Sec. 15 - 44. Repair of defective, etc., side-walk, etc. by abutting property owner; notice to repair; failure to comply with notice; city cost share program
- Duty of owner. When a sidewalk, driveway approach, curb, gutter or appurtenance becomes defective, unsafe and hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same, and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway approach, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the building official shall notify the owner of the abutting property to reconstruct or repair same.
- City cost share program. The city may participate in the reconstruction or repair of the sidewalk, driveway approach, curb or gutter with eligible property owners provided monies are available the city participation shall be on a 50/50 basis.
- Policies and procedures of cost share program. The city's 50/50 cost share program, hereinafter referred to as "the program" shall operate as follows:
- Eligible properties: Abutting property owners of the following types of properties are eligible to participate in the program: Single-family residences, duplexes and condominiums. Also included are town homes that are individually owned and are part of the homeowners association (H.O.A). Only sidewalks, drive approaches, curbs and gutters within the city's right-of-way are eligible. In no event will reconstruction/repair be performed on private property.
- Cost: The property owner's share of cost under the program shall be as follows:
SCHEDULE OF CHARGES FOR 50/50 COST SHARE PROGRAM (abutting property owner's share)
Sidewalk replacement || $2.00 per square foot|
Curb and gutter replacement || $10.50 per linear foot|
Driveway approach replacement || $2.50 per square foot|
- Additional costs not included: The cost of repairs calculated pursuant to the above schedule of charges for the 50/50 cost share program does not include any necessary tree or tree root removal expense. All Costs of such removal shall be the responsibility of the abutting property owner and must be completed prior to the beginning of reconstruction/repair. In addition, the city shall not be responsible for damage that may occur to sprinkler systems, trees, shrubs or other improvements in the city's right-of-way. It shall be the responsibility of the abutting property owner to protect such improvements prior to and during reconstruction/repair.
- Method of payment: The abutting property owner shall make payment to the city in the full amount of their share prior to commencement of reconstruction/repair or in twelve (12) or twenty-four (24) monthly payments. No interest will be charged if payments are made according to the agreed-to schedule. If a balance remains unpaid at the end of the agreed-to schedule, interest will be charged on an annual rate of six (6) percent until the outstanding balance is paid. Payment agreements must be made through the city tax office with the first payment due and paid prior to commencement of the reconstruction/repair and each subsequent payment due on the dates set forth in the agreement.
- Lien: Where the abutting property owner makes payment agreements with the city tax office, their share of the cost of the reconstruction/repair performed by the city, together with interest shall constitute a personal claim against them and shall be secured by a lien on such property which may be enforced against the owner in the manner provided by law. Upon full and final payment of such costs the city will release the lien.
- Rework: In the event the replaced sidewalk, curb, gutter or driveway approach reconstructed through the program fails within one (1) year of the completion of the replacement under the program the city shall make appropriate repairs, as determined to be necessary by the city, to the failed section at no further cost to the property owner.
- Refund and reimbursement: An abutting property owner may request a refund of monies they have paid anytime prior to the city beginning work in connection with the reconstruction/repair. Refunds will not be made after the city begins work. An abutting property owner shall be eligible for reimbursement of the portion of the cost of replacement/repair in connection with the program if within two (2) years of the completion of the replacement/repair the city undertakes a capital improvement project to reconstruct the street and/or underlying utilities abutting the abutting property owner's property and the sidewalk, curb, gutter or driveway approach reconstruction/repaired through the program is replaced in connection with such capital improvement project. Reimbursement shall apply only to affected areas included in the capital improvement project, and there shall be no eligibility for reimbursement for the portion of a driveway approach that was, in connection with the program, widened beyond the original approach width. (Code 1960, 15-27; Ord. No. 2930, 1, 10-18-93; Ord. No. 3953, 1, 5-19-08; Ord. No. 3966, 1, 7-7-08)
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