Article IV Sidewalks, Driveway Entrances

Sidewalk Obstructions Prohibited. No item may be placed upon or project over or onto a public sidewalk that, in the opinion of the Building Commissioner, would impede the normal flow of pedestrian traffic.

Cleaning Sidewalks. The tenant or occupant of premises occupied by him and the owner or agent of vacant lots or the person in their control shall keep the sidewalks in front of and adjoining the property owned, controlled or occupied by him, or affixed within a public right-of-way adjacent to the property, swept and clear of paper, dirt, mud, filth and animal or vegetable matter or any substance or article. After any fall of snow or sleet or the formation of ice thereon, the owner, agent, occupant or tenant shall cause the same to be immediately removed from the sidewalk. Where a building is occupied by more than one (1) tenant, it shall be the duty of the person occupying the tenement nearest the street to comply with the requirements of this Section.

Repair. It shall be the duty of every owner of real estate to keep his sidewalks, and driveway entrances adjacent to his property in good repair at all times and free from irregularities and offsets in the surface thereof which may render the same unsafe for use.

Sidewalk with engrade. The required width of the sidewalk shall be established by the Director of Public Works, but in no event shall the width of sidewalks be less than three (3) feet. Sidewalks shall conform to the established grade; provided, however, that the Director of Public Works may require sidewalks built to some other grade if in the best interest of the public.

Supervision of work. All work of constructing, reconstructing or repair of sidewalks and driveway entrances shall be done under the supervision of the Director of Public Works.

Whenever the Director of Public Works or his authorized representatives shall be informed that any sidewalk lawfully used by the public in the City in a hazardous condition likely to cause bodily injury to persons using the same, he may cause reasonable protective measures to be taken to guard the public and shall notify the owner, through reasonable means, of such situation and at such time command the owner to repair or replace such sidewalk within thirty (30) days from the receipt of such notification or, if the City has a receipt of such notification or, if the city has a responsibility of correcting any condition contributing to the hazard, then within thirty (30) days from the completion of such correction.

Notice of the aforesaid required work shall be given by directing a written order by certified mail to the last known address of said owner, or, if no address is available for such owner, by posting a copy of said order on the subject premises. Any owner who fails, neglects or refuses to comply with such an order within thirty (30) days of the receipt or posting thereof or correction of any condition contributing to the hazard to the City, shall be deemed guilty of a misdemeanor.

Any owner of such a sidewalk may within thirty (30) days after receipt of the Director of Public Works' notice or completion of the corrected action by the City, appeal to the Board of Aldermen, the Director of Public Works' determination of the hazardous condition of the sidewalk, or seek an extension of time for accomplishing the repairs of said sidewalks, which may be granted by said Board if the sidewalk can be immediately and temporarily rendered safe for the public and the owner so alleviates the condition; provided, however, while an appeal remains undetermined, the owner shall not be prosecuted. When a sidewalk condition is alleviated to the satisfaction of the Board of Aldermen and within the time granted by said Board, the owner shall not be prosecuted.

If the owner shall fail to repair or replace a hazardous sidewalk or portion thereof within thirty (30) days after notification by the Director of Public Works unless such time is extended as provided in Subsection (c) herein, or shall fail to appeal as herein provided, or shall fail to repair or replace said sidewalk or portion thereof as may be ordered by the Board of Aldermen, the Board shall authorize and instruct the Director of Public works to cause said construction, reconstruction or repair to be done under his direction and to his satisfaction, and an accurate account kept of the cost of all labor, including supervision, and material entering into said work.

Contract. Where a sidewalk has been condemned and is to be replaced by a new walk, or where a petition of any ten (10) or more residents of the city is received for the construction of a new sidewalk where no sidewalk has previously existed, the Board of Aldermen in its discretion shall contract for the construction of such sidewalk, including grading therefor, with or without curbing, along the street involved. Such contract shall be let to the lowest and best bidder, upon plans and specifications filed therefor by the Director of Public Works with the City Clerk/Collector, not less than one (1) week's advertisement for bids thereon being made in some newspaper published in the county. Before advertising for bids, an estimate on the cost of the work shall be made by the Director of Public Works and submitted to the Board of Aldermen, and no contract shall be made for the work at a price exceeding such estimate.

Work by City. When after advertisement no bid is received for the construction of sidewalks, the Board of Aldermen may order the Director of Public Works to cause the work to be done. In such case, the Director of Public Works shall keep an accurate account of the amount expended for labor and materials, including grading and filling, opposite each lot and present such account to the Board of Aldermen for assessment as provided in this Article.

Commercial Buildings. All commercial buildings located within the City Limits shall have affixed thereto an address, which address shall contain numbers of a minimum height of four inches (4"); and the numbers shall be placed a minimum of three (3) feet from the ground at such location on the commercial buildings or property so as to be clearly visible from the street or from a thoroughfare located on the subject property. Where commercial buildings are located within a row of such buildings (e.g., within a shopping center or mall) and such building has a rear door, then the rear door shall have said address numbers affixed thereto also.

Residential Property. All residential property located within the City Limits shall have affixed thereto address numbers of a minimum height of four inches (4"), and the numbers shall be placed on the residence or on the ground surrounding the residence so as to be clearly visible from the street passing in front of the residence.

Penalty for Violation of Section. Any person convicted of a violation of the provisions of this Section shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each day that such violation continues.

A sidewalk sale permit must be obtained from the city.

Property owner permission must be obtained in the case of private sidewalks.

A business may conduct such activity for a period not to exceed three (3) consecutive days, no more than four (4) times per year.

The sidewalk sale can be operated only in front of the business conducting the activity.

An unobstructed area a minimum of thirty-six (36) inches in width shall be maintained to allow unimpeded pedestrian access through the area.

No litter or debris may be generated from the sidewalk sale operation.

All merchandise and displays must be removed at the end of each business day.