[R.O. 2011 §540.010; Ord. No. 00-12 §1, 4-12-2000; Ord. No. 2019-13, 4-8-2019]
Statement Of Policy.
It shall be the responsibility of each owner of real property within the City of Trenton to construct, maintain, repair and replace the public sidewalks, curbs and gutters adjacent to such property in good repair and a safe condition and in accordance with the requirements of this Chapter.
It shall be unlawful to construct, maintain, repair, remove or replace any sidewalk, curb or gutter within the City except in strict conformity to the requirements of this Chapter.
Supervision. All maintenance and repair of public streets, alleys, sidewalks, curbs and gutters, and other public ways shall be under the supervision of the City Engineer or, in his or her absence, the Street Superintendent. Such official is hereby authorized to enforce this Chapter by appropriate proceedings.
Shade Trees And Awning Posts.
No shade trees shall be planted by an adjoining lot owner on the curb side of the sidewalk except such trees as are named on a list administered by the Tree Committee. Any property owner who plants an unapproved variety of tree shall bear the cost of removal of such tree.
All porch and awning posts shall be set on the lot side of the sidewalk.
Inspection. The City Council may cause sidewalks and curbs and gutters, as well as any other City owned rights-of-way within the City to be periodically inspected by such person as may be designated from time to time by the City Engineer or Street Superintendent. A written report of the results shall be submitted to the City Council for their consideration.
Defects. Every City Officer and employee becoming cognizant of any defect in any street, alley or sidewalk or any obstruction thereof should report the same to the City Engineer or Street Superintendent as soon as possible.
Obstructions, Encroachments And Openings. It shall be unlawful to cause, create, construct or maintain any obstruction of any street, alley and sidewalk or other public way, including any building or structure which encroaches upon any sidewalk, public street or other public property and also including any opening or stairway in any sidewalk or other public area, without a permit therefore from the City Council, except as may be permitted specifically by ordinance.
Deposits — Responsibility.
It shall be unlawful to deposit on any public sidewalk, curb or gutter any material which may be harmful to the pavement, or any waste material, or any glass or other articles which might cause injury to persons, animals or property.
The owner and occupant of any lot or tract within the City shall be mutually responsible and obligated to keep the gutter and sidewalk in front of such lot or tract clear of mud, dirt, trash and other objects.
Dimensions Of Streets And Sidewalks. The public streets in the City of Trenton, when not otherwise specifically provided for, are hereby dedicated to the uses as follows:
A strip of ten (10) feet in width on each curb side of every street is reserved for use as a sidewalk.
A strip of two and one-half (2.5) feet in width within the curb of the street is reserved for guttering and storm sewers.
The remaining portion of the street is reserved for vehicular traffic.
The City Council may dedicate or order certain parts of streets to be used for park purposes.
Injury Of New Pavements. It shall be unlawful to walk upon or drive any vehicle or animal upon or injure any newly laid street or sidewalk pavement while the same is guarded by a warning sign or barricade or knowingly to injure any soft or newly laid pavement.
[R.O. 2011 §540.020; Ord. No. 00-12 §2, 4-12-2000; Ord. No. 2014-41 §1, 10-27-2014]
Owner To Bear Expenses. Except as set forth in this Chapter, all sidewalks, curbs and gutters shall be constructed, reconstructed or repaired at the sole expense of the owner of the lot or the tract fronting or abutting thereon by voluntary payment or 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 curblines each way on the corner lots, and in conformity with all applicable ordinances. The City may pay a portion of the cost of construction, reconstruction or repair of sidewalks as follows:
Specifications. All sidewalks, curbs and gutters constructed within the City shall conform to the following specifications:
Cement. All cement used in a concrete sidewalk shall be of good grade of standard Portland cement, which will pass the standard test specified by the American Society for Testing Materials or the standard test required by the State Highway Department. Any cement failing to meet either of these tests shall be removed from the work and not used in any part thereof.
Concrete. The concrete mixture shall be a minimum of six (6) sack mix meeting class requirements per Missouri State Highway Department standard specifications.
Subgrade. The area in which a sidewalk is to be constructed shall be excavated or filled so that the subgrade shall be a true plane which is parallel with, eight (8) inches below, or as approved by the City Engineer, Street Superintendent or his or her designee and in true conformity with the established sidewalk grade as fixed by such official.
Foundation. The sidewalk foundation shall consist of a level bed of clean tailings, crushed rock, or river or bank gravel deposited on the subgrade.
Finish course. The sidewalk shall consist of a layer of Class B concrete, a minimum of four (4) inches thick, being floated, troweled, edged and broom finished.
Dimensions. Sidewalks shall be four (4) feet in width, unless otherwise approved in the plans and specifications submitted to the City Engineer or other designated official.
Expansion of construction joints. The beginning of each new section or the tie in of any old and new section shall be separated by an expansion joint. Runs of sidewalk poured in lengths exceeding eight (8) feet shall have construction joints sawed a minimum of one-fourth (1/4) of the thickness of the concrete every six (6) feet. Such joints shall be placed at right angles to the linear dimensions of the sidewalk and be sawn into newly poured concrete no later than forty-eight (48) hours from the time of the pour.
Driveways. Where driveways are necessary across a sidewalk area, the driveway shall be built, in all respects, in the manner above described for sidewalks, except that the thickness of the concrete shall be six (6) inches, shall be finished with a longitudinal groove or corrugation providing a good traffic surface and shall be reinforced with wire mesh or other good material approved by the City.
Protection and curing. After the construction of the sidewalk as specified above, the work shall be protected from damage by vehicles, pedestrians, animals or other cause that might damage the surface of the concrete, and the sidewalk shall be kept thoroughly wet and protected from the sun during hot weather. The barricades or railings provided to keep traffic from the sidewalk shall not be removed without the permission of the City Engineer or Street Supervisor.
Non-concrete sidewalks. Sidewalks may be constructed of materials other than concrete only if a permit therefor has been issued in advance by the City Engineer or Street Superintendent as provided in Section 540.020(C). Such permit may be issued only after the filing of a written application therefor by the property owner demonstrating that the materials and construction technique proposed will result in a finished sidewalk having a stable, uniformly level and non-slippery surface which otherwise conforms to the specification provided herein for concrete sidewalks. Such permit, when issued, shall be conditional upon the proposed sidewalk being constructed in strict conformity with the application, subject to modifications required by the City Engineer or Street Superintendent.
All sidewalks shall be laid to conform to a slope of one-fourth (1/4) inch to the foot, rising from the curbline back to the property line, except where there is a difference in the location of curb and property line or where the intersecting grades make it necessary to combine or change the same; and these points shall be set by the City Engineer or, in his or her absence, the Street Superintendent and worked to by the contractor according to the instructions of such official.
Wheelchair ramps. Wheelchair ramps shall be constructed at all street intersections and crosswalks to conform to requirements of law including, but not limited to, Section 71.365, RSMo.
Retaining walls. If retaining walls are built on the property line, the outer edge of the sidewalk may extend to the retaining walls but the curb edge of the sidewalk shall be on a line with adjoining sidewalks.
Sidewalk openings. Any lawfully maintained opening in a sidewalk shall be flush with the sidewalk and guarded by a suitable strong cover or grate for the protection of the public to the approval of the City Engineer. Any such grate shall rest on a concrete lip at least four (4) inches wide.
Curbs and gutters. All curbs and gutters constructed within the City shall be constructed with forms approved by the City of Trenton, shall be constructed of Class B concrete, and shall conform to all other relevant specifications provided in this Section 540.020.
Reinforcing. All sidewalk replacement will include No. 4 (one-half-inch diameter) re-bars installed horizontally suspended midway of all concrete pours for reinforcement. Requirements will include minimum of two (2) re-bars placed in four-foot sidewalks, three (3) in five-foot sidewalks, and four (4) in six-foot sidewalks.
Permits Required Before Construction. It shall be unlawful to construct or repair any pavement on any public street, alley, sidewalk, curb, gutter or other public way without having first secured a permit therefor. Applications for such permits shall be filed with the Zoning Enforcement Administrator and shall state the location of the intended project, describe the particulars of the materials to be used and their placement, and identify the person or firm who is to do the actual construction work. No permit shall be issued unless the proposed work will conform to the ordinances of the City. The City Engineer or Zoning Enforcement Administrator shall promptly review all such applications and determine if the proposed work conforms to the requirements of the ordinances of the City. If the work does so conform, the City Engineer or Zoning Enforcement Administrator shall issue a permit. If the permit is denied, the City Engineer or Zoning Enforcement Administrator shall give the application a concise written statement of the reasons for the denial. Any applicant may appeal the decision of the City Engineer or Zoning Enforcement Administrator to the City Council.
Inspection Required After Completion. The City Engineer or his or her designee shall inspect all newly constructed sidewalks, curbs or gutters upon completion of the work. Should such official determine the construction not to conform to this Chapter in any way or to have been damaged by rain, frost or any other cause, the work shall be removed and reconstructed as directed by such official. Acceptance or rejection by such official shall be final, subject to review by the City Council upon appeal by the owner or contractor.
Barricades Required During Construction.
Any person laying or repairing any pavement on a street, sidewalk, curb, gutter or other public place or making an excavation in the same shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work. Any such barricade shall be protected by a light at nighttime.
It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley, sidewalk, curb or gutter.
Removal Of Rubbish. The contractor or owner shall, before any curb and gutter work may be accepted by the City, remove from the job site all rocks, broken stone, litter or trash of any kind and leave the street and work in good condition and ready for use.
[R.O. 2011 §540.030; Ord. No. 00-12 §3, 4-12-2000]
Property Owner's Responsibility.
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 Council to construct a sidewalk, curb or gutter along or adjacent to such property as provided in the Chapter.
It shall be the duty of the owner of property which fronts or abuts any sidewalk 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.
Procedure. When, after review of the inspection report provided for in Section 540.020(D) hereof and in the judgment of the City Council, 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 City Council 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.
Condemnation Of Sidewalks Curbs Or Gutters. The City Council may by ordinance condemn any sidewalk, curb or gutter which it finds to be in a dangerous or defective condition or out of repair 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 owner of the lot fronting such sidewalks.
Reconstruction Of Condemned Walks. 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 ordinance in the same manner as required in the original construction of sidewalks, curbs or gutters.
Order To Construct. 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 City Council 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 general description of the character of such sidewalk, giving the kind of materials to be used, the length and 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.
Notice To Property Owner. The City Engineer, Street Superintendent or other officer of the City shall immediately serve by registered mail or personal service 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 City Engineer or Street Superintendent or other officer 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 four (4) consecutive weeks.
Penalty For Non-Compliance With Order. Any property owner upon whom has been served an order of the Council 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 by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).
City May Proceed Upon Non-Compliance. If, at the expiration of fifteen (15) days after the service of said notice if by personal service or mail, or if by publication, at the end of four (4) weeks after such publication such owner shall not, in good faith, have commenced to build and repair any sidewalk and complete the same in a reasonable time thereafter in the judgment of the City Council, the City Council will cause such sidewalk to be built or repaired at the expense of the City pursuant to this Section.
Contracts For Construction Of Sidewalks. 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 City Engineer or other proper official 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 including a reasonable contingency and an amount not to exceed twenty percent (20%) of the total cost of the project for the payment of fees and expenses. No contract shall be let in which the bid exceeds such estimate.
Advertisement For Bids. No contract shall be let for the construction or reconstruction of any sidewalk, curb or gutter, as provided by this Chapter, until an advertisement for bids for the doing of the work shall have been published at least once in the official newspaper published of City. The date of the opening of the bids shall be set in conformance with Chapter 155.
Contract Let Or City May Do Work. All such bids shall be opened on the specified date by the City Clerk. The City Council shall let the contract for the work by ordinance to the lowest and best responsible bidder. If no bids are received or if bids received are rejected, the City Council may re-advertise for bids or may, by ordinance, order the City Engineer or other proper officer 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 City Engineer or other proper officer exceed the estimate.
Special Assessment — Procedure. When any sidewalk, curb or gutter has been constructed or reconstructed by the City as herein provide, the City Council shall pay all costs of the work out of any funds available for the 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 City Council shall, by ordinance, levy the cost thereof as a special assessment against each lot or tract fronting or abutting on the sidewalks or other improvement in the manner hereinafter provided.
The special assessment shall be levied by ordinance which shall state the number and title of the ordinance authorizing 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.
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 Mayor for and to the use of the City of Trenton the work has been done by the City or if the procedure allowed in Section 540.030(N) hereof has been elected by the City Council. All special tax bills shall be collected in the same manner as other tax bills and as otherwise provided in this Chapter.
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 of the assessment ordinance under which the tax bill is issued, and the different items of the improvement and the total cost thereof.
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.
All special tax bills shall be certified by the City Engineer 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 Trenton.
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.
Special Tax Bill A Lien On Property.
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 (in the case of tax bills payable in installments, the lien will expire after the maturity of the installment last maturing) and until the final determination of any legal proceedings to collect the same.
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 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.
Contractor Paid In Special Tax Bills. When the advertisement for bids and the contract so provides, any person who accepts a contract with the City of Trenton 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.
Special Tax Assessment Notes — Procedure. As an alternative to the procedure provided in foregoing Sections of this Chapter, the City Council may, when deemed in the best interest of the City, arrange for the financing of the cost of the sidewalk, curb or gutter expense by means of issuance of special tax bills and tax assessment notes on the following manner.
The special tax assessments made pursuant to this Chapter for constructing and repairing sidewalks, curbs or gutters shall be known as "special assessments for improvements" and shall be levied and collected as a special tax. A special tax bill shall issue therefore and be paid in the manner provided by ordinance. When proceeding under the provisions of this Chapter, the City Council shall cause plans and specifications for all projects, together with an estimate of the total cost for all projects, including construction, construction contingency and fees, and other expenses, and an estimate of the portion of the total cost to be assessed against each property to be benefitted by the project, to be prepared by the City Engineer or other proper officer and filed with the City Clerk, subject to inspection by the public. The Clerk shall cause notice thereof to be published in the official newspaper of the City for seven (7) consecutive weekly insertions in a paper or two (2) insertions in a weekly paper. A public hearing shall be had before the City Council upon the request of three (3) or more citizens of the City, at which hearing citizens may express their assent or objection to such project. These special tax bills may include a reasonable construction contingency and an amount not to exceed twenty percent (20%) of the total cost of the improvements to be used for payment of fees and other expenses, and tax bill may bear interest not to exceed the rate on ten (10) year United States Treasury notes established at the most recent auction. All tax bills shall become due and payable sixty (60) days after the date of issue thereof, except in the case of tax bills payable in installments as herein provided. Every special tax bill shall be a lien against the lot or tract or parcel of land described in said special tax bill for a period of ten (10) years after date of issue, unless sooner paid, except in the case of special tax bills payable in installments, the lien of which shall not expire until one (1) year after the date of maturity of the last installment or until the expiration of litigation brought to enforce the lien of any special tax bill.
The City Council may issue assessment notes secured by a special fund into which the City shall deposit the special tax bills, and the proceeds of any assessment notes issued to a fund reserve, and any other fund to provide additional security for the noteholders as may be required and available for such purposes. The City shall assign to the special fund for the benefit of the holders or registered owners of the assessment notes, or to a trustee for the holders or registered owners of the assessment notes, the special tax bills evidencing the tax liens provided for in this Chapter. Proceeds from the special tax bills so deposited shall be used only for the payment of the assessment notes issued for the particular improvement.
Assessment notes issued pursuant to this Chapter shall be payable solely from the assessment derived or to be derived from the special tax bills issued for the particular improvement and such other funds as deposited in the special fund. No such assessment notes shall constitute an indebtedness of the City within the meaning of any constitutional, statutory, or ordinance restriction, limitation or provision as provided by Sections 88.811 to 88.815, RSMo. The face of each assessment note shall state in substance that the note has been issued under the provisions of Sections 88.811 to 88.815, RSMo., that the general taxing power of the City is not to be pledged to the payment thereof either as to principal or interest, and that the note and the interest thereon are payable solely from the special fund as established pursuant to this Chapter and Section 88.815, RSMo.
When issuing such assessment notes, the City shall covenant with the holders of such notes that it will diligently and faithfully enforce and collect all assessments and interest and penalties thereon arising from the special tax bills and tax liens deposited into the special fund for the particular improvement, and that it will foreclose such tax liens so assigned to such special fund or represented by the special tax bills deposited in the special fund, after such tax liens have become delinquent, and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special funds.
Assessment notes — sale.
All such assessment notes shall be sold at public sale as provided in subdivision (b) of this Subsection or shall be sold at negotiated sale if the City Council shall determine that a negotiated sale is in the best interest of the City. If the City Council determines it is in the best interest of the City to sell such assessment notes at negotiated sale, the specific reasons for such determination shall be recited in the ordinance authorizing the negotiated sale.
Notice of public sale of assessment notes shall contain the following:
The name of the City as issuer;
The issue date, maturity dates, amounts to mature on each maturity date, and interest payment dates;
The time, date and place where bids will be received;
The name, address and telephone number of a person from whom additional information may be obtained; and
Any additional information deemed by the City Council to be pertinent.
Notice of the public sale of assessment notes shall be given by publication in a newspaper of general circulation within the City. Such notice shall be published not more than twenty-five (25) days nor less than ten (10) days prior to the date of the sale.
The City Council may reject any and all bids received for assessment notes offered at the public sale. If the City Council does reject such bids, the assessment notes offered may be sold at negotiated sale at any time within thirty (30) days after the date advertised for the receipt of bids, provided the negotiated sale results in a lower net interest cost in dollars over the life of the issue to the City than the best bid received at the public sale.
The total cost of constructing and repairing sidewalks, curbs or gutters, wherein a special tax bill shall issue therefor, may be paid in ten (10) equal installments as provided in Section 88.816, RSMo. Such tax bills may bear interest not to exceed the rate on ten (10) year United States Treasury notes as established at the most recent auction payable annually from sixty (60) days after the date of issue until paid. The tax bills shall provide that if any annual installment, or the interest thereon, is not paid when due, then all of the remaining installments shall, at the option of the holder of the tax bill, become immediately due and payable. The owner of the property charged with the payment of the tax bill, or the owner of any interest therein, shall have the privilege of paying the whole of any tax bill in full at the time, or on any annual installment payment date of paying in full one (1) or more of the remaining installments not of maturity date.
[R.O. 2011 §540.040; Ord. No. 00-12 §4, 4-12-2000; Ord. No. 2014-42 §1, 10-27-2014]
To encourage the replacement of sidewalks not meeting the requirements of this Chapter, the City hereby establishes a cost-sharing sidewalk replacement program. The following guidelines of the program are as follows:
For repairing defective sidewalks in the City, the City will pay the material costs which shall be based on concrete material for a sidewalk four (4) feet wide by four (4) inches thick. When replacing a section that is connecting to a street line, the City will pay to install a handicap ramp to ANSI/ADA regulations with required ADDAG warning pads.
The property owner will contract to have the repairs made and must provide proof of the ability to pay the property owner's share of the cost to the City prior to the beginning of construction. The contractor must be approved by the City.
The City Engineer or other proper officer will be the final judge as to whether the sidewalk or any property of the sidewalk needs to be repaired.
Sidewalks will be repaired on a priority basis established by the City Council.
The City's total share on the cost-sharing sidewalk replacement program shall not exceed amounts annually budgeted for that purpose.
Cost participation by the landowner can be waived by the Mayor for economic circumstances when the Mayor determines the income of the property owner lacks sufficient resources to pay its share of the costs.
No variance to this policy shall be granted unless four (4) members of the City Council vote in favor of the variance.
[R.O. 2011 §540.050; Ord. No. 00-12 §6, 4-12-2000]
Violation of any provision of this Chapter, for which no specific penalty is provided, shall be an ordinance violation.