The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement, or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.

   For use in this chapter the following terms are defined:

   1.   “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.

   2.   “Defective sidewalk” means any public sidewalk exhibiting one or more of the following characteristics:

      A.   Vertical separations greater than one-half inch or more.

      B.   Horizontal separations equal to one inch or more.

      C.   Holes or depressions equal to three-fourths inch or more and at least four inches in diameter.

      D.   Spalling over 50 percent of a single square of the sidewalk with one or more depressions equal to one-half inch or more.

      E.   Spalling over less than 50 percent of a single square of the sidewalk with one or more depressions equal to three-fourths inch or more.

      F.   A single square of sidewalk cracked into six or more pieces.

      G.   A sidewalk with any part thereof missing to the full depth.

      H.   A change from the design or construction grade equal to or greater than three-fourths inch per foot.

   3.   “Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.

   4.   “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.

   5.   “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.

   6.   “Portland cement” means any type of cement except bituminous cement.

   7.   “Sidewalk” means all permanent public walks in business, residential or suburban areas.

   8.   “Sidewalk improvements” means the construction, reconstruction, repair, replacement, or removal of a public sidewalk or the excavating, filling, or depositing of material in the public right-of-way in connection therewith.

   9.   “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.

   1.   It is the responsibility of the abutting property owner to remove snow, ice, and accumulations from the entire width and length of sidewalk located between the back of the public street curb, or, in the absence of a curb, the edge of the public street pavement, to the property owner’s actual property line or in an area on private property that is dedicated, as indicated on the plat of record, for the use of pedestrian traffic, excluding bike paths within 24 hours following the cessation of the weather event by which they were deposited, as defined by the National Weather Service or other event by which they were deposited, provided, however, that in extraordinary weather circumstances the Public Works Director may extend the period of time provided herein. In those situations the Public Works Director will deliver to representative news media a statement indicating the amount of additional time the property owners shall have to remove accumulations from sidewalks. The abutting property owner may be liable for damages caused by failure to remove snow, ice, and accumulations promptly from the sidewalk.

   2.   In instances where a property owner has a sidewalk adjacent to both the front and rear of the property and the rear sidewalk is shared by adjoining property owners, the owner with two sidewalks is only responsible for the removal of snow, ice, and accumulations in the front area. The owner who has adjoining property, in this situation, would be responsible for removal of snow, ice, and accumulations on the sidewalks in the rear area.

   3.   If both properties have both a front area and a rear area sidewalk, both adjoining property owners are mutually responsible for removal of snow, ice, and accumulations on the sidewalk in the rear area.

   4.   When accumulations have formed upon any sidewalk so that it cannot be reasonably removed, such as ice or packed down snow, the abutting property owner shall keep and maintain such accumulations sprinkled with fine cinders, sand, or deicing chemicals in such a manner as to provide traction and prevent the sidewalk from being dangerous to persons using the same for the entire width and length. This subsection is not to be construed as a substitute for the removal of accumulations and only applies when accumulations cannot be reasonably removed; however, all accumulations shall be removed as soon as practical.

   5.   The Public Works Director or any peace officer shall enforce the provisions of this section. If any snow, ice, or accumulations are not removed as required above, including any extraordinary weather circumstances, within the time designated by the Public Works Director, the Public Works Director or any peace officer is authorized to issue a citation or may post notice to such owner by placing written notice on the main entrance to the principle structure, requiring the owner to remove snow, ice, and accumulations within 12 hours and, if such action is not completed within the time stated in the notice, the Public Works Director may cause the work to be done and assess the costs thereof as a special tax against the abutting property and collect the same according to law.

   It is the responsibility of the abutting property owners to repair, replace, or reconstruct, or cause to be repaired, replaced, or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street. In instances where a property owner has a sidewalk in both the front and rear yard and the rear sidewalk is shared by adjoining property owners, the resident with two sidewalks is only responsible to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks in the front yard. The resident who has the adjoining property, in this situation, would be responsible for repairing, replacing or reconstructing, or cause to be repaired, replaced, or reconstructed, all broken or defective sidewalks in the rear yard.

   If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace, or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

   The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa. The Council may waive required sidewalks on property that does not extend to or connect with any other sidewalks in the areas where development is not likely to occur. If development should occur, the provisions of Chapter 384 of the Code of Iowa will be in effect upon completion.

   No person shall remove, reconstruct, or install a sidewalk unless such person has obtained a permit from the City and has agreed in writing that said removal, reconstruction, or installation will comply with all ordinances and requirements of the City for such work.

   Sidewalks repaired, replaced, or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

   1.   Cement. Portland cement shall be the only cement used to construct and repair sidewalks.

   2.   Construction. Sidewalks shall be of one-course construction.

   3.   Sidewalk Base. 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 shall be laid. The adequacy of the soil drainage is to be determined by the City.

   4.   Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at an established grade.

   5.   Length, Width, and Depth. Length, width, and depth requirements are as follows:

      A.   Residential sidewalks shall be at least five feet wide and four inches thick, and each section shall be no more than five feet in length.

      B.   Business District sidewalks shall extend from the property line to the curb. Each section shall be four inches thick and no more than six feet in length.

      C.   Driveway areas shall be not less than six inches in thickness.

   6.   Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the Council establishes a different distance due to special circumstances.

   7.   Grade. Curb tops shall be on level with the centerline of the street, which is the established grade.

   8.   Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half inch above the curb for each foot between the curb and the sidewalk.

   9.   Slope. All sidewalks shall slope one-fourth inch per foot toward the curb.

   10.   Finish. All sidewalks shall be finished with a broom finish or wood float finish.

   11.   Curb Ramps and Sloped Areas for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board.

   Whenever any material of any kind is deposited on any street, avenue, highway, passageway, or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.

   It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.

   No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar, or deface any sidewalk at any time or destroy, mar, remove, or deface any notice provided by this chapter.

   It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight feet above the surface of the sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

   It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.

   It is unlawful for a person to:

   1.   Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.

   2.   Openings. Keep open any cellar door, grating, or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.

   3.   Protect Openings. Neglect to properly protect or barricade all openings on or within six feet of any sidewalk.

   It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.

   It is unlawful for a person to scatter or place any paste, paint, or writing on any sidewalk.

   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 substance likely to injure any person, animal, or vehicle.

   It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three feet of the sidewalk next to the building be occupied for such purposes.

   It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables, or other substances or commodities on any sidewalk without first obtaining a written permit from the Council.