[Adopted 1-15-1973 by Art. VII of
Ord. No. 275]
[Amended 8-2-2010 by Ord. No. 478; by Ord.
No. 492; 7-6-2021 by Ord. No. 517]
A.
The City Council may order the reconstruction, repair, or alteration of existing sidewalks and assess the benefitting properties in accordance with § 161-16 of this code.
B.
The City Council may, as it sees fit, order the construction of new
sidewalks at locations where no sidewalks have been constructed.
[Amended 7-6-2021 by Ord.
No. 517]
City Council shall make sidewalk improvements and levy an assessment
against benefited property for the cost equal to 50% of such improvements
in accordance with the provisions of Chapter 429 of the Laws of the
State of Minnesota, including the provisions for emergency repair
in cases of a seriously defective condition constituting a grave hazard
to public safety.
A.
No person, not acting under contract with the City
of Breckenridge, shall construct, alter, repair or relay any sidewalk
in the City of Breckenridge without first obtaining a permit to do
so.
B.
Application information.
(1)
All applications for such permits shall be made in
writing and filed with the City Administrator or his/her designee
on forms to be approved by the City Administrator or his/her designee.
[Amended 5-7-2018 by Ord.
No. 499]
(2)
The application shall be made and signed by the owner
of the land on which the sidewalk abuts, or his or her agent, shall
describe the land on which the sidewalk abuts, shall describe what
is proposed to be done and state the dimensions, the location and
the material to be used, if pertinent.
(3)
The application shall also state the name of the person
or firm who will make the improvement.
(4)
The application shall also state that:
(a)
The applicant agrees that if the permit is granted,
the sidewalk improvement contemplated will be made strictly in accordance
with grades and specifications furnished by the City Engineer or Codes
Administrator and to the approval of the City Engineer or Codes Administrator.
(b)
The applicant will promptly comply with all
orders and directions of the City Engineer or the Codes Administrator
in connection with the making of said improvement.
(c)
If the applicant fails to make said improvement in accordance with the grades and specifications furnished by the City Engineer or Codes Administrator, he or she will forfeit to the City of Breckenridge the deposit as provided in § 161-18 and that the city may thereupon immediately order the reconstruction, relaying, repair or alteration of said sidewalk, as the case may be, and assess the cost thereof against benefited property.
[Amended 2-7-2002 by Ord. No. 440]
[Amended 5-7-2018 by Ord.
No. 499]
Upon receiving such application, the City Administrator or his/her designee shall immediately refer the same to the City Engineer or Codes Administrator for approval. If such application is approved, the City Administrator or his/her designee shall issue such permit upon the payment of a fee and a deposit as provided in Chapter 86, Fees.
No permit to construct, alter or repair or relay
any sidewalk shall be issued in any case unless the person or firm
which is actually to make such sidewalk improvement possesses the
necessary skill, equipment and experience to make such improvement
in a workmanlike manner in accordance with grades and specifications
to be furnished by the City Engineer or Codes Administrator.
[Amended 2-7-2002 by Ord. No. 440]
After any sidewalk improvement has been completed
pursuant to such permit, the same shall be inspected by the City Engineer
or Codes Administrator who shall report to the City Council either
that such improvement has been satisfactorily made or that it has
not been satisfactorily made. If such improvement has not been satisfactorily
made in accordance with grade and specifications furnished by the
City Engineer or Codes Administrator and to the approval of the City
Engineer or Codes Administrator, the City Council shall declare the
applicant's deposit forfeited and may immediately order the reconstruction,
altering, repair or relaying of such sidewalk as the case may be and
the assessment of the cost thereof against benefited property. If
the sidewalk improvement has been satisfactorily made, the deposit
shall be refunded.
