Chapter 12.25
SIDEWALK MAINTENANCE AND REPAIR
Sections:
12.25.020 Responsibility of abutting property owner.
12.25.030 Notice to clean or repair sidewalk.
12.25.040 Failure to comply with notice – City to perform work when – Costs.
12.25.050 Determination of costs – Abutting property defined.
12.25.060 Sidewalk uniformity.
12.25.070 Violation – Penalty.
12.25.010 Defining property.
For the purpose of this chapter, all property having a frontage upon the sides or margin of any street shall be deemed to be abutting property, and such property shall be chargeable, as provided by this chapter, for all costs of maintenance, repairs or renewal of the sidewalk. (Ord. 1429 § 1, 2010).
12.25.020 Responsibility of abutting property owner.
Whenever in the judgment of the city supervisor any sidewalk in the city has deteriorated to the extent as to render the same unfit and unsafe for purposes of public travel, the sidewalk or sidewalks shall be repaired, renewed or maintained at the expense of the owner of abutting property. The city will assist with the removal and reforming of the existing sidewalk that abuts public rights-of-way. The city will not assist with forming any sidewalk that is on private property. The owner is responsible for the purchase and labor associated with new concrete. The city will assist with removal, disposal and forming of sidewalks and those sidewalks must meet International Building Code (IBC) standards. All applicable permits are the responsibility of the property owner. (Ord. 1429 § 2, 2010).
12.25.030 Notice to clean or repair sidewalk.
When the city supervisor has determined a portion of a sidewalk is in need of cleaning, repair or renewal the city supervisor as instructed by the mayor shall cause a notice to be served on the owner of the property immediately abutting such portion of the sidewalk. Such notice shall state the condition thereof, and instruct the owner to clean, repair and renew such portion of the sidewalk.
The notice provided for shall be deemed sufficiently served if delivered in person to the owner of the property or to his authorized agent, or by leaving a copy of such notice at the home of the owner or authorized agent, or if the owner is a nonresident, by mailing a copy to his known address; or accessing the property owner’s address on record with the local county assessor. (Ord. 1429 § 3, 2010).
12.25.040 Failure to comply with notice – City to perform work when – Costs.
The notice described in SBMC 12.25.030, Notice to clean or repair sidewalk, shall specify a reasonable plan and timeline, not to exceed 12 months, within which such cleaning, repairs or renewal shall be executed by the owner, and shall state that in case the owner fails to do such cleaning or to make such repairs or renewal within the time specified in the submitted plan, then the city supervisor as instructed by the mayor will proceed to clean such walk or to make such repairs or renewal forthwith. Any costs associated with the cleaning, repair or renewal will become a lien on said property. The city council will hear any and all protests against the proposed lien. (Ord. 1429 § 4, 2010).
12.25.050 Determination of costs – Abutting property defined.
The council shall, at the time in such notice designated or at an adjourned time or times, assess the cost of such work against the property in accordance with the benefits derived therefrom, which charge shall become a lien upon the property and shall be collected by due process of law. (Ord. 1429 § 5, 2010).
12.25.060 Sidewalk uniformity.
All public sidewalks within the city of South Bend shall be uniform. All nonconformity must have prior approval by the building inspector, city supervisor and the mayor. Any sidewalks poured with a cutout for any foliage, trees, flowers, brush or lamps must have prior approval from the mayor. (Ord. 1429 § 6, 2010).
12.25.070 Violation – Penalty.
Any owner or agent who neglects and refuses to clean or repair, renew or maintain a sidewalk as outlined in this chapter abutting the premises they occupy or own, within the time period given to them in the notice set out in SBMC 12.25.030, Notice to clean or repair sidewalk, after receiving the notice from the city to do the same, shall be guilty of a class 1 civil infraction with a maximum penalty of $500.00, plus statutory assessments, costs and attorney’s fees. Each continued day of noncompliance shall constitute a separate offense. (Ord. 1429 § 7, 2010).