It shall be unlawful for any person to hereafter install, construct or lay, or cause to be installed, constructed or laid, any sidewalk or sidewalks, curb, or gutter within the street lines of the city without first obtaining a permit authorizing the same from the board of councilmen of the city, to be issued by its engineer; and it shall also be unlawful for any person to construct, install or lay any sidewalk, curb or gutter for any other person until such person shall have first obtained a permit permitting the same from the board of councilmen, as in this chapter provided. (Ord. 165, 12-13-1989, eff. 12-20-1989)

Any sidewalk, curb or gutter hereafter constructed by any person shall be constructed in strict compliance with specifications and plans and upon grades and lines to be approved by the board of councilmen or its duly authorized engineer. (Ord. 165, 12-13-1989, eff. 12-20-1989)

   (A)   It is the responsibility of all property owners in the city for the general maintenance of a sidewalk in a public right of way that abuts the owner's property within the street lines of the city. The responsibility imposed is that of a reasonable person and is not a duty greater than imposed by common law duty. Furthermore, this section is not intended and cannot be relied upon to define the standard of care in any civil action for negligence or for the establishment of negligence per se for its violation.

   (B)   Except as otherwise provided in this code, all sections of the city sidewalks shall be of portland cement concrete, four feet (4') in width, inner line of walk being laid adjacent to the curb. Whenever any sidewalk has been constructed under the authority of any former ordinance of the city in any manner other than in accordance with the lines established in this section, sidewalks for the remaining properties in the same block shall be so constructed that uniformity of lines may be maintained.

   (C)   The city may require the reconstruction and repair of sidewalks in the following circumstances:

      1.   Imposing an assessment or other charge authorized by law for any reconstruction or repair of a sidewalk that the governing body causes to be performed within a public right of way;

      2.   Requiring any reconstruction or repair of a sidewalk as a condition of approval for a change in the use of the land;

      3.   The repair and reconstruction of a sidewalk in the public right of way that abuts the property of the owner if the owner caused the need for such repair or reconstruction.

   (D)   Any sidewalk ordered repaired or reconstructed by the city council shall be repaired or reconstructed by the owners of the property which abut upon the sidewalk. The property owner shall be given a time certain in which to complete said reconstruction and repair, which shall be a time period not to exceed ninety (90) days during the Carlin construction season.

   (E)   Failure of the owner to complete the sidewalk improvements as required within the time limits designated shall be considered an infraction of this code and upon conviction of such infraction the municipal court may impose any injunctive relief or fine of a civil nature as may be allowed by this code or laws of the state.

   (F)   Sidewalks, curbs and gutters shall be required on all lots and parcels of land which are hereafter improved, or upon which any building or construction shall take place; provided, however, that upon application by a property owner or a contractor and for cause shown, the city engineer or board may waive this requirement if the valuation of the work performed under the building permit is less than ten thousand dollars ($10,000.00). (Ord. 207, 3-9-2005)

   (G)   The board of council members may waive the requirement of curb, gutter and sidewalk in areas zoned rural residence and farming upon an application filed by the property owner. (Ord. 241, 12-9-2015)

   (A)   All curbs, gutters and sidewalks which must be installed by a private property owner pursuant to this code must be installed within ninety (90) days from obtaining the installation permit required by section 3-13-1 of this chapter.

   (B)   A private property owner must not be granted an occupancy permit until the curb, gutter and sidewalk has been completed, inspected and approved by the city.

   (C)   If the private property owner does not install the curb, gutter and sidewalk within ninety (90) days as set forth in subsection (A) of this section, the city may install the curb, gutter and sidewalk and place a lien against the owner's property for all costs of installation. (Ord. 241, 12-9-2015)

Any person violating any of the provisions of this chapter shall, upon conviction, be punished as provided in title 1, chapter 4 of this code. Each day's violation of the provisions of this chapter may be deemed a separate offense. (Ord. 165, 12-13-1989, eff. 12-20-1989; amd. Ord. 241, 12-9-2015)