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HomeMy WebLinkAbout~Master - Relating to Construction and Repair of Sidewalks, Repealing Ordinance 585 . 1 ORDINANCE NO. 818 I AN ORDINANCE RELATING TO THE CONSTRUCTION, RECONSTRUCTION, REMOVAL AND REPAIR OF SIDEWALKS, BOTH PERMANENT AND TEMPORAR ,. ASSESSING THE COST THEREOF, REPEALING ORDINANCE NO. 585 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING PENALTIES FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Permanent and Temporary SidAlks - Definition. All sidewalks hereafter built in the City of Ames, Iowa on streets that are at grade, or that have been ordered brought to grade, shall be permanent sidewalks and shall be i constructed or reconstructed of such material as the city council may from time to time specify in the plans and specifications for permanent sidewalks prepared by the city manager, approved by said council, and on file with the city clerk, but the construction or reconstruction of said permanent sidewalks shall not be made until the bed of the same shall have been graded so that when completed, sidewalks will be at the established grade. All sidewalks hereafter built in such the City of Ames, Iowa, on streets that are not at grade, or that have not been i ordered brought to grade, shall be temporary sidewalks. Section 2. Permanent Sidewalks - Resolution. The council may, by resolution, order the construction or reconstruction of a permanent s curt but lk in front of any property abutting upon any street, highway: passage of said resolution shall require a favorable vote of three-.fourths of all members of the council unless the owners of a majority of the linear let of the ` the property fronting on said improvement shall have petitioned the therefor. i Section 3. Temporary Sidewalks - Resolution. The council may, by ewalk in resolution, order the construction or reconstruction of aavenue temporary or court which front of any property abutting upon any street, highway, has not been brought to established greed one dollar e ($1,V00) per linear foot.that the cost of said temporary sidewalk shall not exceed Section 4. Contents of Resolution. The resolution ordering the construction or reconstruction any sl along which the propertrmanent or temporary, y shall, among other things, specify te street or streets in front of which the sidewalk shall be constructed twidththereof,the aanda I to be used, the character or kind of sidewalk to be built, the the time within which the same shall be completed. Section 5. Notice to Property Owners. Whenever the council shall dewalk, notice of such action order the construction or reconstruction any siublished in the municipality at shalle b given by one publication in a ne p p P fixed by he council for he tion of least thirty (30) days prior to the date ntain thetpertinent factstspecif specified the the improvement. Said notice shall preceding section. Section 6. Property Owner May Build. During the time provided in er said notice, the property owner may procure expense,permit but suchtsidewalklewhefi and build or have built said sidewalk at his P com leted, shall conform strictly with this ordinance and the plans and specifi- P Nothing in this ordinance shall be construed to prevent a cations then in farce. as fromprocuriperm property owner, at any time, ag a e thertpermanent or temporary, and constructing or reconstructing a sidewalk, as the case may be. Section 7. Permit Required. No person, firm or corporation, other than those under contravt with the city, shall construct or reconstruct any side- walk without having first obtained a permit. Section 8. Application for Permit. The application shall be upon a the name of the erthe form furnish y the city and shall cont orinarcels of ground in frontf f which property, a description of the , P �I i the sidewalk is to be built, a statement that the sidewalk will be constructed in accordance with this ordinance, and the plans and specifications then in force, and said sidewalk will be constructed at sidewalk grades as furnished by the city, I Section 9. Approval of Application. If the city manager finds the application conforms to the requirements specified herein he shall approve such I application. Section 10. Issuance of Permit. The city clerk, upon advice from the ity manager of the approval of an application for a sidewalk and the payment of the permit fee, shall issue such permit. Section 11. Permit Fee. The fee for a permit to construct or reconstruct a sidewalk shall be one dollar ($1. 00). Section 12. Improper Construction. Failure of the property owner to build or have built-a sidewalk in accordance with this ordinance and the plans and specifications of the city then in force shall nullify the permit and subject the sidewalk to removal. Section 13. Council May Construct. If the owner of any lot or parcel of ground in front of which a sidewalk is ordered constructed or reconstructed, shall fail, neglect, or refuse to construct or reconstruct said sidewalk within the time prescribed by the resolution ordering same, 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. 14ection n I S Inspection. All sidewalks built shall be subject to I inspection and control by the city. Any sidewalk built under either private or public contract shall conform to this ordinance and the plans and specifications of the city then in force. The council may order any sidewalk not so built taken I up and replaced, and the person or firm building the same or having the same built or both, as the case may be, shall be liable for the expense for failure so i to do within the time specified. Section 15. Repairs. It shall be the duty of the city manager to repair or cause to be repaired, without notice to the abutting property owner, all broken or defective sidewalks when in an unsafe, broken or defective condition. He shall return to the city council on or before November 1st of each year an itemized statement of the cost of repairs to be charged against the property abutting upon the sidewalk repaired, as well as the legal description of said property, and same shall be certified and collected as other taxes. Section 16. Protection. The city manager is authorized and directed to erect and maintain suitable and proper barricades and lights upon any sidewalk to protect the injury p public from in ur whenever in his opinion, after due notice thereof has come to his attention, the said sidewalk is defective and liable to cause injury to pedestrians using such sidewalk and to charge the cost thereof to the abutting property. ISection 17. Cost Assessed. Whenever any sidewalk is constructed or reconstructed by the City of Ames, Iowa, under the provisions of Chapter 389 Code of Iowa 1954, the cost of expense of said construction or reconstruction shall be assessed, by resolution, against the lot or parcel of ground in front of which the same has been constructed or reconstructed. Said resolution shall I be introduced at a regular meeting of the city council, a hearing thereon fixed, and the city clerk duly authorized to publish notice thereof. All objections II to the cost and all objections to the prior proceedings, on account of errors, irregularities or inequalities, must be in writing and filed with the city &lerk prior to the date fixed for said assessment and if not so made shall be deemed waived, except where fraud is shown. Section 18. Payment Under Waiver. Unless the owner of any lot or parcel of land against which an assessment for a sidewalkiis made, shall withi I I thirty (30) days from the date of assessment file written objections to the legality) or regularities of the assessment or levy of such tax upon and against his property, such owner shall be deemed to have waived objections on these grounds, and shal� have the right to pay said assessment with interest thereon not exceeding six per cent (6%) per annum in seven (7) equal annual installments, the first of which shall mature and be payable on the date of said assessment and the others, with i interest on the whole amount unpaid, annually thereafter, at the same time and iril the same manner as the March semi-annual payment of ordinary taxes, provided' that if the aggregate of all assessments against the property of an owner is twenty-five dollars ($25. 0 0) or less, such assessments shall be paid in one installment and within thirty (30) days following the levy. Section 19. Repeal. All ordinances or parts of ordinances in conflict herewith, particularly ordinance no. 585 are hereby repealed. Section 20. Penalty. Any person, firm, or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor and upon convictio thereof shall be fined a sum not exceeding one hundred dollars ($100. 00) and in default of payment thereof may be committed to the city or county jail for a term of not exceeding thirty (30)'days. Section 21. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 27th day of September, 1955. J. W. Prather,,-City Clerk J. P. Lawlor, Mayor Moved by Bliss and seconded by Judge that Ordinance No. 818 be passed on its first reading. Voting Aye: Griffith, Judge, De Hart, Bolton and Bliss Voting Nay: None Ab sent: Smith Moved by Judge and seconded by De Hart that the rules governing the passage ofl ordinances be suspended, the second and third readings omitted and Ordinance No. 818 be placed on its final passage. Voting Aye: Griffith, Judge, De Hart, Bolton and Bliss Voting Nay: None Absent: Smith Moved by De Hart and seconded by Griffith that Ordinance No. 818 do now pass. Voting Aye: Griffith, Judge, De Hart, Bolton and Bliss Voting Nay: None Absent: Smith Mayor Lawlor declared Ordinance No. 818 duly adopted. I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 818 was duly and properly passed at a meeting of the City Council on the 27th day of September, 1955 and published dodifying on the _6 day of 195 J. W. Prather, CityClerk `