Chapter 12.20
SIDEWALK CONSTRUCTION
Sections:
12.20.030 Construction by city.
12.20.040 Request for installation of sidewalks.
12.20.050 Assessment of costs – Satisfaction of liens.
12.20.060 Permit – Completion date.
12.20.070 Permits and standards for sidewalk installation.
12.20.080 Location of sidewalks.
12.20.100 Permit not required.
12.20.110 Certificate of noncompliance.
12.20.120 Construction by city – Assessment for costs.
12.20.010 Council to require.
Whenever the council shall deem it expedient that any new or replacement sidewalk shall be constructed within the city, the council shall pass an ordinance declaring that the construction of such sidewalk is expedient and describe in such ordinance with convenient certainty the location thereof, the kind of material required to be used in the construction thereof and the time within which the same shall be completed. The property owners resident within the city shall be allowed at least 60 days and property owners nonresident in the city shall be allowed 90 days within which to complete the construction of any such sidewalk. Such ordinance shall provide that such sidewalks are to be constructed at the expense of the adjacent and abutting property or at the general expense of the city and shall provide that the actual costs not exceeding 15 percent of the amount of the cost for engineering charges for supervision and inspection shall be added to the other cost of such sidewalk and also assessed against the abutting property. [Ord. 546 § 1, 1969.]
12.20.020 Notice.
If such sidewalk as mentioned in JCMC 12.20.010 is to be constructed at the expense of abutting and adjacent property, a notice containing the substance of the ordinance provided for in such section shall be personally served by a policeman of the city on each owner of property required to construct such sidewalk, if such property owner is a resident or can be found in the city; provided, that if such property owner resides out of the city, or if a resident owner, and he cannot with reasonable diligence on the part of the policeman serving the notice be found therein, a notice containing the substance of such ordinance shall be posted in a conspicuous place upon such adjacent or abutting property or at some point adjacent to and within plain sight of the location of the proposed walk for a period of 10 days. If the address of such nonresident owner of the abutting or adjacent property is known or can with reasonable diligence on the part of the policeman serving the notice be ascertained, a copy of such notice shall be mailed, postage prepaid, to such nonresident owner and such posting and mailing of notice shall be deemed equivalent of personal service.
The policeman serving the notice shall make an affidavit of service within five days after the service of the same and file such proof of service in the office of the city recorder. [Ord. 546 § 2, 1969.]
12.20.030 Construction by city.
In all cases of failure of any owner of such property as referred to in JCMC 12.20.020 to construct such sidewalk as provided in this chapter and according to such declaratory ordinances mentioned in JCMC 12.20.010, after the service of notice as provided for in JCMC 12.20.020, the council may proceed with the construction of such walk in the manner following:
A. The power and authority to construct any such walk as aforesaid is hereby delegated by the council to the superintendent of public works and to the chairman of the street and alley committee of the council, and they are hereby authorized and empowered to construct such walk according to the standard plans and specifications of the city, by hiring men and purchasing the material necessary therefor, and the superintendent of public works is hereby directed to file in the office of the city recorder an itemized statement of the costs of labor and material of any such sidewalk, including therein the actual expense of engineering, supervision and inspection, and the council shall audit and pay such costs in due course; or
B. The council may by motion or resolution direct the city recorder to advertise for bids for the construction of such sidewalk, and such advertisement shall be sufficient if the recorder shall post or cause to be posted in three public places in the city, as below indicated, notices to contractors and property owners asking for bids for the construction of such sidewalk, and stating in such notice the location of such sidewalk and therein notifying contractors and property owners when and where the council will receive bids for the construction of such sidewalk, and also notifying property owners that they may protest against the letting of any such contract, which notice shall be posted in such three public places at least 10 days before the date set for receiving of such bids and remonstrances. One of such notices shall be posted on the property adjacent to or abutting the proposed sidewalk and the other notices is two public and conspicuous places in the city; and the council shall at the time and place stated in such notice consider bids therefor and let the contract for the construction of such sidewalk to the lowest responsible bidder. The posting of such notices and the proof of posting the same by affidavit of the person posting them for a period of 10 days prior to the time of awarding the contract shall be a sufficient publication of such notices.
Upon completion of any sidewalk in either of the aforesaid methods, the council shall by ordinance and after the giving of notice thereof, as provided in Chapter 12.25 JCMC and other provisions of ordinances and laws, assess upon each lot or parcel of land liable therefor its proportionate share of the costs thereof and shall authorize and direct such assessments to be entered in the docket of city liens and make the same a lien upon each lot or part of lot or parcel of land liable for the costs of the construction of such walk, and the same shall be enforced as other liens of the city are enforced. [Ord. 546 § 3, 1969.]
12.20.040 Request for installation of sidewalks.
When 50 percent or more of the properties on a city block shall have installed sidewalks, the building inspector shall request the council to order the installation of sidewalks on all other properties in the block. [Ord. 546 § 4, 1969.]
12.20.050 Assessment of costs – Satisfaction of liens.
Each lot or part thereof or parcel of land shall be liable for the full cost of the construction of such sidewalk in front of and abutting upon it, extending to the curb lines, and, if such assessment is not paid after notice thereof, the council may proceed to levy upon such lot or part thereof, or parcel of land, liable for such assessment and cause the lien thereof to be satisfied by execution and sale, in the manner provided by the charter of the city for the collection of delinquent assessments for the improvement of streets. [Ord. 546 § 5, 1969.]
12.20.060 Permit – Completion date.
Concurrently with the issuance of any building permit for the construction of any dwelling or business structure or any addition to any dwelling or business structure the value of which is $5,000 or more, except for structures within an industrial zone, the owner, builder or contractor to whom the building permit is issued shall obtain a sidewalk construction permit for the construction of a sidewalk within the dedicated right-of-way for the full frontage in which a sidewalk in good repair does not exist. The sidewalk construction shall be completed within the building construction period or within one year after the sidewalk permit is issued, whichever is the lesser. [Ord. 546 § 6, 1969.]
12.20.070 Permits and standards for sidewalk installation.
Before beginning construction or repair of a sidewalk, the owner of the adjacent property or his agent shall obtain a sidewalk construction permit. Unless otherwise authorized by the council, a sidewalk shall be of cement concrete, be five feet wide, and conform to the established grade of the adjacent street and the standard specifications of the city.
The sidewalk construction/repair inspection permit fee shall be $25.00 for the first 50 feet or portion thereof, and $5.00 per additional 50 feet or portion thereof. [Ord. 998 § 1, 1994; Ord. 603 § 1, 1972; Ord. 546 § 6A, 1969.]
12.20.080 Location of sidewalks.
Sidewalks shall be constructed next to the curb line with the following exceptions:
A. Where a previous sidewalk has been constructed within the block, the sidewalk shall conform with the existing sidewalk.
B. A sidewalk may be located over an existing underground public utility, unless in the opinion of the superintendent of public works the sidewalk would interfere with the expansion of underground utilities.
C. In the event of special conditions, the council may upon its own motion permit the construction of a sidewalk in another location. [Ord. 603 § 1, 1972; Ord. 546 § 6B, 1969.]
12.20.090 Mailbox post holes.
Sidewalks constructed in areas receiving service by motor vehicle shall construct sidewalks to provide holes for mailbox posts located in such a manner as to conform to the then-existing regulations of the United States Postal Service. [Ord. 674 § 1, 1976; Ord. 603 § 1, 1972; Ord. 546 § 6C, 1969.]
12.20.100 Permit not required.
The building inspector may issue a permit and certificate allowing noncompliance with the provisions of JCMC 12.20.060 to the owner, builder or contractor when, in his opinion, the construction of a sidewalk is impractical for one or more of the following reasons:
A. Sidewalk grades have not and cannot be established for the property in question within a reasonable period of time.
B. Future installation of public utilities or street paving would of necessity cause severe damage to existing sidewalks.
C. Right-of-way width is insufficient to accommodate a sidewalk on one or both sides of street.
D. Topography or contours made the construction of a sidewalk impractical.
E. The noncompliance provided in subsections (A) and (B) of this section shall be temporary and shall cease to exist when grades are established for sidewalks by the public works department or when public utilities or street paving have been constructed. The permit shall indicate the reason for its issuance. [Ord. 546 § 7, 1969.]
12.20.110 Certificate of noncompliance.
If the owner, builder or contractor considers the construction of a sidewalk impractical for any reason other than those listed under JCMC 12.20.100, the planning commission shall recommend to the council whether a permit and certificate of noncompliance shall or shall not be granted, and the council may grant a permit and certificate of noncompliance. [Ord. 546 § 8, 1969.]
12.20.120 Construction by city – Assessment for costs.
If a sidewalk is not constructed within one year as required by JCMC 12.20.060, then the city may construct a sidewalk for the full street frontage in front of such property and proceed for such construction and the assessment and collection of costs of such improvement as provided by JCMC 12.20.010 through 12.20.050. [Ord. 546 § 9, 1969.]
12.20.130 Penalty.
Any person violating this chapter or any permit issued thereunder shall, upon conviction, be punished by a fine of not more than $100.00 and costs for each such offense. [Ord. 603 § 1, 1972; Ord. 546 § 11, 1969.]