Chapter 13 · Streets and Sidewalks

Article 2. Sidewalks

Sections 13-201 to 13-209 · 9 sections

13-201 Sidewalk; specifications.

All sidewalks constructed, reconstructed or repaired in the city shall be done in accordance with plans and specifications adopted therefor by the governing body and which shall be on file in the office of the city clerk. All work for the construction, reconstruction, or repair of sidewalks shall be carried on under the supervision of the governing body or some officer of the city designated for the purpose.

(R.O. 1955, 10-101)

13-202 Same; location.

All sidewalks constructed or reconstructed in the city shall be located within the street line, not less than one foot from the property line of abutting lots. Plans and specifications authorized by section 13-201 shall provide for the width, thickness and location of all sidewalks and for the replacement of any sidewalk where the same may be used for a driveway entrance or for other purposes than for pedestrian travel. In the business district, any sidewalk many extend from the curb line to the property line as may be required by the specifications therefore.

(R.O. 1955, 10-102)

13-203 Same; new construction.

Where there is no existing sidewalk, the governing body may order a sidewalk constructed when in their judgment the same shall be necessary. The governing body may by motion order any crosswalk to be constructed at the cost of the city.

(R.O. 1955, 10-103; Code 1985)

13-204 Same; condemnation and reconstruction.

When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such sidewalk and authorizing its removal; or condemning such sidewalk and providing for the construction of a new sidewalk in place of the sidewalk condemned.

(Ord. 501, Sec. 1; Code 2004)

13-205 Notice; publication; construction by contract.

The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days, after its publication one time in the official city paper, in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract.

(R.O. 1955, 10-105)

13-206 Bond required.

In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-205 hereof, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, laws of the city, or the state, and for all contracts exceeding $100 entered into by the city for any such purpose, a statutory lien bond shall be furnished.

(R.O. 1955, 10-108)

13-207 Request by abutting owner.

(a)Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meets such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution adopted by the governing body.

(b)If such property owner desires the sidewalk to be constructed or reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body, and the governing body in its discretion may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body.

(R.O. 1955, 10-106)

13-208 Repairs by owner or city.

It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving five days notice to the owner or his or her agent, if known, of the necessity for making repairs, and without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law.

(R.O. 1955, 10-107)

13-209 Storage on sidewalks.

It shall be unlawful for any person, firm or corporation to leave or allow to be left any implements, tools, boxes, merchandise, goods, trash cans, crates, garbage containers, corn poppers, peanut or popcorn roasters, ice cream containers, advertising or showcases on any sidewalk or traveled way in the city longer than is necessary for unloading or loading the same. The governing body may grant temporary permission for a limited time only for the sidewalks or streets to be used by the occupants of premises adjacent thereto when the same shall not endanger or inconvenience the public. The city reserves the right at any time upon notice to the owner or occupant of such premises to order the removal of any such obstruction at the expense of the owner or occupant, the same to be collected as provided by law.

(R.O. 1955, 10-304)