TITLE VI PHYSICAL ENVIRONMENT
6-87-3 Responsibility for Repair, Maintenance, Construction, and Reconstruction of Sidewalks
6-87-4 Procedure for Requiring Property Owners to Make Repair or Construction
6-87-5 Procedure Where Property Owner Fails to Comply
6-87-6 Specifications for the Construction of Sidewalks
6-87-7 Advance Notice of Sidewalk Repair or Replacement
6-87-8 Sidewalk Not Constructed According to Specifications
SECTION 6-87-1 PURPOSE. The purpose of this ordinance is to specify and define the responsibility for maintenance, repair, construction and reconstruction of public sidewalks within the City of Belle Plaine.
SECTION 6-87-2 DEFINITION. For use within this ordinance the following terms are defined:
(1) “Sidewalk” means all permanent public walks in business, residential and suburban areas.
(2) “Established grade” means that grade established by this City for the particular area in which a sidewalk is to be constructed.
(3) “Abutting property owner” means the titleholder or titleholders of any lot, tract or parcel of real estate which adjoins any public street, highway, or avenue as shown by the records of the County Auditor.
(4) “One-course” construction means that the full thickness of the concrete is placed at one time using the same mixture.
(5) “Portland cement” is any type of cement except mortar cement.
(6) A “wood float” finish is a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.
(7) A “broom finish” is a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
SECTION 6-87-3 RESPONSIBILITY FOR REPAIR, MAINTENANCE CONSTRUCTION, AND RECONSTRUCTION OF SIDEWALKS. It shall be the responsibility of all abutting property owners in this City to maintain all public sidewalks on the private property of such owners and all sidewalks on property outside of said owners’ property line and between the curb lines, or on property outside of the owners’ property lines and between the right-of-way lines or boundaries of an adjacent public street.
SECTION 6-87-4 PROCEDURES FOR REQUIRING PROPERTY OWNERS TO MAKE REPAIR OR CONSTRUCTION. The City may, upon adoption of a resolution by the City Council, require any abutting property owner to repair, replace, or reconstruct sidewalks. Such resolution shall specify the nature of the repair, replacement, or reconstruction and the location thereof and shall prescribe the time or date when such work shall be completed. Notice of the adoption of said resolution shall be served upon the abutting property owner by certified mail not less than thirty days prior to the date established in said resolution for the completion of such work. Any property owner notified to make such repair, replacement, or reconstruction may request an extension of time within which said construction is to be completed and such extension may be granted in the discretion of the City Council.
SECTION 6-87-5 PROCEDURE WHERE PROPERTY OWNERS FAILS TO COMPLY. If the abutting property owner does not perform an action required under this ordinance within the time prescribed by said resolution or within the extension of time as provided, the City may direct its Director of Public Works to make such repair, replacement, construction or reconstruction in the following manner:
(1) The Director of Public Works shall, when directed by the City Council, determine if such action shall be performed by the City or by an independent constructor engaged specifically for that purpose, and he shall make an estimate of the cost of the required action;
(2) The property owner shall be notified by ordinary mail of the estimated cost and the proposed date when such action will be commenced by the City Director of Public Works or persons under his direction;
(3) Upon completion of such repair, replacement, construction or reconstruction, the City Council shall by resolution assess the actual cost thereof against the abutting property for collection in the same manner as property taxes unless such cost has been paid to the City before the adoption of such assessment resolution.
SECTION 6-87-6 SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS. New sidewalks constructed after the effective date of this ordinance shall be of the following construction and meet the following standards (“new sidewalks” shall be defined as those constructed where no sidewalk previously existed):
(1) Portland cement shall be the only cement used in the construction and repair of sidewalks.
(2) Sidewalks shall be of one-course construction.
(3) Concrete may be placed directly on compact and well drained soil. Where soil is not well drained, a three-inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the Director of Public Works.
(4) The sidewalk bed shall be graded to the established grade.
(5) Residential sidewalks constructed after adoption of this ordinance shall be at least five feet wide and four inches thick, and each section shall be no more than five feet in length, and all sidewalks constructed pursuant to this ordinance shall be not less than six inches thick where such sidewalks cross driveways and alleys. All business district sidewalks shall be constructed under the supervision of and with the approval of the Director of Public Works, For purposes of this ordinance the business district shall be that area within the City of Belle Plaine described as follows: from Seventh Avenue east to Tenth Avenue on the south side of Thirteenth Street; both sides of Twelfth Street; and from Thirteenth Street south to Eleventh Street on both sides of Eighth Avenue, Ninth Avenue and Tenth Avenue.
(6) All sidewalks shall be finished with a “broom” or “wood float” finish.
(7) All sidewalks shall be constructed to the established grade as required by records of this City, or, where there are no established grades, then at an elevation approved by the Director of Public Works.
(8) The specifications for residential sidewalks repaired or replaced shall be the same as the specifications for construction of new sidewalks except as follows:
(a) Width, the lessor of:
(i) Five feet,
(ii) The width of the sidewalk being replaced,
(iii) The width of the adjoining or abutting sidewalk sections where partial replacement is made, or
(iv) The width of the next nearest connecting sidewalk in that block and on that street.
(b) Section Length. Each section length shall be the same as the sidewalk’s width.
SECTION 6-87-7 ADVANCE NOTICE OF SIDEWALK REPAIR OR REPLACEMENT. No cement shall be poured for the construction, repair or replacement of any sidewalk until after construction of the sidewalk forms and until advance notice of not less than 36 hours has been given to the Director of Public Works. Approval by the Director shall establish compliance with this ordinance. Failure to so notify the Director of Public Works shall constitute a violation of this ordinance and shall allow the City to impose the sanctions contained in Section 6-62-8.
SECTION 6-87-8 SIDEWALK NOT CONSTRUCTED ACCORDING TO SPECIFICATIONS. The City Council may at any time by resolution, condemn any sidewalk now in use or which may hereafter be constructed within this City, which is constructed in a manner or of materials or at a grade or elevation which is not in compliance with this ordinance and which failed to comply with any ordinance in force at the time of the construction of such sidewalk, and the City Council may authorize the removal of such sidewalk by the Director of Public Works and the construction or reconstruction of the same in conformity with the provisions of this ordinance and the costs of removing said sidewalk and reconstructing such sidewalk shall be assessed against the abutting property owner in the same manner as the cost for constructing a sidewalk as herein provided.
SECTION 6-87-9 GENERAL. All sidewalk repairs made before July 1, 1989, are deemed to comply with the provisions of this ordinance with respect to width and section length