The sidewalks, curbs and gutters within the City shall be laid
on such portions and locations of the streets of the City as the Council
shall by ordinance direct, in accordance with specifications to be
prepared by the City Engineer and approved by Council and upon the
grades established or to be established by the City.
The notice to lay or construct any sidewalks, curbs or gutters
and to repair the same as hereinafter mentioned shall be given by
the City Manager or other person designated by the City Council.
The person serving or giving the notice required by the preceding
section shall return to the City Manager the bottom or stub part of
the notice and shall endorse the time and manner of service thereof,
and the retained bottom of the stub shall be filed with the City Manager,
who shall see to its careful preservation.
Before any sidewalk, curb or gutter is laid or repaired by the
City upon the failure of the abutting property owner to lay or repair
the same after due notice as provided in this article, the person
authorized to award the contract for the work shall first ascertain
that all the proper notices have been given or served as required
by law and the provision of this article.
When any ordinance is passed directing the laying or constructing of any sidewalks, curbs and gutters, and the street or part thereof upon which the same are to be constructed is ready to receive the same, the person mentioned in § 303-19 shall give notice to the property owners to lay or construct their sidewalks, curbs or gutters in front of their respective premises within 30 days from the time of the service of such notice or within such further time as the Council may in its discretion provide.
The notice to lay or construct sidewalks, curbs or gutters or
to repair the same shall be served upon or given to the owner if he
or she resides or can be found within the City by the person serving
the notices. Where the owner does not reside or cannot be found within
the City, the notice may be served upon his or her agent in the City,
if there is one, or, if there is no such agent, upon the occupants
of the premises if such premises are occupied. If the premises are
unoccupied, service shall be by posting the notice in a conspicuous
place upon the premises. In all cases where the owner is a nonresident
and his or her address is known by the person serving the notice,
the notice shall be sent by registered letter to the respective nonresident
owner in addition to the other services of notice required by this
section. The Council may also, by resolution, provide for publication
as to nonresident owners.
In case of the failure, neglect or refusal of the property owner
to lay or construct or cause to be laid or constructed the sidewalks,
curbs or gutters within the time specified or provided in the notice,
the same shall be laid by the City at the cost and expense of the
owner of the property in front of or along which the respective sidewalk,
curb or gutter is laid, and the costs and expenses of the work and
materials shall be collected from the property owner in an action
of assumpsit or by the filing of a lien therefor in court and proceedings
therein as provided by law.
[Amended 4-14-1992 by Ord. No. 1518]
In case the owner, after due notice, where the same is necessary
to be given, fails, neglects or refuses to lay or construct sidewalks,
curbs or gutters in front of his or her respective premises or to
repair the same, it shall be lawful for the City to contract for and
do the work as the agent of the respective owner. The City Council
or any person authorized by the Council shall contract for the performance
of the work. The City Engineer shall see that the work is done as
provided by the contract and the ordinances of the City.
[Amended 4-14-1992 by Ord. No. 1518]
After completion of the work, the contractor shall make out
an itemized bill of the cost and expense of the sidewalk in front
of the respective premises and present the same for approval to the
City Council.
Upon the approval of the bill and a certificate thereon by the
City Engineer that the work has been properly done as provided by
this article and other ordinances
of the City, the contractor shall deliver the same to the City Manager,
and in case the person liable to pay the claim fails, neglects or
refuses to pay the City Attorney the amount due within 60 days from
the completion of the work, he or she shall collect the same by action
at law or by filing of a lien in court as aforesaid and proceedings
thereon as in the case of municipal liens.
The contractor for the construction of any sidewalk, curb or
gutter constructed by or under the direction of the City upon failure
of the property owner to construct the same after due notice shall
give notice to the City Engineer of the time of the beginning of the
work and also of the time of its completion.
Any action at law brought and any lien filed in court for the
costs and expenses of laying or constructing sidewalks, gutters or
curbs or repairing the same as required by this article shall be for
the use of the contractor, and the City shall not be otherwise liable
for the claim; provided, however, that it shall be competent for Council
to order otherwise and to pay the contractor for the construction
and repair of sidewalks, curbs and gutters by appropriation made from
the general revenues of the City and to collect the costs and expense
by action at law or by lien as aforesaid for its own use, and the
City Engineer, when requested, shall furnish the City Attorney, in
all cases, with a description of the respective premises against which
a lien is proposed to be filed.
All claims for work shall bear interest from the completion
of the work unless paid within 60 days.
When any sidewalk, curb or gutter is out of repair, the owner
thereof shall repair the same, and in case of neglect, refusal or
failure properly to repair after due notice, the same shall be repaired
at the cost and expense of the abutting property owner. The cost and
expense thereof shall be recovered in the same way and manner as required
by this article and by law provided for the collection of the cost
and expense of the laying or construction of sidewalks.
When the condition of the sidewalk, curb or gutter is such that,
in the opinion of Council or any properly delegated officer thereof,
the public safety demands its immediate repair, the notice shall require
the property owner to repair without delay.
In case the property owner is a nonresident, not known or cannot
be immediately notified, then no notice shall be required, but the
person authorized in this article shall immediately cause the necessary
repairs to be made by the City.
When the repairs required are such that, in the opinion of the
Council of the City or its properly delegated officer, the public
safety does not require the immediate repair of the same, the property
owner must repair the same within 15 days from the time of notice,
and when the repairs require the repairing and reconstruction of sidewalks,
curb or gutter, the owner shall perform the work within 30 days from
the time of such notice or within such further time as the Council
may, in its discretion, provide; provided, however, that in case the
sidewalk, curb or gutter is in such condition that its repair is necessary
before the end of the 30 days, then the owner shall be required to
repair the same immediately or within 15 days, according to the condition
of the walk, curb or gutter as aforesaid.
The notices in all cases state what is to be done and the time
within which it must be completed and shall be conclusive that the
work is such as is required to be done within the time fixed in the
notice.
Where the work done is repairing or reconstruction of sidewalks,
curbs or gutters, the contractor shall furnish a bill in the manner
specified in this article in the case of new work, and the same proceedings
shall be taken for the collection of the bill for repairs, repairing
and reconstruction as are provided for the collection of the costs
for the original laying and construction of sidewalks or curbing;
provided, however, that before any final assessment for any such work
shall be made against abutting property owners, due notice of the
making of such assessment and an opportunity to be heard thereon shall
be given to all the property owners affected thereby.
A.
The slope of the sidewalk shall raise 2% or 1/4 inch to one foot
from the curb to the property line, except at street or alley intersections,
where special instructions shall be secured from the City Engineer.
B.
The concrete shall be of first-class materials, forms accurately
set to line and grade, and the entire process shall be finished in
a workmanlike manner.
C.
The walk shall be constructed of at least five inches of concrete
of one to two to three mix laid in one operation and shall be finished
without the use of a top dressing. The concrete shall be rammed or
rolled in order to secure a dense mass five inches thick. The surface
shall be finished with a broom, and no smooth surface shall be accepted.
D.
The slabs shall be cut entirely through into blocks not to exceed
five feet along the curb. The blocks, if laid for single lots, should
be arranged to and exactly in the various lot lines.
E.
Where the total sidewalk will have a width of more than seven feet,
an expansion joint shall run longitudinally to the sidewalk 18 inches
from the rear of the curb.
F.
Expansion 3/8 inch thick and five inches wide shall be used next
to the curb, and at least two thicknesses of tar paper shall be used
to separate the sidewalk from existing foundations of the buildings.
Where a continuous laying of sidewalks occurs in front of several
lots, three-eighths-inch expansion shall be placed every 50 feet.
Where a pouring occurs for only one twenty-five-foot lot, at least
two thicknesses of tar paper shall be placed between the abutting
walks.
G.
The concrete sidewalk shall be placed on a six-inch tamped cinder
base.
A.
Sidewalk excavations shall be made from the top of the curb to a
depth of eight inches to subgrade, the subgrade to fit and to conform
to a one-fourth-inch rise across the sidewalk width from the back
face of curb.
B.
The earth subgrade shall be properly tamped with a vibrating tamper
before the granulated slag is placed on the subgrade.
C.
Granulated slag shall be tamped in place with a vibrating tamper
to a depth of four inches and shall serve as a base for the concrete
sidewalk.
D.
If and when the subgrade is too dry and the temperature is above
72° F., the granulated slag subgrade shall be sprinkled with water
from a fine spray, without pressure, so as not to disturb the subgrade.
E.
All forms that come in contact with the concrete to be poured shall
be oiled to avoid sticking when stripping forms.
F.
Concrete shall be normal strength, of one to two to three mix, one
part cement, two parts sand and three parts slag or gravel, and shall
be laid abutting the required width with a thickness of four inches.
G.
The concrete sidewalk shall be separated from the concrete curb by
expansion material 1/2 inch thick and four inches in depth. Surface
of concrete sidewalk shall conform to a one-fourth-inch rise to one
foot from the back edge of curb. The concrete sidewalk shall be cut
transversely in blocks of five feet extended, and expansion material
1/2 inch shall be placed at each property line and also in the center
of the lot, with dummy or false joints evenly spaced between expansion
joints.
H.
In case of long lots, expansion material 1/2 inch thick shall be
placed at intervals not to exceed 20 feet.
[Amended 4-14-1992 by Ord. No. 1518]
I.
The fresh concrete, after being finished, shall be protected by a
plastic cover for 72 hours. The five-foot concrete blocks shall be
finished with an approved edger with a one-fourth-inch radius, and
all joints shall be dressed and tooled neatly. The finished concrete
shall have a broom finish.
J.
All transverse expansion joints and joints along the curb shall be
sealed by pouring a hot asphaltic jointing compound in all such joints,
and care shall be taken that too much filler or splash marks be immediately
removed.
K.
Any necessary backfill along the open edge of the finished concrete
sidewalk shall be placed and tamped by the responsible party. Excess
excavation shall be disposed of by the responsible party.
L.
The concrete blocks, if laid for single lots, shall be arranged to
and exactly in various lot lines with one-half-inch expansion material
at lot lines, with dummy or false joints evenly spaced between expansion
joints.
M.
Where the sidewalk will have a width of more than seven feet, an
expansion joint shall run longitudinally to said sidewalk 18 inches
from the back face of curb.
N.
Expansion material 1/2 inch thick and four inches in depth shall
be placed next to the curb and one-half-inch expansion material to
separate the sidewalk from existing and proposed buildings, walks,
etc.
O.
Loose earth, cinders and any soft spots shall be removed and replaced
with slag.
