HomeMy WebLinkAbout2007-11-05-Ordinance 2620_Sidewalk Installation, Repair and MaintenanceORDINANCE NO.2620
AN ORDINANCE REPEALING EXISTING CHAPTER 218 OF THE WAUKEE
MUNICIPAL CODE AND ENACTING IN LIEU THEREOF CHAPTER 218
PERTAINING TO THE INSTALLATION,REPAIR AND MAINTENANCE OF
SIDEWALKS WIHIN THE CITY LIMITS OF THE CITY OF WAUKEE AND
PROVIDING PENALTIES FOR VIOLATIONS
WHEREAS,Sidewalks are an integral transportation system for the City of
Waukee.They provide a safe location for pedestrian traffic for all ages of citizens.
School children utilize the sidewalks to travel to and from school.They allow walking
and jogging while being safely separated from vehicular traffic.Without sidewalks the
intermingling of foot traffic and vehicular traffic would greatly increase the chances for
serious injuries to both pedestrian as well as the motorist;AND
WHEREAS,the City desires to assure the continued maintenance and installation
of sidewalks;and
BE IT ORDAINED by the City Council of the City of Waukee,Iowa:
Sectionl.That the Municipal Code of the City of Waukee,Iowa,2005,is hereby
amended by repealing existing Chapter 218 of the Waukee Municipal Code and enacting
in lieu thereof Chapter 218 Sidewalks,as follows:
§218.1 Abutting Property Owner to Maintain Sidewalks and Parking.
Pursuant to §364.12 of the Code of Iowa,the abutting property owner shall maintain
sidewalks,parking and all other property outside the private property lot lines and inside
the curb lines upon the public streets;except that the property owner need not remove
diseased trees or dead wood on the publicly owned property or right-of-way;and no
person shall plant or place any tree or shrub in the publicly owned property or right-of-
way,or allow any dirt or other material to move from said parking or right-of-way into
the traveled portion of any street or highway without the permission of the public works
director.
§218.2 Removal of Snow,Ice and Accumulations
A.Duty of Property Owner.It is the responsibility of the abutting property
owner to remove snow,ice and accumulations from the sidewalks within 24
hours after the cessation of the weather event or other cause ofthe
accumulation.
B.Failure of Property Owner.Any owner who shall,for a period of24 hours
after the cessation of the storm or cause of accumulation,permit snow,ice or
accumulation to remain upon the adjoining and abutting sidewalks,is guilty
of a municipal infraction punishable by civil penalty of $50.00 for the first
offense;$100 for the second offense;and not more than $750 for each
subsequent offense.A penalty will not be assessed until 12 hours after the
City of Waukee shall have given a warning to the party responsible to
remove such accumulation.
C.Added Safety Measures.When ice has so formed upon any sidewalk that it
cannot be removed,the owner,occupant or person in charge of abutting
property shall keep such ice sprinkled with salt,ashes,sawdust or sand in
such manner as to prevent such sidewalk from being dangerous to persons
using the same.
D.Dumping of Snow.It is unlawful for any persons to remove snow,ice and
accumulations from private premises and to deposit the same upon any
public highway,street,avenue,alley,sidewalk,public square and commons
within the City.
E.Removal by City;Assessing Costs.Should snow,ice,or accumulations be
permitted to remain upon any sidewalk for a period often (10)daylight hours
after the cessation of the storm or cause of accumulation,after affording
reasonable notice,the city manager may,in his discretion,cause the same to
be removed and the actual cost of the removal assessed against the property
in accordance with Iowa Law.
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§218.3 Other Hazards and Accumulations.
A.Fires on Sidewalks.It is unlawful for a person to make a fire of any kind on
any sidewalk.
B.Fuel on Sidewalks.It is unlawful for a person to place or allow any fuel to
remain upon any sidewalk.
C.Debris on sidewalks.It is unlawful for a person to throw or deposit on any
sidewalk any glass,nails,glass bottle,tacks,wire,cans,trash,garbage,
rubbish,litter,offal,or any other debris,or any other substance likely to
injure any person,animal or vehicle.
D.Water over Sidewalks.It is unlawful for an abutting property owner to allow
water from an improperly located eave,sump pump or drain or from any roof
to fall or drain onto a public sidewalk.
E.Defacing.It is unlawful for a person to scatter or place any paste,paint,
graffiti,picture,writing or other material which changes or alters the natural
color of any sidewalk.
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§218.4 Construction of New Sidewalks.Any newly platted lots are required to
construct a sidewalk in accordance with the City's subdivision regulations and other
applicable ordinances.Notwithstanding agreements to the contrary,existing platted lots
without existing sidewalks are required to install sidewalks upon notification by the
director of public works.
§218.5 Penalties.Any person violating any provision of this chapter or any rule
or regulation adopted herein by reference shall be guilty of a Simple Misdemeanor
punishable through the imposition of a fine andlor term of imprisonment set forth in
§103.4(A)of the Waukee Municipal Code,except to the extent the penalties have been
specifically limited in section 218.2 herein.Violations may also be prosecuted as
municipal infractions subject to the imposition of penalties and other relief as provided in
Chapter 103 ofthe Waukee Municipal Code and the law of the State ofIowa.Each day
that a violation occurs andlor is permitted to exist constitutes a separate offense.I
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance
shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity
of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or
unconstitutional.
Section S.Effective Date.This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the City Council of the City ofWaukec,Iowa,this Stl'day of November 2007,and
approved this Sth day of November 2007.
Attested: