Chapter 11.08
SIDEWALK IMPROVEMENTS
Sections:
11.08.010 Sidewalk repair and maintenance-Responsibility to abutting property.
11.08.020 Improvement Authorized when-Notice to owner.
11.08.030 Improvement notice-Method of service-Publication when.
11.08.040 Improvement notice-Contents.
11.08.050 Noncompliance-Improvement by city-Cost assessment Hearing notice.
11.08.060 Cost assessment—Lien—Interest—Collection.
11.08.070 Property owners—Duties, responsibilities and liability.
11.08.010 Sidewalk repair and maintenance responsibility to abutting property.
Whenever any street 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 clearing, maintenance, repair and renewal of such sidewalk or sidewalks shall devolve upon the property directly abutting upon that side of such street along which such sidewalk has been constructed. (Ord. 944 § 1, 1987)
11.08.020 Improvement-authorized when notice to owner.
Whenever in the judgment of the city utility superintendent the public convenience or safety requires that any such sidewalk along any street or alley be cleared, cleaned, renewed or repaired, and he shall so report to the city council, or if the council shall at any time deem any sidewalk in the city unsafe and unfit for public travel and the council shall deem the clearing, cleaning, repair or renewal of such sidewalk or sidewalks necessary or convenient for the public, it shall, by resolution, order such sidewalk to be cleared, renewed or repaired, and the officer or department or the city clerk shall thereupon serve a notice in writing upon the owner of each lot, block or parcel of land immediately abutting upon that portion or side of such street where such sidewalk is to be cleared, repaired or renewed requiring him to clear, clean, repair or renew the same in accordance with such resolution. (Ord. 944 § 2, 1987)
11.08.030 Improvement notice-method of service-publication when.
The notice provided for in Section 11.08.020 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 to his last known address, or if this ad dress is unknown, or if the owner of the property be unknown, then such notice shall be served by publication thereof in the official newspaper of the city in two weekly issues thereof. (Ord. 944 § 3, 1987)
11.08.040 Improvement notice-contents.
The notice provided for in Section 11.08.020 shall describe each lot, block or parcel of land immediately abutting upon that portion of the sidewalk to be so cleaned, cleared, repaired or renewed, and shall specify the sidewalk to be constructed, the size and dimensions of the same, the material to be used in repair or renewal thereof, and the manner in which the sidewalk is to be cleared, cleaned or repaired, and the notice shall state that unless such work is done in compliance with such notice and within a reasonable time therein specified, then such work shall be done by the city, and the costs thereof assessed against the property abutting thereon and de scribed in such notice. In case of the publication of the notice herein provided for, then such time shall not be less than sixty days from the date of the first publication of such notice. (Ord. 944 § 4, 1987)
11.08.050 Noncompliance-improvement by city-cost assessment-hearing notice.
In case the notice provided for in Sections 11.08.020 through 11.08.040 shall not be complied with within the time therein specified then the city, or the officer or department having charge of the care of streets in the city, shall proceed to clear, clean, renew or repair said sidewalk forthwith and shall report to the council at any regular meeting as soon after the work is completed as practicable, an assessment roll showing each lot, block or parcel of land immediately abutting on such sidewalk so cleared, cleaned, repaired or renewed, the name of the owner thereof if known, the cost of such improvement to be assessed against such lot, block or parcel of land, and the council shall thereupon set a date for hearing any protests against such proposed assessments and shall cause a notice of the time and place of the hearing to be published for two successive weeks in the official news paper of the city, the date of said hearing to be not less than thirty days from the date of the first publication of said notice. (Ord. 944 § 5, 1987)
11.08.060 Cost assessment—Lien—Interest—Collection.
The council shall at the time of the hearing or at any adjournment thereof, by ordinance, assess the cost of such improvement against the property immediately abutting thereon in accordance with the benefits thereto and such assessments shall become a lien upon the respective lots, blocks and parcels of land and shall be collected in the manner provided by law and the ordinances of the city 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. 944 § 6, 1987)
11.08.070 Property owners—Duties, responsibilities and liability.
The abutting property owners shall have the duty and responsibility of keeping sidewalks adjacent to their property free of defects and safe for the general public pedestrian use. In the event a person should sustain damage or injury as a result of the abutting property owner’s failure to comply with his duties and/or obligations as established under this ordinance, he shall be liable therefor. (Ord. 944 § 7, 1987)