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HomeMy WebLinkAbout~Master - Relating to Construction and Repair of Sidewalks ORDINJAJICE. NO. 585 .0 ORDINANCE RELATI'71(Ir TO THE, CO',iST_,' UCTI0N RZC011STRUCTION, RELTIOVAL AIND REPAIR OF SIDEVIALKS, BOTH 11-Z11FU1kNENT VOID TU21PORARYS AS­036ING THE COST THEREOF, R0?ZALI14G CONFLICTING 01-1DI11,4,414CE'S. AND PROVIDING Pi'114ALTIES FOR VICL4TI"116. Be It Ordained by the City C()Uncil of the City of Iowa: Section 1. Permanent and Temporary Sidewalks - Definition. All sidel-7alks hereaftCr built In the City of Ames, Iona on streets that are at grade, or th,­t have been ordered brought to grade, shall be permanent sidewalks end shall be constructed or recon- structed of such material as the City Council may from time to time specify in the plans and specifications for pe3mianent sidev!alks prepared by the City Manag-er, approved by said Council, and on file with the City Clerk, but the construction or recon- struction of said permanent sidewalks shall not be made until the bed of the same shall have been graded so th,'t when coll-1pleted, such sidewalks will be at the established grade. Ail sidewalks hereafter built in the City of Arles, Iowa, on streets that are not at grade, or that have not been ordered brought to grede., sh-all be temporary sidewalks. ")ection 2. Permanent Sidewallks, - Resolution. The Council may, by Resolution, order the construction or reconstruction of a permanent sidewalk in front of any property abuttini_-- upon any street, highway, avenue or court, but passa," e of said resolution shall reouire a favorable vote of three-fourths of all the members of the Council unless the owners of a majority of the linear feet of the nrozierty frontin- on said improvement shall have pets to 'toned the Counci? therefor. Section 3. Tempor-ry Sidewalks - Resolution. The Council may, by zesolution, order the construction or recoil s true tion of a tem-nor!-,ry sidewalk I:,. front of any -.pro�)erty abutting upon any strke,A, highway, avenue or court, w ich has not been btouCht to established grade, provided, however, that the coot of said temporary sidewalk shall not exceed sixty cents (60�) per linear foot. `section 4, Contents of Resolution, Tile resolution order- ing the construction or reco'r,.structlon of any siders-1k, either nermajient or temporary, shall, among; other thinj,'s, specify the street or streets along -.71nich and the property in front of which the sid.ewal'_,,, shall be constructed or reconstructed, the material to be used, the character or kiid of sidewalk to be built, the lu;idth thereof, and the time wit',in ivl-,-iich the s.--ane shall be completed. Section 5. Notice to Property Owners. %'Thenever the Co.Ancil shall order the c�-r,struction or reconstruction of -aily sidewalk, notice of such action shall be given by one publication In a newspaper published In the municipality at least thirty (30) days' prior- to the date fixed by the Council for the completioi of the improvement. Said notice shall contain the pertinent facts specified in the preceding section. Section 6. Property 0-vrrner May Build, During the time provided in said notice, the property ov-,ner ,,,'Py pro .0 e q permit ON as hereinafter provided, and build or have built,?a h s own expense, but such sidewalk, when completed, shall conform strictly with t1his ordinance and the nfans and speci±'Icatic�ns t1len in force. Nothing in this ordiner.ce shall be construed to prevent F. property owner, at any time,, from procuring, a permit as hereinafter )rovided, and construct or reconstruct a sidewalk, either permanent or temnorary, as the case may be. Section 7. Permit. No person. firm, or corporation, other than those under contract 1,,,ilth the ClAy, shall construct or re- construct any sidewalk without 11-.,aving first obtained a permit from the City Manager. The application sh ll be upon, a form fu,rnished by the City and shall contain the name of the owner of the property, a description of the lot, lots or parcels of round In froA of which the -sidewalk is to be built, a statement -hat the sidewalk will be constructed in accordance with this ordinance, -nd the planes rand specifications then in force, and said side- walk will be constructed at sidewalk grades as furnished by the City. If the City Vlan i (,r finds that the applicnit.1-on conforms to the recuireinents, specified herein, he shall issue the perm- it re('IlAested.' Failure of the property owner to build or have built a s'Idewalk not in accordance Ath this ordinance and the plans and specifications then in force shall nullify the permit and subject the sidevalk to removal. Section 8. Council May Construct. If the owner of any lot or parcel of around in front of which a sidewalk 12 ordered constructed or reconstructed, shall fail, neglect, or refuse to construct or reconstruct said sidewalk within the time pre scribed by the resolution orderin,,-','- some, the Council shall cause such improvement to be made and the cost and expense thereof shall be assessed against the abutting property as by law provided. qection 9. Ins7-,,ection. All side-na- ks built shall be sub- joct to Inspection and control by the City. Any sidewalk built un(�er either ,'Drivate or public contract shall conform to this ordinance and the plans and specifications then in force. The Council may order any sidewalk not so built taken up and replaced, aj,,d the person or firm build.inr, the same or Navin the same built or both, as the case may be, stiall be liable for the expense for failure so to do witlf-dfln the time specified. Section 10* Repairs. It shall be the duty of the City Manager to repair, or cause to be repaired, without notice to the abutting property oir:ner, all broken or defective sidewalks ashen in an unsafe, broken or defective condition. He shall return to the City Council on or before November lot of each year an itemized statement of the cost of repairs to be chareed V,,(-',,n..Anst the proprr g w ty abutting upon the sidewalk repaired, as well as the legal d-escription of said property, and same shall be dertified and collected as other taxes. Section lle Protection. The City Manage r Der is authorized , and directed to erect and maintain suitable androper barricades and lights upon any sidewalk to protect the public from injury whenever in his opinion, after due notice thereof has come to his attention, the said sidewalk Is defective and liable to cause Injury to nedestrians usinl--' such sidewalk. section 12. Cost kssessed. Whenever any sidei�,q_Lk is constructed or reco--structed b,,I _� the City of Ames, Iowa, as herein provided, the cost of expense of said construction or recon- struction shall be -assessed, by resolution, against the lot or parcel of (,*round in f ront of which the spume has been constructed or reconstructed. Said resolution shall be introduced at a regular meeting of the City Council, a hearin- thereon f ixed, and the C-4.ty Clerk duly authorized to publish notice thereof. All objections to the cost rind all objections to the pripr proceedings, on account of errors, irregulrrities or inequalities, must be in writIng, and f t he City Cierk prior to the date fixed for said assessment and if not so made shall be deemed waived, except whe-r-e fraud is si-lowne