.04.020    Location.

12.04.030    Dimensions.

12.04.040    Construction – Requirements.

12.04.050    Finish.

12.04.060    Work – City permission, supervision required.

12.04.110    Hazardous conditions of public street right-of-way.

12.04.120    Property owner liable.

12.04.130    Duty of abutting property owner for maintenance and repair.

12.04.140    Notification to abutting property owner of needed cleaning, maintenance, repair, or reconstruction.

12.04.150    Enforcement and Penalties.

12.04.160    Severability.

12.04.010 Construction – Conformance to chapter required.

All construction of sidewalks and crosswalks within the streets or alleys of the city shall be done in strict accordance with the specifications set forth in this chapter. (Ord. 303 §1, 1921).

12.04.020 Location.

Except as hereinafter specified, all walks shall be so located that the line of the walk adjacent to the property shall be parallel with and one foot from the adjacent property line. Where local conditions seem to warrant, the street committee may change this location by making a written order for such change, and filing a copy of the order with the city clerk/treasurer, and with the city engineer. The grade of all walks shall conform to the grade of the adjacent street as nearly as the topography of the location will admit; and if the grade of such street has not been established at the time of locating any walk, it shall be so established before the grades for the walk are set. In locating crosswalks, consideration shall be taken of the probable future paving of the adjacent streets and provision made so that as little destruction of the walks as possible will be needed when such paving is done. No crosswalks shall be placed without ample provision being made for the drainage of the adjacent streets. (Ord. 303 §2, 1921).

12.04.030 Dimensions.

All sidewalks in the residence district of the city shall be five feet wide, and all sidewalks in the business district shall extend from the property line to the established curb line. The thickness of all sidewalks shall be three and one-half inches, and of all crosswalks five and one-half inches. Private entrances over which loaded vehicles are expected to pass are to be considered as crosswalks and constructed accordingly. (Ord. 303 §3, 1921).

12.04.040 Construction – Requirements.

The forms for the sidewalks shall be of common stock, two by four sized lumber, straight, sound and free from bad knots or shakes. The shall be set true to line and grade, and unless otherwise ordered, the side next the street shall be set one and one fourth inches lower than the side next the property line. They shall be firmly secured in place so as to resist the spreading stress of the green concrete. The subgrade shall be trimmed and tamped to a firm surface that is uniformly even with the bottom of the forms.

The concrete shall be properly and thoroughly mixed, following the methods commonly approved and used by concrete engineers. In no case will sloppy concrete be allowed. In one course work the concrete must be deposited from the borrows in sufficient quantity to over-fill the forms at each dump, and be raked and tamped down in such a manner as to produce a mortar surface that is free from gravel to a depth of at least one-half inch.

It must be struck to an even surface, following the placing closely with the strike board. At uniform intervals of not to exceed twenty feet an expansion joint must be formed by placing squarely across the walk a strip of Elaterite, a four-fold strip of tarred paper, or a pine, spruce, or cedar board three eighth inch thick by three and one-half inches.

In two course work the base course shall be placed and carefully tamped to a depth of not to exceed three inches, and be followed by the top course as rapidly as practical. In no case should the base course be more than twenty feet ahead of the top course, nor must more than fifteen minutes elapse between placing of any section of the base course and covering it with the top course. Expansion joints are to be placed as specified for one course work.

The forms for the crosswalks are to be so constructed as to produce a walk of the cross-section required by the engineer, and with the top at the true street grade. Expansion joints are to be placed at the ends of the walk, and at two intermediate points where ordered by the engineer. One course work will be allowed in crosswalks. (Ord. 303 §5, 1921).

12.04.050 Finish.

As soon as the concrete has set sufficiently for he work, the edges of the walk and of the blocks adjacent to the expansion joint shall be turned with the usual corner tool. In any curing checks develop during the first twenty-four hours they must be at once filled with a neat cement grout well brushed in.

This is the minimum finish required by the city. Any further smoothing, floating, troweling, brooming, or blocking that may be called for by the owner of the adjacent property or by the street committee will be considered as being additional to and not in place of the above requirements, provided that in no case will a glassy surface be allowed. (Ord. 303 §6, 1921).

12.04.060 Work – City permission, supervision required.

No walk shall be constructed in any street or alley of the city except on the order in writing of the street committee, specifying the kind of walk and finish proposed, and the work is to be done in all cases under the supervision of the street committee. Any walk constructed within city limits, that fails to comply with the provision of this chapter, may be ordered removed by the street committee, and the owner, or contractor, shall at once remove the walk at his own cost and expense and rebuild it in conformity herewith. (Ord. 303 §7, 1921).

12.04.110 Hazardous conditions of public street right-of-way.

It shall be unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street right or way or alley in the city to construct, place, cause, create, maintain or permit to remain upon any part of said right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure or object dangerous or hazardous to the use of said right-of-way by the members of the general pubic, including by not limited to the following conditions:

A. Defective sidewalk surfaces, including but not limited to broken or cracked cement producing openings of one inch (1") or more, lips or steps of three-fourths (3/4”) inch or more, slope along the direction of travel greater that 1 inch in twelve, or side slope greater than one inch in twenty.

B. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between aid cement surfaces and said public sidewalks, including openings of one inch or more, or lips or steps of three fourths inch or more.

C. Broken sidewalk edges which narrow the sidewalk by more than two inches at the broken area.

D. Broken sections of sidewalk which meet A, B, and C above but are not firmly embedded such that they shift or move when stepped upon.

E. Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way.

F. Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way.

G. Defects resulting from accumulation of ice and snow on public sidewalks.

H. Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that may cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter.

I. Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way or sidewalk area. (Ord. 700 §1, 1993).

12.04.120 Property owner liable.

In the event of any injury or damage to any person and/or property caused by defects or conditions of any sidewalk as herein above specified, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the city for all damage, injury, costs and disbursements including court costs and attorney’s fees, which the city may be required to pay or incur to any person injured or property damaged as aforesaid. (Ord. 700 §2, 1993).

12.04.130 Duty of abutting property owner for maintenance and repair.

Whenever any public right-of-way in the city shall have been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair, and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than twelve inches above the abutting property, shall be upon the owner of the directly abutting property. (Ord. 700 §3, 1993).

12.04.140 Notification to abutting property owner of needed cleaning, maintenance, repair, or reconstruction.

When it comes to the attention of the city that there is one or more defects or conditions in a given sidewalk as specified above, the director of public works shall notify the abutting property owner of the specific defects or conditions to be cleaned, maintained, repaired, reconstructed or otherwise corrected. (Ord. 700 §4, 1993).

12.04.150 Enforcement and Penalties.

Failure of the abutting property owner to clean, maintain, repair, reconstruct or otherwise correct within five days; or repair, reconstruction, or otherwise correct conditions as notified by the director of public works is hereby declared a public nuisance. Any abutting property owner failing to complete required cleaning within five days or to complete any maintenance, repair, reconstruction or other correction other than cleaning within forty-five days of notice of the same shall be subject to a fine of up to $250.00 for each offense. The court hearing violations of this chapter may consider each day the abutting owner fails to abate such nuisance as a separate violation. (Ord. 700 §5, 1993).

12.04.160 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the ordinance codified in this chapter, or the application of the provision to other persons or circumstances is not affected. (Ord. 700 §7, 1993).