Chapter 12.05
SIDEWALKS
Sections:
Article I. Construction
12.05.010 Construction – Expense borne by property owners.
12.05.020 Construction – Order by resolution – Notice to property owner.
12.05.030 Resolution – Notice – Description of property included.
12.05.040 Notice – Service of delivery.
12.05.050 Noncompliance with notice – Assessment against property.
12.05.060 Cost assessment – Lien upon property.
12.05.070 Abutting property – Chargeable for costs.
12.05.080 Effect on local improvement ordinances.
Article II. Maintenance
12.05.090 Failure to maintain – Notice.
12.05.100 Repairs – Notice to property owner to make.
12.05.110 Repairs – Failure to perform – Cost becomes lien.
12.05.130 Compliance with grades.
12.05.140 Violation – Penalty.
Article I. Construction
12.05.010 Construction – Expense borne by property owners.
In the city of La Center the burden and expense of constructing sidewalks along the side of any street or other public places shall devolve upon and be borne by the property directly abutting therein. [Ord. VI-1-1 § 1, 1915.]
12.05.020 Construction – Order by resolution – Notice to property owner.
Whenever the officer having the care and superintendence of streets and public places in the city of La Center shall report to the city council that the public convenience or safety requires that a sidewalk be constructed along either side of any street or other public place in said city, and if the city council shall deem the construction of such sidewalk necessary or convenient for the public, it shall by resolution order such sidewalk constructed and shall cause notice in writing to be served upon the owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place where said sidewalk in accordance with such resolution. [Ord. VI-1-1 § 2, 1915.]
12.05.030 Resolution – Notice – Description of property included.
The resolution and notice provided for in the LCMC 12.05.020 shall describe each lot, block or parcel of land immediately abutting upon that portion of the street or other public place where the sidewalk is ordered to be constructed and shall specify the kind of sidewalk required, the size and dimensions of the same, the method and the material to be used in construction and shall contain an estimate of the cost thereof, and the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time therein specified the sidewalk will be constructed by the city and the costs and expense thereof assessed against the property abutting thereon and described in such notice. [Ord. VI-1-1 § 3, 1915.]
12.05.040 Notice – Service of delivery.
The notice provided for in LCMC 12.05.030 shall be deemed served if delivered to the owner or reputed owner of each lot, tract or parcel of land affected, or to the authorized agent of such owner, or if a copy thereof is left at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein, or in case such owner is non-resident of the city of La Center, and his place or residence is known, a copy of such notice shall be mailed to such owner addressed to his last known place of residence, or in case the place of such owner is unknown or if the owner of any lot, block or parcel of land affected is unknown then such notice shall be served by publication in two weekly issues of the official newspaper of the city of La Center. Such notice shall specify a reasonable time within which the sidewalk shall be constructed which in the case of publication shall be not less than 60 days from the date of the first publication of such notice. [Ord. VI-1-1 § 4, 1915.]
12.05.050 Noncompliance with notice – Assessment against property.
In case the notice provided for in LCMC 12.05.040 shall not be complied with within the time therein specified, the officer having charge of the care and superintendence of streets and public places in the city of La Center shall proceed to construct the sidewalk forthwith and shall report to the city council of the city at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each lot, block or parcel of land immediately abutting upon the sidewalk, the name of the owner thereof if known, and apportion the cost of the improvement to be assessed against each such lot, block or parcel of land and the city council shall thereupon set a date for hearing any protest against the proposed assessment roll and shall cause a notice of the time and place of the hearing to be published for two successive weeks in the official newspaper of the city, the date of the hearing to be not less than 30 days from the date of the first publication of the notice. [Ord. VI-1-1 § 5, 1915.]
12.05.060 Cost assessment – Lien upon property.
The city council shall at the time of the hearing or at any adjournment thereof by ordinance assess the costs of constructing the sidewalk against the property immediately abutting therein in accordance with the benefits thereto and such assessment shall become a lien upon the respective lots, blocks or parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of the assessment thereon. [Ord. VI-1-1 § 6, 1915.]
12.05.070 Abutting property – Chargeable for costs.
For the purpose of this article property having a frontage on the side or margin of any street or other public place shall be deemed abutting property, and such property shall be chargeable, as provided in this article, with all costs of construction of any form of sidewalk improvement, between the margin of the street or other public place and the roadway lying in front of and adjacent to the property, and the term “sidewalk” as used in this article shall be construed to mean and include any and all structures or forms of improvement included in the space between the street margin and the roadway known as the sidewalk area. [Ord. VI-1-1 § 7, 1915.]
12.05.080 Effect on local improvement ordinances.
This article shall not be construed as repealing or amending any ordinance relating to the improvement of streets or public places by special assessment commonly known as local improvement ordinance, but shall be considered as additional legislation and auxiliary thereto. [Ord. VI-1-1 § 8, 1915.]
Article II. Maintenance
12.05.090 Failure to maintain – Notice.
It shall be the duty of the chief of police to report to the city clerk/treasurer the name of any person or persons who fail to keep in good repair any portion of any sidewalk adjoining property owned by them. [Ord. VI-1-2 § 1, 1950.]
12.05.100 Repairs – Notice to property owner to make.
It shall be the duty of the clerk/treasurer to notify such person or persons by mail to make such necessary repairs within 30 days from the date of such notice. [Ord. VI-1-2 § 2, 1950.]
12.05.110 Repairs – Failure to perform – Cost becomes lien.
A written notice to the last known address of any person or persons not residing within the city limits shall be deemed sufficient notice, and upon failure of such person to make such repairs within 30 days, it shall be the duty of the city clerk/treasurer to report such failure to the street committee, who shall cause such repairs to be made at the expense of the city, and the cost of such repairs shall be assessed against such property and shall be a lien thereon in the same manner as real estate taxes and shall bear interest at eight percent per annum until paid. [Ord. VI-1-2 § 3, 1950.]
12.05.120 Permit – Required.
Any person building or rebuilding any sidewalks within the limits of the city of La Center shall secure a permit to do so by applying to the city council specifying the nature of the sidewalk, its location and the general plan thereof. Such sidewalks shall be not less than four feet in width and four inches in thickness, of regular concrete sidewalk mix, except on Fifth Street East from Main Street to Maple Street, sidewalks shall be not less than six feet in width. [Ord. VI-1-2 § 4, 1950.]
12.05.130 Compliance with grades.
Sidewalks must comply with ordinances of the city of La Center relating to grades from Main Street. [Ord. VI-1-2 § 5, 1950.]
12.05.140 Violation – Penalty.
Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not more than $500.00. [Ord. VI-1-2 § 6, 1950.]