Chapter 9.30
SIDEWALKS, CURBS AND GUTTERS
Sections:
9.30.010 Notice to construct or repair.
9.30.050 Payment of assessment – Failure constitutes lien.
9.30.060 Certification of assessment to county.
9.30.070 Sidewalks – Specifications.
9.30.090 Curbs and gutters – Construction requirements.
9.30.100 Curbs and gutters – Grade established.
9.30.110 Cleaning sidewalks – Removal of snow and ice.
9.30.010 Notice to construct or repair.
Whenever the council may deem it necessary that a sidewalk, curb or gutter, or any portion thereof, be constructed or repaired, it may, by resolution passed and adopted by a majority vote of the members, declare the necessity and order the construction or repair of the sidewalk, curb or gutter within 30 days after notice is served upon the owner of the premises in the manner as herein specified. The notice shall be in writing, signed by the director of finance, and shall contain a description of the premises, lots or parcels of ground affected, and the name of the owner. The notice shall be served by the chief of police upon the owner or his agent in the same manner as summons are personally served under the Code of Civil Procedure of the state. In case personal service cannot be obtained within the city, as herein directed, service may be obtained by publication for at least once a week for three consecutive weeks in a public newspaper printed and published in the city. Service shall be complete five days after the date of the last publication. It is hereby made the duty of the director of finance to publish the notice and in case of such publication, he shall also deposit a copy of the notice in the post office addressed to the last known address of the owner named in the notice. (Code 1997 § 9-3-1).
9.30.020 Failure to comply.
In case of failure of any owner to construct or repair any such sidewalk, curb, or gutter within the time herein provided, and in the manner prescribed by the city, the city may construct or repair the same, the work to be done in accordance with the specifications set forth by the city for such work. (Code 1997 § 9-3-2).
9.30.030 Assessment of cost.
Upon the completion of the work contemplated by GMC 9.30.020, the council shall proceed to determine and assess the amount properly chargeable against the delinquent owner and against his lot or parcel of land on account of the construction, rebuilding or repair of the sidewalk, curb, or gutter. (Code 1997 § 9-3-3).
9.30.040 Hearing – Notice.
The council, as soon as may be after such assessment, shall cause to be published for a period of 10 days in some newspaper published in the city, a notice of the assessment, which notice shall contain a description of the abutting lot or parcel of land, the name of the owner thereof, the amount of the assessment and shall designate a time and place at which the owner may be heard by the council as to the justness and correctness of the amount so assessed. The notice shall also be served by the chief of police in the same manner as summons are served under the Code of Civil Procedure of the state, upon any owner that may be found within the city, and if not found within the city, a copy thereof shall be mailed to the last known post office address of the person. The publication for a period of 10 days shall be taken to mean and include at least once a week for three consecutive weeks, and service shall be complete and the hearing may be set at any time after five days have elapsed after the date of the last publication. At the time and place designated in the notice the council shall meet, and if expedient, may adjourn from time to time, and shall hear the owner with reference to the matter. Upon any such hearing the council shall take such final action as shall seem just and proper. (Code 1997 § 9-3-4).
9.30.050 Payment of assessment – Failure constitutes lien.
It shall be the duty of the owner to pay the assessment, or to pay the assessment as modified, as the case may be, within 30 days after such final action, and in case of his failure to do so, he shall be liable personally for the amount of the assessment, and the same shall be a lien upon the respective lots or parcels of land from the time of the assessment, and the city shall have all the remedies for the collection thereof provided by the statutes of this state, including the right to certify the assessment to the proper officers of the county for the purpose of having same placed upon the tax list and collected in the same manner as other taxes are collected, and including the right of sale of property for taxes and the redemption of the same.
The amount of any assessment may be paid to the treasurer at any time before the tax list is placed in the hands of the county treasurer, but thereafter only to the county treasurer. (Code 1997 § 9-3-5).
9.30.060 Certification of assessment to county.
In case the owner shall fail to pay the assessment within 30 days after the final action provided for in GMC 9.30.040, then it shall be the duty of the director of finance to certify the amount of the assessment to the proper county officers as provided by law. (Code 1997 § 9-3-6).
9.30.070 Sidewalks – Specifications.
The material and method of constructing sidewalks shall conform in all respects to the specifications adopted by the council. These specifications shall be on file in the engineer’s office at all times. (Code 1997 § 9-3-7).
9.30.080 Bond required.
Every person engaged in constructing sidewalks, crossings, curbs or gutters shall, before entering or engaging in work, enter into and give a bond to the city in the penal sum of $1,000, with good and sufficient sureties to be approved by the council, which bond shall be filed with the director of finance and be conditioned that all cement work constructed by the person shall be done in accordance with the provisions of this chapter and regulations established by the council and the bond shall be in effect for one year after completion of the work. (Code 1997 § 9-3-8).
9.30.090 Curbs and gutters – Construction requirements.
All curbs and gutters constructed in the city shall be constructed in accordance with the following specifications:
A. Curb and Gutter Combined. Curbs and gutters, unless otherwise ordered or permitted, shall be constructed as one unit of construction.
B. Dimensions. The type of curb and gutter and dimensions of the same shall be in accordance with detailed plans and specifications adopted by the council for any particular street, avenue or portion of the city and kept on file with the engineer who shall at all times exhibit the same for inspection of persons interested therein. (Code 1997 § 9-3-9).
9.30.100 Curbs and gutters – Grade established.
All curbs and gutters, or either, as specified by this section, as the case may be, shall be placed along a line and on a grade as marked and established on the ground by the engineer and no curb or gutter shall be placed until it is located and the grade marked and established by the engineer. (Code 1997 § 9-3-10).
9.30.110 Cleaning sidewalks – Removal of snow and ice.
A. Generally. The owner, occupant, or agent of the owner of any building, property, or vacant lot in the city is required to maintain the sidewalks, parking area, and curbs (the area from the property line to the gutter) adjoining the building, property, or vacant lot in a clean condition and to remove snow and ice from adjoining sidewalks within a reasonable time after every snowfall in order to give safe passage to pedestrians.
The obligation to remove snow and ice from the adjoining sidewalk imposed by this section shall not extend to the removal of snow and ice deposited upon a sidewalk lying parallel to the curb of the adjacent roadway, as a result of snow removal from the adjacent roadways by the city of Gunnison, where the snow and ice are plowed to roadway edge. The owner, occupant, or agent of the owner of any building or property, or vacant lot, is required to remove snow deposited upon a sidewalk or driveway or parking area by snow removal operations of the city of Gunnison that are perpendicular to the curb of the adjacent roadway.
B. Violation. Any violation of this section, which continues after the giving of 24 hours’ written notice, is a misdemeanor. (Ord. 16-2017 § 5; Ord. 13-2000 § 1; Code 1997 § 9-3-11).
9.30.120 Cooperative repairs.
Notwithstanding the provisions of GMC 9.30.010 through 9.30.090, should the city council determine during or through the budgetary process that it has sufficient funds available to effect needed repairs or replacement of existing curbs, gutters, and sidewalks, the city council may order such repairs by appropriating funds in the annual municipal budget. Such determination shall be made according to the availability of funds and the condition and priorities of the defects, which shall be set by the city council.
Any such expenditures shall only be made on a cooperative basis with the abutting land owner contributing a proportionate share in either cash or material. (Code 1997 § 9-3-13).