HomeMy WebLinkAbout2005-02-28-Ordinance 2505_Sidewalk Installation, Repair and MaintenanceORDINANCE NO.2505
AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,CIVIL
ORDINANCES,SECTION 218,BY INCORPORATING THE 2004 CITY OF WAUKEE
SIDEWALK PROGRAM FOR THE PURPOSE OF CLARIFYING AND IMPROVING THE
REQUIREMENTS OF ABUTTING PROPERTY OWNERS TO MAINTAIN SIDEWALK AND
PARKING AND TO CONSTRUCT NEW SIDEWALKS WHERE REQUIRED;AND BY RE-
NUMBERING EACH SUCCESSNE SECTION IN SAID CHAPTER IN NUMERICAL ORDER.
Section 1.Amendment.Chapter 200,Section 218,Waukee Municipal Code is hereby
amended so as to codify the 2004 City of Waukee Sidewalk Program for the purpose of clarifying
and improving the requirements of abutting property owners to maintain sidewalk and parking and
to construct new sidewalks where required by the City so that Section 218 reads as follows:
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,
The sidewalk program provides a means of reviewing the condition of existing sidewalks
and the need for new sidewalks throughout the City.The program,by City Council directive is an
annual operation and the areas and dates affected are to be shown on the web site.The affected area
is reviewed by staff and notices are sent to the owner of record according to the County Auditor's
office.The City encourages residents to repair deficiencies or reconstruct sidewalks on their own.
If repairs are not completed within the time allotted,the City or a contractor of the City will
complete the repairs and the City will initiate a special assessment program pursuant to §364 once
the repairs are complete.This allows the City the authority to repair or re-construct and bill the
costs to the property owner through their property taxes.
When the City requires a new sidewalk be installed because the property is in an existing
older neighborhood that did not have sidewalks or because the property is in a newer neighborhood
where sidewalks were originally not required,the procedure will be same as outlined in §218.4(B),
Waukee Municipal Code for property owners constructing the sidewalk themselves or hiring a
contractor to construct the sidewalk.If construction is not completed within the time allotted,the
City will initiate a special assessment process for the construction of the sidewalks according to
§384 of the Iowa Code.
The Procedure for sidewalk installation and repair notification is as follows:
The Waukee City Council will determine by Resolution a schedule of sidewalk installation and/or
repair identified by location and by year of expected completion.The City Inspector will go into the
designated area each year and determine which sidewalks will need to be either installed or repaired.
The homeowner will be notified by the City Inspector of his/her recommendation to the Council and
will also be notified of the date and time of the Public Hearing held by the City Council at which the
homeowner will have the opportunity to object to the fmdings of the City Inspector or to request a
waiver/deferral,The City Council,at the next regular meeting,will pass by Resolution a schedule
of properties where installation or repairs of sidewalks will occur during the immediate year.
The City of Waukee has approved the sidewalk program in an effort to provide safe public
walkways for its citizens.This effort benefits all who utilize the sidewalks,It is this concern that
drives the sidewalk program.As citizens of Waukee it is our responsibility to maintain our city and
this is an area where each property owner can assist by being proactive and maintaining his/her
walks.
§218.l 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.
A.Notification by the City as to Maintenance of Sidewalk and Parking.If
any portion of a sidewalk or parking in the public right-of-way is deemed by the
City to be unsafe and posing a public hazard,the City shall determine the
appropriate manner of correcting such problems,including utilizing the program for
sidewalk repair or reconstruction in accordance with Sections 364.12 -BB.Ifthe
City implements the sidewalk repair or reconstruction program,the City shall
provide written notification by certified mail,that the owner must repair,reconstruct
or replace that portion of sidewalk or parking posing a public hazard.
B.Time Period for Repair,Reconstruction or Replacement.Once notified
by the City,the abutting property owner must complete the repair,reconstruction or
replacement of said portion of sidewalk or parking within 120 days of the date of
notification.Failure or refusal by the abutting property owner,upon due notification
by the city,to take corrective action will be cause for civil action.
C.Procedural Requirements for Repair,Reconstruction or Replacement.
1.Permit Required.Any person desiring to repair,reconstruct or
replace any portion of a sidewalk or parking within the corporate limits
of the City shall,before commencing such repair,reconstruction or
replacement shall apply for a permit to the City's Code Compliance
Office.
2.Application.The application for a permit shall contain the
following:
a.The name and address of the property owner of the
property abutting the location where the sidewalk shall be repaired,
reconstructed or replaced.
b.A sketch or diagram showing the location,width and
thickness of the sidewalk to be repaired,reconstructed or replaced
and all entryways and driveways,crossing the said sidewalk so as
to provide access to the abutting property,
c.The name of the contractor or party who is to perform the
repair,reconstruction or replacement.
3.The Clerk shall assess and an applicant shall pay before any
permit is issued a fee in the sum often (10.00)dollars and in the case of
Tear lot walks the fee is eight (8.00)dollars per lot abutting.
4.Specifications for Sidewalks,A complete set of
specifications for all walks,including ramps for persons with disabilities
at intersections are available at the Code Compliance Department of the
City.
5.Sidewalk Inspections,The Code Compliance personnel are
authorized to inspect,approve or disapprove the application for repair or
reconstruction of all sidewalks located within the corporate limits of the
City.The party repairing,reconstructing,or replacing any sidewalk shall
call for inspections by notifying the inspector of sidewalks of the City
when the sub grade has been brought to the elevation and grade as
established by the City,and the forms have been set.A further
inspection shall be called for and required upon completion of the
sidewalk and removal of the forms but before the sidewalk is backfilled.
Upon completion of all work and inspections as hereinbefore set out,the
inspector of sidewalks for the City shall so certify upon the space
provided on the permit to repair,reconstruct or replace sidewalk and
shall certify that the sidewalk has been completed in accordance with the
specifications and plans ofthe City.
D.Civil Action Required.If the property owner does not have the work
done within a period of 120 days,the City shall do the work or contract for the work,
and then assess the costs against the property owner.
E.Assessment Procedure.After the work:is completed by the City or by a
contractor hired by the City,the process for levying assessments is the same as that
for a standard Chapter 384 assessment project including the adoption of a schedule
of assessments,the publication of a notice of the assessments and the mailing of a
notice of assessment to each property owner,by regular mail.
1.Engineer or Engineer Assistant inspects work,certifies
completion and final cost,within 15 days after completion of work.
2.Within 15 days after filing of engineer's certificate of
completion,Council must adopt resolution accepting or rejecting the
work.
3.Within 10 days after accepting work,Council must determine
total cost of work and adopt resolution determining amount to be
assessed.
4.If no claims filed against contractor,retainage is to be
released to contractor not less than 30 days after Council accepts work.
5.Within 30 days after Council determines amount to be
assessed,engineer must file final assessment schedule and plat.
6.Within 10 days after engineer files schedule,Council must
adopt resolution approving final schedule and levying assessments.
7.Clerk must certify final schedule to County Treasurer,must
publish notice of schedule once each week for two consecutive weeks
(first publication shall be not more than 15 days after the date of filing
schedule),and mail notice of assessments to property owners on OT
before second publication of notice.
8.Assessments may be paid in full without interest at City
Clerk's office,within 30 days after first publication of notice.
9.Assessments not paid in cash are placed on the tax list by
County Treasurer.If assessments are filed with Treasurer by May 31,
first installment payment is due with next property tax payments in the
fall.
§218.2 Removal of Snow,Ice and Accumulations
A.Duty of Property Owner.It is the responsibility of the abutting property
owner to promptly remove snow,ice and accumulations from the sidewalks.
B.Failure of Property Owner.Any owner who shall,for a period of 24
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 frrst offense;$100
for the second offense;and not more than $750 fOTeach 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.
Ordinance 2341 -March 5,2001
C.Removal by City;Assessing Costs.Should snow,ice,or accumulations
be permitted to remain upon any sidewalk for a period of ten (10)daylight hours
after the cessation of the storm or cause of accumulation,the city manager may,after
affording reasonable notice cause the same to be removed and the actual cost of the
removal assessed against the property as herein provided.
D.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,
E.Dumping of Snow.It is unlawful for any persons to remove snow,ice
and accumulations from private premises and to deposit the same upon my public
highway,street,avenue,alley,public square and commons within the City.
§218.3 Other Hazards and Accumulations.
A.Fires on Sidewalks.It is unlawful for a person to make a fire of my 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
aIlow water from an improperly located eave 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
or writing on any sidewalk.
§218.4 Construction of New Sidewalks.
A.Building Pennit to Require'Sidewalk.Any person applying for a
building permit for the purpose of erecting a new structure for occupancy shaIl also
apply for a sidewalk permit covering the same premises set forth in the building
permit,if a fuIl sidewalk is not already located thereon.Such application shall
include the fuIl frontage on the street side of all lots and in the case of corner lots
shaIl include both street sides of said lots.
The requirements for a sidewalk permit in this section shall be in addition to the
requirements for the construction of sidewalks by a subdivider as set forth in the
City's subdivision regulations.Where subdivisions are platted with rear lot walks,
these walks shall be instaIled according to the requirements of the City's subdivision
regulations.These improvements shall be paid for by the Developer and said permit
obtained by same.In the event that the sidewalk cannot be constructed at the time of
the building permit,a bond or other surety shall be required in lieu of sidewalk
construction.
B.Procedural Requirements for Construction,
1.Permit Required.Any person desiring to construct a sidewalk
within the corporate limits of the City shall,before commencing such
construction,apply for a permit to the City's Code Compliance Office.
2.Application.The application for a permit shaIl contain the
following:
a.The name and address of the property owner of the
property abutting the location where the sidewalk shaIl be
constructed.
b.A sketch or diagram showing the location,width and
thickness of the sidewalk to be constructed and all entryways and
driveways,crossing the said sidewalk so as to provide access to the
abutting property,
c.The name of the contractor or party who is to perform the
construction.
3.The Clerk shall assess and an applicant shall pay before any
permit is issued a fee in the sum often (10.00)doIlars and in the case of
rear lot walks the fee is eight (8.00)doIlars per lot abutting.
4.Specifications for Sidewalks.A complete set of
specifications for all walks,including ramps for persons with disabilities
at intersections are available at the Code Compliance Department of the
City.
5.Sidewalk Inspections.The Code Compliance personnel are
authorized to inspect,approve or disapprove the application for
construction of all sidewalks located within the corporate limits of the
1
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City.The person or persons constructing any sidewalk shall call for
inspections by notifying the inspector of sidewalks of the City when the
subgrade has been brought to the elevation and grade as established by
the City,and the forms have been set.A further inspection shall be
called for and required upon completion of the sidewalk and removal of
the forms but before the sidewalk is backfilled.Upon completion of all
work and inspections as hereinbefore set out,the inspector of sidewalks
for the City shall so certify upon the space provided on the permit to
construct sidewalk and shall certify that the sidewalk has been completed
in accordance with the specifications and plans of the City.
C.Civil Action Required.If the property owner does not have the work
completed within a period of 120 days,the City shall begin the process for levying a
standard Chapter 384 special assessment including the hiring of an engineer,
approval of preliminary plans and specifications,plat and schedule,publication of
hearing on resolution of necessity and notification of affected property owner,public
hearing and approval of a resolution of necessity.A certified copy of the resolution
of necessity,plat and schedule is to be presented to the County Treasurer after
approval.If a contractor is to be hired to complete the work that occurs after the
resolution of necessity is approved.
D.Assessment Procedure.After the work is completed by the City or by a
contractor hired by the City,the process for levying assessments is the same as that
for a standard Chapter 384 assessment project including the adoption of a schedule
of assessments,the publication of a notice of the assessments and the mailing of a
notice of assessment to each property owner,by regular mail.
1.Engineer or Engineer Assistant inspects work,certifies
completion and final cost,within 15 days after completion of work.
2.Within 15 days after filing of engineer's certificate of
completion,Council must adopt resolution accepting or rejecting the
work.
3.Within 10 days after accepting work,Council must determine
total cost of work and adopt resolution determining amount to be
assessed.
4.If no claims filed against contractor,retainage is to be
released to contractor not less than 30 days after Council accepts work.
5.Within 30 days after Council determines amount to be
assessed,engineer must file final assessment schedule and plat.
6.Within 10 days after engineer files schedule,Council must
adopt resolution approving final schedule and levying assessments.
7.Clerk must certify fmal schedule to County Treasurer,must
publish notice of schedule once each week for two consecutive weeks
(first publication shall be not more than 15 days after the date of filing
schedule),and mail notice of assessments to property owners on or
before second publication of notice.
8.Assessments may be paid in full without interest at City
Clerk's office,within 30 days after first publication of notice.
9.Assessments not paid in cash are placed on the tax list by
County Treasurer.If assessments are filed with Treasurer by May 31,
first instalhnent payment is due with next property tax payments in the
fall.
§218.4 Deferral Guidelines.It is recognized that unique circumstances
may exist that make it difficult to immediately construct a sidewalk.In order to
obtain a deferral from construction of a sidewalk,the property owner must submit an
application to the City Council,An example of this application is included in this
ordinance as Exhibit B.In the application,the property owner must describe the
hardship that would be created from the construction of a sidewalk.This hardship
must meet at least one of the following criteria:
A.Slope.25%or more ofthe area of the lot between the curb and the back
of the proposed sidewallc has a slope (either ascending from the curb or descending
from the curb)in excess of one foot per 10 feet,the City may agree to share in the
cost of grading for the area exceeding the one foot per ten feet standard.
B.Trees.The installation of the sidewalk requires either the removal of or
damage to:
1.at least one tree exceeding eight inches in diameter as measured
at a point four feet above the base of each tree.
2.to three or more trees each exceeding four inches in diameter as
measured at a point four feet above the base of each tree.
C.Utility Facilities.Installation of the Sidewalk requires that large utility
facilities be moved (i.e.power poles).Vertical adjustments to stop boxes,gate
valves,manholes and similar structures will not be considered grounds for a deferral.
D.Existing Driveway or Parking.There is an existing concrete or asphalt
driveway or parking lot where a sidewalk should be that would exceed the slope and
tilt requirements contained in the City's sidewalk specifications.As an alternative,
the City may share in the cost for regarding and reconstructing the driveway
approach to meet the slope and tilt standards.
E.Inaccessibility for Snow Removal.Snow removal from the new
sidewalk would be unreasonably difficult due to inaccessibility.
F.Other Circumstances.Any other circumstance where the Council
determines that the approval of the application for deferral will not unduly
jeopardize the implementation and completion of the sidewalk program.
§218.4 Economic Hardship.Deferrals from a sidewalk special assessment will
not be granted solely on tile basis of economic hardship.However,if a resident is
sixty-five years in age or older,has a disability or has limited income,he or she may
qualify for assistance with a sidewalk special assessment under Chapter 425 of the
Iowa Code.This credit is issued by the Department of Revenue and Finance to the
County Treasurer.The amount of the credit is determined by the applicant's annual
household income.Additional information regarding the credit program is available
from tile Polk and Dallas County Treasurers.
)
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 OT unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval
and publication as provided by law.
Passed by the Council tins 28th day of'February 2005 and approved this 28th day of'February 2005.
Attest:
Exhibit A -drawing of cracks,depressions and elevations
Exhibit B -deferral application
Exhibit C -map of proposed areas for sidewalk construction by year
FIGURE
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FIGURE "0Jl
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Sidewalk faulted at joint or crack
with 1"or more deflection.
Sidewalk ra ised more then 2"in 8
ft.from normal profile line of
sidewalk.
)
Sidewalk sunken more then 2"in
ft.from normal profile line of
sidewalk.
Sidewalk cracked into 3 or more
pieces per panel.or any single
crack with 1/2"or greater
openings.
Sidewalk cracked and /or spalied
(smaller crater !ike holes deep,,,-
then 3/8"\with cart of sidewa.I
rnlssinq."'arming :lOies deeper
.han ':i8
City of Waukee
APPLICATION FOR
DEFERR-\.L OF SIDEWALK INSTALLATION
Directions:Complete sections that apply to your property using descriptions and/or
sketches,as applicable.
SECTION 1:Lot Slope
•Does 25%of the area of the lot between the curb and the back of the propose,
sidewalk have a slope (either ascending from the curb or descending form the
curb)in excess of one foot in ten?YES NO
As an alternate to a deferral,the City may agree to share in the cost of grading for the area exceeding the one-foo
ten standard.
SECTION 2:Tree Interference
•Does the property have any trees that would be damaged by sidewalk install a
YES NO
•Does at least one tree have a trunk diameter of more that 8 inches?
YES NO
•Does the property have three or more trees with trunk diameters greater than.
inches?YES NO
Trunk diameter is to be measured four feet above the ground
SECTION 3:Utility Interference
•Does the property have any utility fixtures that require moving (i.e.power po:
signal controllers etc.)?YES NO
Vertical adjustments to stop boxes,gate valves,manholes and similar structures will not be considered grounds f
deferral.
SECTION 4:Driveway Slope
•Does the property have an existing concrete or asphalt driveway that would
exceed the City's specifications (tilt of y,"per foot)for slope and tilt?
YES NO
As an alternative,the City may share in the cost for regarding and reconstructing the driveway approach to meet t
slope and tilt standards.
SECTION 5:Maintenance
•When the new sidewalk is placed,would snow removal be unreasonably diff
due to inaccessibility?YES NO
SECTION 6:Other Circumstance
•Other circumstance,when the City Council determines that the approval of tl
application will not unduly jeopardize the implementation and completion of
sidewalkpro gram.EXPLAIN DETAILS:
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Applicants Signatn"r;';.e,,(s"'-)=_-,--,.-,-_
I Property Owner(s)Names (print)Signaturets)
I
Public Works Comments:
Recommended Action:
L_Signat_ure I_oate J
City Council Commeuts:
Recommended Action:
Signature Date
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