Regulations governing sidewalk maintenance, repair, construction, permits, standards, obstructions, displays, sales stands, and variances to promote safe pedestrian passage and reduce municipal liability.
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. “Abutting property” means the property directly connecting to the public right-of-way.
2. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
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 on the public right-of-way in business, residential or suburban areas.
8. “Sidewalk improvements” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/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.
It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within 48 hours after the cessation of the storm or the cause of accumulations, the City may do so or hire a private contractor to do so and assess the costs against the property owner for collection in the same manner as property tax. (Ord. 381 – Feb. 19 Supp.)
(Code of Iowa, Sec. 364.12[2b & e])
Property owners shall not, unless for a temporary period not to exceed six (6) months, remove existing sidewalks without a prior resolution of consent passed by the Council. Removal for a temporary period shall require an approved building permit, at no fee, with a set deadline not to exceed six (6) months.
It is the responsibility of the abutting property owners 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.
(Code of Iowa, Sec. 364.12 [2c])
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.
(Code of Iowa, Sec. 364.12[2d & e])
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.
(Code of Iowa, Sec. 384.38)
No person shall remove, reconstruct or install a sidewalk unless such person has obtained a building 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. No fee is required for such permit. Inspection shall be required for compliance with this chapter in two phases: (1) following grade preparation and (2) upon completion of the work. Permit approval shall not be considered final until all inspections are completed and all work approved. Any work found to be non-compliant shall be required to be repaired or replaced. (Ord. 381 – Feb. 19 Supp.)
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 in the construction and repair of public sidewalks.
2. Construction. Sidewalks shall be of one-course construction.
3. Exceptions. Exceptions to the required material and one-course construction may be approved by the Zoning Administrator for the accommodation of decorative materials such as brick, stone or decorative cement applications provided that all other requirements of this section are met, including subsection 1 of this section.
4. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the City.
5. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.
6. Length, Width and Depth. Length, width and depth requirements are as follows:
A. Residential sidewalks shall, except for that portion used as a drive, be at least three (3) feet wide and four (4) inches thick and contraction joints shall be no more than four (4) feet apart. That area of the residential sidewalks used as a drive or driven over by vehicular traffic shall not be less than six (6) inches thick.
B. Business District sidewalks shall, unless exempted by resolution of the Council, be at the option of the Council the greater of either eight (8) feet in width or the distance from the edge of the building located at or near the lot line to the curbing, or the same width as the adjoining sidewalk. All business district sidewalks shall be not less than the same thickness and length as residential sidewalks. For the purpose of this chapter, the following streets are designated as business district streets, wherein sidewalks meeting these specifications shall be constructed:
(1) Commencing at the intersection of Ohio Street and Main Street south to the intersection of Iowa Street and Main Street; commencing at the intersection of Temple Street and Walnut Street east to the intersection of Temple Street and Pine Street; commencing at the intersection of Illinois Street and Walnut Street east to the intersection of Illinois Street and Main Street.
(2) Churches and schools in residential districts may be considered as though they were in a business district.
C. Driveway areas shall be not less than six (6) inches in thickness.
7. Location.
A. In business districts the sidewalks shall abut upon the property lines of the respective street.
B. In residential sections, the sidewalks shall be parallel to and a distance of one foot from the respective property lines, unless otherwise determined by the Council.
8. Adjoining Sidewalks. All adjoining sidewalks shall connect smoothly and evenly (defined as the same exact width and level at connection). Where there is a difference in elevation between adjoining sidewalks, compensation for the difference in elevation shall be made gradually, over a distance which shall not be less than the final four (4) feet before the walks join.
9. Grades. All sidewalk grades shall be the grade of the top of the surface of the walk at the edge of the walk nearest the property line. All sidewalks shall have at least a two-tenths of an inch per foot slope toward the curb and terraces between the sidewalks and curbs shall have a uniform grade of two and one-half percent (three-tenths of an inch to the foot) from the inside of the walk sloping to the outside of the curb, unless otherwise ordered by resolution of the Council. The construction of permanent sidewalks shall not be made until the bed of the same shall have been graded so that, when completed, such sidewalk will be at the established grade, and be one inch above the adjacent ground. Exceptions may be granted by the Zoning Administrator where it is necessary to construct the sidewalk around an obstructing object such as a tree to allow for adequate walking space between the sidewalk and the obstruction. Grade for such exceptions shall allow for drainage toward the curbside of the sidewalk.
10. Grades in Business District. In business districts the grade of the sidewalk line shall be the grade of the adjacent curb line and in residence sections shall be parallel to and above the grade of the adjacent curb line as determined under subsection 8 of this section, unless otherwise determined by resolution of the Council. Exceptions shall be made to accommodate approved accessible sections for persons with disabilities.
11. Finish. All sidewalks shall be finished with a “broom” or “wood float” finish.
12. Ramps for Persons with Disabilities. There shall be not less than two (2) curb cuts or ramps per lineal block which shall be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise be so constructed as to allow reasonable access to the crosswalk for persons with disabilities using the sidewalk.
(Code of Iowa, Sec. 216C.9)
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 (8) 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 (6) 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.
(Code of Iowa, Sec. 716.1)
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.
(Code of Iowa, Sec. 364.12 [2])
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 (3) 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.
Individual property owners may, upon payment of a fee of twenty dollars ($20.00), contract with the Council for a period of time for a variance from the literal provisions of this chapter in instances where in the Council's opinion strict enforcement would cause undue hardship due to circumstances unique to the property in consideration. The Council may impose written conditions and terms for variance, which will be signed by the property owner and by an authorized officer for the City. It shall run with the land and be so recorded in the County Recorder's office at the property owner's expense.
