[CC 1984 §§20.500, 20.560; Ord.
No. 553 §§2(2.010), 3(3.010), 11-14-1988]
A.
Every
owner of any lot or tract of land in the City which fronts or abuts
upon any street, avenue or other public highway upon which there is
no sidewalk, curb or gutter may be directed by the City to construct
a sidewalk, curb or gutter along or adjacent to such property as provided
in this Chapter.
B.
All
sidewalks, curbs and gutters shall be constructed, reconstructed or
repaired at the expense of the owner of the lot or tract fronting
or abutting thereon by the levy of a special assessment against such
lot in proportion to the front foot thereof including the extension
of curbs and sidewalks to the curb lines each way on corner lots and
in conformity with all applicable ordinances.
C.
It
shall be the duty of the owner of property which fronts or abuts any
sidewalks in the City to keep such sidewalk in good repair at all
times. If any such owner fails to do so, the sidewalk, curb or gutter
may be repaired by the City as hereinafter provided and the cost of
the repairs shall be assessed as a special tax against such abutting
property also as hereinafter provided.
[Ord. No. 1114 §1, 5-11-2015]
A.
From and after the date of passage of this Section, property owners
that have existing sidewalks or curbs and guttering fronting or abutting
their lot or tract of land, shall not be responsible for the cost
of reconstructing, repair or replacing said sidewalks and curbs, but
only in the event that the reconstruction, repair and replacement
is ordered and deemed necessary by the City as part of a project to
reconstruct, repair or otherwise improve the existing street, sidewalks,
curbs, storm water control structures or other City facilities which
fronts or abuts the property owner lot or tract of land.
B.
Nothing in this Section shall be construed to limit or remove property
owner responsibility for the regular and ongoing maintenance and repair
of existing sidewalks and curbs and guttering fronting or abutting
their lot or tract of land.
C.
Nothing in this Section shall be construed to limit or remove property
owner responsibility for the construction of new sidewalks, curbs
and guttering upon a lot or tract of land fronting and abutting any
street, avenue or public highway of the City, and upon which there
is no existing sidewalk, curb or gutter. Owners of such property may
be directed to construct such new sidewalks, curbs and gutters at
property owner expense as otherwise provided for by ordinance and
Municipal Code of the City of New Haven.
D.
Notwithstanding the above Subsection, the City may participate in
all or a portion of the costs of construction of new sidewalks and
curbs and gutters, as may be ordained by the Board of Aldermen of
the City of New Haven.
[CC 1984 §20.570; Ord. No. 553 §3(3.020), 11-14-1988]
When, after review of the inspection report provided for in Section 510.080 hereof and in the judgment of the City, the construction or reconstruction of any sidewalk, curb or gutter shall be deemed necessary or upon the petition of any ten (10) citizens of the City, the Board may by ordinance order and provide for the construction or reconstruction of the sidewalk, curb or gutter in accordance with the requirements of this Chapter.
[CC 1984 §20.580; Ord. No. 553 §3(3.025), 11-14-1988]
A.
After
review of the inspection report or from other information that any
sidewalk, curb or gutter may be in a dangerous or defective condition
or which is not located upon the established grade and line for sidewalks
or which does not conform to the specifications and requirements for
sidewalks as provided by ordinance, the Public Works Director shall
notify the adjoining and abutting property owner of such condition
as provided in 510.250.
B.
Said
notice shall be dated, set forth the particular violation or violations,
set forth a time of removal of the defect or violation of the notice
shall further notify the property owner that he/she shall have the
right to protest the finding by filing protest in writing fifteen
(15) days after date of service or last date of publication with the
City Clerk.
[CC 1984 §20.590; Ord. No. 553 §3(3.030), 11-14-1988; Ord. No. 879 §§2 — 3, 12-11-2006]
A.
When
written protest is timely received by the City, the Board of Aldermen
shall order a hearing to be held within thirty (30) days of receiving
the protest to receive evidence on the alleged violation. The fronting
or abutting property owner may present evidence at said hearing. The
Board of Aldermen shall give written notice of hearing to protester
at least ten (10) days prior to meeting.
B.
The
Public Works Director shall first present any evidence he/she might
have substantiating the condition of the sidewalk, curb or gutter
which makes it subject to condemnation and then the property owner
may present any evidence or witnesses to the Board of Aldermen to
refute the evidence or finding of Public Works Director.
C.
The
Board of Aldermen shall make a finding within forty-five (45) days
of the hearing and so notify the property owner concerned in writing
of its finding and intentions.
[CC 1984 §20.600; Ord. No. 553 §3(3.040), 11-14-1988]
The Board of Aldermen may by ordinance condemn any sidewalk,
curb or gutter which it finds to be in a dangerous or defective condition
or which is not located upon the established grade and line for sidewalks
or which does not conform to the specifications and requirements for
sidewalks as provided by ordinance and may provide for the removal
of any sidewalk, curb or gutter so condemned. Provided however, that
the cost of condemnation and removal of sidewalks shall be paid by
the City.
[CC 1984 §20.610; Ord. No. 553 §3(3.050), 11-14-1988]
When any sidewalk, curb or gutter in the City has been so condemned
by ordinance, it shall be the duty of the owner of the lot or tract
fronting or abutting thereon to construct or reconstruct the sidewalk,
curb or gutter according to the requirements of this Chapter in the
same manner as required in the original construction of sidewalks,
curbs or gutters.
[CC 1984 §20.620; Ord. No. 553 §3(3.060), 11-14-1988]
If any property owner fails, neglects or refuses to construct
or reconstruct any sidewalk, curb or gutter in compliance with the
provisions of this Chapter, the Board shall make an order of record
requiring and directing the property owner to construct or reconstruct
the sidewalk, curb or gutter stating in the order the kind of materials
to be used, the width of the sidewalk, the legal description of the
property along or abutting on which the sidewalk, curb or gutter is
to be constructed or reconstructed, the name of the owner thereof,
and the time within which such order must be complied with fully,
which time shall not be less than thirty (30) days from the date on
which the order is served.
[CC 1984 §20.630; Ord. No. 553 §3(3.070), 11-14-1988]
The Public Works Director shall immediately serve a certified
copy of the order upon the property owner. If any such property owner
is not a resident of the City and has no known agent or representative
residing in the City upon whom notice may be served, then the Board
shall mail a copy of the order to the last known address of the property
owner and shall cause the order to be published in some newspaper
published in the City for two (2) consecutive weeks.
[CC 1984 §20.640; Ord. No. 553 §3(3.080), 11-14-1988]
Any property owner upon whom has been served an order of the Board to repair, construct or reconstruct any sidewalk, curb or gutter, who shall fail to comply with the order within the allowed time shall be deemed guilty of an ordinance violation and on conviction thereof shall be punished in accordance with Section 100.220 of this Code.
[CC 1984 §20.650; Ord. No. 553 §3(3.090), 11-14-1988]
Upon the passage and approval of an ordinance for the construction
or reconstruction by contract of any sidewalk, curb or gutter in the
City, it shall be the duty of the Public Works Director immediately
to prepare and file in the office of the City Clerk an estimate of
the cost, per cubic yard or square yard as the case may be, of the
improvement, including all necessary grading and filling, removal
of any obstruction, construction of necessary approaches and materials
to be used. The estimate shall show each lot or tract fronting or
abutting upon the sidewalk to be improved and the estimated cost for
each lot or tract. No contract shall be let in which the bid exceeds
such estimate.
The Board may by ordinance order the Public Works Director to
proceed to construct or reconstruct the sidewalk. If the Board does
not order the Public Works Director to commence such work, no contract
shall be let for the construction or reconstruction of any sidewalk,
curb or gutter as provided by this Article, until an advertisement
for bids for the doing of the work shall have been published in at
least one (1) issue of a weekly newspaper published in the City. The
date of the opening of the bids shall be set at least ten (10) days
after the date of the first (1st) publication of said advertisement
for bids.
[1]
Editor's Note: Ord. No. 1283 also changed the title of this
Section from "Advertisement For Bids" to "Advertisement For Bids Or
City May Do Work."
[CC 1984 §20.670; Ord. No. 553 §3(3.110), 11-14-1988; Ord. No. 1283, 6-10-2019]
All such bids shall be opened on the specified date in the presence
of the Board of Aldermen. The Board shall let the contract for the
work by ordinance to the lowest and best responsible bidder. If no
bids were advertised for or if no bids are received or if bids received
are rejected, the Board may re-advertise for bids or may by ordinance
order the Public Works Director to proceed to construct or reconstruct
the sidewalk, curb or gutter according to the specifications adopted
therefor, keeping an accurate account of the cost of the separate
items therefor. In no event shall the cost of the work done by the
Public Works Director exceed the estimate.
[CC 1984 §20.680; Ord. No. 553 §3(3.120), 11-14-1988]
A.
When
any sidewalk, curb or gutter has been constructed or reconstructed
by the Public Works Director as herein provided, the Board shall pay
all costs of the work out of any funds available for that purpose.
Upon the completion of the work and its acceptance by the City, whether
the same shall have been done by contract or by the City the Board
shall by ordinance levy the cost thereof as a special assessment against
each lot or tract fronting or abutting on the sidewalk or other improvement
in the manner hereinafter provided.
1.
The special assessment shall be levied by ordinance which shall state
the number and title of the ordinance authorizing the doing of the
work, the description of each lot or tract assessed, the name of the
owner thereof, the number of front feet therein abutting on the improvement,
the separate items of cost of said improvement and the total amount
thereof.
2.
The ordinance shall further provide for the making out of special tax bills by the City Clerk payable to the contractor doing the work or to the public works contractor for and to the use of the City of New Haven if the work has been done by the City or if the procedure allowed in Section 510.330 hereof has been elected by the Board of Aldermen. All special tax bills shall be collected in the same manner as other tax bills and as otherwise provided in this Chapter.
3.
A separate tax bill shall be issued against each lot or tract of
ground against which an assessment has been made. Each bill shall
state the name of the owner of the lot or tract, a description of
said lot or tract, the number of front feet abutting on the improvement,
the number of the improvement ordinance under which the work was done,
the number assessment ordinance under which the tax bill is issued
and the different items of the improvement and the total cost thereof.
4.
All tax bills issued as herein provided shall be due sixty (60) days
after their issue and shall bear interest from maturity at a rate
not to exceed the rate on ten (10) year United States Treasury notes,
as established at the most recent auction, as fixed in the assessment
ordinance.
5.
All special tax bills shall be certified by the Public Works Director
or other person making the computation of the cost for the City and
shall be signed by the Mayor and attested by the City Clerk under
the Seal of the City of New Haven.
6.
All special tax bills shall, before delivery, be recorded by the
City Clerk in a book kept for that purpose. It shall be the duty of
the Clerk to release the tax bills on the margin of the record upon
their presentation by the holder or the assignee thereof and duly
marked "paid" or when it is shown by other satisfactory evidence that
such tax bills have been paid in full.
[CC 1984 §20.690; Ord. No. 553 §3(3.120), 11-14-1988]
A.
The
special tax bills issued against any property, except that owned by
the United States of America, the State of Missouri or any State institution,
County, township or City, shall be and constitute a first (1st) and
prior lien thereon, subject only to the lien of general State, County
and City taxes, which lien shall continue for a period of three (3)
years from and after the maturity of the tax bills and until the final
determination of any legal proceedings to collect the same.
B.
Any
real estate owned by the State of Missouri or by any State institution,
County, township or City abutting on the improvement shall be liable
for the cost of such improvement the same as other property and an
assessment shall be made thereon and tax bill issued in the same manner
as against other property, but said tax bill so issued shall constitute
a valid claim, but not a lien, against such State, State institution,
County, township or City and shall bear interest at a rate not exceeding
eight percent (8%) per annum from thirty (30) days after issue until
paid.
[CC 1984 §20.700; Ord. No. 553 §3(3.130), 11-14-1988]
When the advertisement for bids and the contract so provides,
any person who accepts a contract with the City for work under this
Chapter shall be paid in special tax bills made in conformity to this
Chapter and the laws of the State of Missouri.
As an alternative to the procedure provided in foregoing Sections
of this Chapter, the Board of Aldermen may, when deemed to be in the
best interest of the City, arrange for the financing of the cost of
sidewalk, curb or gutter expenses as provided for in Chapter 88, RSMo.
[CC 1984 §20.720; Ord. No. 553 §5, 11-14-1988]
Violation of any provision of this Chapter, for which no specific penalty is provided, shall be as set forth in Section 100.220 of this Code.
