Chapter 12.05
STREET AND SIDEWALK CONSTRUCTION, REPAIR AND MAINTENANCE
Sections:
Article I. Street and Sidewalk Improvements
12.05.010 Establishing streets and sidewalks.
12.05.020 Alterations at expense of owners.
12.05.060 Permission by governing body.
12.05.070 Violation – Penalty.
Article II. Sidewalk Protection
12.05.080 Riding animals on sidewalks.
12.05.090 Violation – Penalty.
Article I. Street and Sidewalk Improvements
12.05.010 Establishing streets and sidewalks.
Whenever the governing body of the Village of Cimarron shall deem it advisable to establish any sidewalk or other grade on any street or alley where no grade has theretofore been established, or to change any established grade, such governing body shall cause the necessary survey to be made and a profile map thereof to be prepared, and when the same shall have been approved by such governing body, such profile map shall be endorsed “approved” by the mayor, attested by the clerk-administrator, and filed with the records of the Village of Cimarron, and the grades on any such street or alley shall thereafter be considered as established and fixed as shown upon such profile map. [Amended during 2014 codification; Ord. 20 § 1, 1912].
12.05.020 Alterations at expense of owners.
All sidewalks shall be built, rebuilt and repaired by and at the expense of the owners of property abutting thereon, in accordance with and under the order, specifications and control of the governing body of the Village of Cimarron, and not otherwise. [Amended during 2014 codification; Ord. 20 § 2, 1912].
12.05.030 Specifications.
Whenever the governing body shall enact an ordinance requiring the owner or owners of any real property abutting any street or avenue to build, rebuild or repair any sidewalk adjacent thereto, and shall cause such owner, owners or person or persons in charge of said property to be served with a copy of such ordinance, such owner or owners shall thereupon build, rebuild or repair such sidewalk within the time and according to the specifications prescribed in such ordinance; and upon the failure of such owner or owners to comply with such ordinance, the governing body aforesaid may build, rebuild or repair such sidewalk, and shall assess and collect upon such real property such amounts as may be necessary to cover the expense of building, rebuilding and repairing such sidewalk. [Amended during 2014 codification; Ord. 20 § 3, 1912].
12.05.040 Required sidewalks.
The respective owners of all lots or fractions thereof, abutting or adjoining that portion of streets and avenues within the Village of Cimarron, New Mexico, hereinafter more specifically mentioned, be and are hereby ordered and required to build, rebuild and complete, at their own expense, a cement sidewalk four feet wide, along, in front of and adjacent to their respective properties, before the first day of August 1913; all said sidewalks to be upon the line and grade to be established by the said governing body, and according to the specifications heretofore adopted by said governing body and now on file with the records of the Village of Cimarron, New Mexico, to which reference is hereby made with the same force and effect as if the same were incorporated herein.
On the north side of Seventh Street from its intersection with Washington Avenue to the east line of Lot No. 6 in Block No. 6, Village of Cimarron, New Mexico. [Amended during 2014 codification; Ord. 25, 1913; Ord. 21, 1912].
12.05.050 Sidewalk lines.
A line extending parallel to the line of property upon all streets, avenues and boulevards within the Village of Cimarron, and through the center of all sidewalks hereafter to be built thereon, is hereby established as and shall be called “the sidewalk line,” and the distance from such property line to such sidewalk line is hereby established as follows, to wit:
A. For sidewalks four feet in width, four feet;
B. For sidewalks eight feet in width, four feet;
C. For sidewalks 10 feet in width, five feet. [Ord. 20 § 4, 1912].
12.05.060 Permission by governing body.
No person or persons shall commence the building or rebuilding of any sidewalk upon any public street, alley or avenue within the Village of Cimarron without having first obtained from the governing body written permission, setting forth the specifications therefor; and no person or persons shall build or rebuild any such sidewalk unless the same be done in accordance with the grade therefor and upon the line thereof, as established by said governing body. [Amended during 2014 codification; Ord. 20 § 5, 1912].
12.05.070 Violation – Penalty.
Any person or persons who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $10.00 or more than $50.00. [Ord. 20 § 6, 1912].
Article II. Sidewalk Protection
12.05.080 Riding animals on sidewalks.
It shall be unlawful for any person or persons to ride or drive any horse or horses, cow or cows, burro or burros, or other beast of burden or vehicle of whatsoever kind, across or along the top of any sidewalk, except at a regular crossing provided therefor. [Ord. 23 § 1, 1912].
12.05.090 Violation – Penalty.
Any person or persons violating VCMC 12.05.080 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $10.00 nor more than $100.00, for each and every offense, in addition to cost of repairing any damage to any sidewalk because of such violations, or by imprisonment in jail for not less than 10 days nor more than 100 days, or by both such fine and imprisonment in the discretion of the court. [Ord. 23 § 2, 1912].