It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the governing body and a permit issued for such work by the city clerk.
Hereafter all sidewalks constructed or reconstructed in the city shall be construed on the established grade. When the mayor and council shall order a sidewalk constructed as hereafter provided, the city shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade. If the grade has been established, the city clerk shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade.
(K.S.A. 12-1801, 12-1807; Code 1989)
Hereafter all sidewalks shall be of single-course construction and shall be constructed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article.
When a petition signed by no fewer than 10 citizens owning real estate in the city requesting construction of a sidewalk is filed with the city clerk, the governing body may in its discretion, by a resolution, order such sidewalk constructed as herein provided.
(K.S.A. 12-1803; Code 1989)
When any sidewalk, in the opinion of the governing body, become inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned.
(K.S.A. 12-1804; Code 1989)
The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract.
(K.S.A. 12-1805; Code 1989)
Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meet such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution by the governing body. If such property owner desires the sidewalk to be constructed and reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body. The governing body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body.
(K.S.A. 12-1806; Code 1989)
It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving five days’ notice to the owner or his or her agent, if known, of the necessity for making repairs or without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law.
(K.S.A. 12-1808; Code 1989)
In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-106 hereof, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city or laws of Kansas, and for all contracts exceeding $1,000 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-111 shall be furnished.
It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, goods, containers, benches, display or show cases, on any sidewalks or other public ways in the city or to obstruct the same longer than is necessary for loading or unloading any such article or object.
The city council may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his or her contractor and approved by the city council.
It is hereby made the duty of the owner and of the occupant of any lots abutting upon any sidewalks to cause all snow and ice to be removed from such sidewalks.
If any owner or occupant of any lot or lots shall refuse or neglect to clean or remove all snow and ice from the sidewalk abutting the lot or lots, the city may cause such snow and ice to be removed from sidewalks and the costs thereof shall be assessed against such abutting lot or lots and such cost shall be collected in same manner as other taxes.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings indicated in this section:
(a) Driveway. A place on private property for the operation of automobile sand other vehicles.
(b) Driveway Approach. An area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property. For clarification, a driveway approach must provide access to something definite on private property such as a parking area, a driveway or a door at least seven feet wide, intended and used for the entrance of vehicles.
(c) Outside Sidewalk Line. A line parallel to the property line lying along the edge of the sidewalk nearest the street roadway or curb; or where no sidewalk exists, a line in the street right-of-way parallel to and five feet from the line of the private property.
(d) Corner. The point of intersection of the lines of two street curb faces extended into the street intersection.
(e) Curb Parking Space. A length of curb equal to 20 feet where an automobile or other vehicle can park.
(f) Parcel of Land. A lot or tract of land officially registered under one ownership.
(g) Curb Return. The portion of a curb next to a driveway approach which includes the radius of curvature, or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to the street curb.
(Ord. 309, Sec. 1)
It shall be unlawful for any person to cut, break out or remove any curb along a street or alley except as authorized by this article.
(Ord. 309, Sec. 2)
It shall be unlawful for any person to construct, alter or extend, or permit or cause to be constructed, altered or extended, any driveway approach which can be used only as a parking space.
(Ord. 309, Sec. 3)
All public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs and sidewalks constructed in the city shall be of concrete unless otherwise ordered by the city council and shall be constructed according to specifications on file in the office of the city clerk for the purpose of giving the city, through its proper officers, supervision over the construction of such public sidewalks, curbs, gutters and driveways cutting through or passing over such curbs and sidewalks.
(Ord. 309, Sec. 4)
Every person, before constructing any public sidewalks, curb, gutter or driveway cutting through or passing over a sidewalk or curb, or before removing any curb or sidewalk for the purpose of constructing a private driveway in the city, shall be required to obtain a permit from the city clerk’s office authorizing the permittee to engage in such work for a period of three months. Should a private driveway access a street in a nonbenefit district of which the landowner is not included, a fee may be required to obtain the permit.
(Ord. 309, Sec. 5)
(a) Before a permit shall be granted by the city, under the provisions of this article, the person applying for the same shall show, to the satisfaction of the city engineer or his or her agent, that he or she is skilled in the art of laying public sidewalks, curbs and gutters and cutting through such curbs and sidewalks.
(b) Before any cement contractors’ permit is issued, the applicant therefore shall have filed with the city clerk a surety bond in the amount of $2,000, which shall be approved as to form by the city attorney. The condition of such bond shall be that the principal therein shall comply with all the ordinances of the city relating to and regulating the construction of all public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs or sidewalks, and hold and save the city harmless from any and all damage to persons or property resulting from or growing out of any opening or excavation made, material stored or placed upon any operation on any street, alley or public property, or from any other action by the principal herein. If a private driveway is installed without cutting through any curb or sidewalk, the surety bond will not be required.
(Ord. 309, Sec. 5)
The city clerk shall refuse permits to contractors who fail or refuse to obey all reasonable rules and regulations necessary in the enforcement of this article.
(Ord. 309, Sec. 6)
The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of this article.
(Ord. 309, Sec. 7)
No driveway approach shall exceed 30 feet in width as measured along the outside sidewalk line.
(Ord. 309, Sec. 8)
Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least one curb parking space between approaches.
(Ord. 309, Sec. 9)
The side edges or curbs of driveway approaches shall be at right angles to the street curb.
(Ord. 309, Sec. 10)
For the purpose of constructing a driveway approach, no curb cut, opening or section broke out or removed shall exceed 52 feet.
(Ord. 309, Sec. 11)
No portion of a driveway, approach, except the curb return, shall be constructed within 18 feet of a corner, and in no case closer than two feet to the property line extended.
(Ord. 309, Sec. 12)
The radius of curvature of the curb return shall not exceed the distance between the curb and the outside sidewalk line.
(Ord. 309, Sec. 13)
No driveway approach shall interfere with municipal facilities such a street-lighting, poles, traffic signal standards, signs, catch basins, hydrants, crosswalks, city utilities, utility poles, fire alarm supports, underground pipes or ducts or other necessary street structures.
(Ord. 309, Sec. 14)
The city engineer is authorized to order and effect the removal or reconstruction of any driveway approach which now conflicts with street structures or city utilities or which will conflict with street structures in the future. The cost of removing or reconstructing or relocating such driveway approach shall be at the expense of the abutting property owner.
(Ord. 309, Sec. 15)
All sidewalks shall be constructed at the location and grade established by the city engineer.
(Ord. 309, Sec. 16)
Every contractor or other person constructing public sidewalks, curbs or gutters or private driveways shall notify the city clerk or the clerk’s authorized agent when the work is ready for inspection so as to give the clerk ample time to make the inspection before the concrete sets. If upon investigation and inspection by the city clerk, or his or her agent, he or she finds that the public sidewalk, curb, gutter or driveway across the parking of the street is not according to the specifications provided for in the construction of such sidewalk, curb, gutter or driveway, he or she may refuse to accept and approval the work and require that any errors in the construction be corrected at once and before the acceptance of the work.
(Ord. 309, Sec. 17)
For the purpose of making the inspection as provided for in this article, the sidewalk inspector designated by the city clerk shall make the inspection of sidewalks, curbs and gutters and private driveways as provided for in this article, which inspection shall be made according to the rules and specifications furnished him or her by the city engineer.
(Ord. 309, Sec. 18)
Any plans submitted to the city clerk for approval which include or involve unusual driveway approaches or problems, shall be referred by the city clerk to the city engineer for his or her approval before a permit is issued.
(Ord. 309, Sec. 19)
The city engineer is hereby authorized to grant, in writing, variances from the strict application of the provisions of this article; provided, that he or she first determines that the following conditions are present:
(a) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation on the abutting property.
(b) The exception or variance desired is not against the public interest, particularly safety, convenience and general welfare.
(c) The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.
(d) The strict application of the terms of this article will work unnecessary hardship on the property owner or tenant.
(Ord. 309, Sec. 20)
Any decision by the city engineer either granting or refusing to grant variances to the strict application of this article may be appealed in writing to the city council by the party adversely affected, provided such appeal is filed in writing with the city clerk within 20 days after the issue of the decision or action complained of.
(Ord. 309, Sec. 21)
Any person found guilty of a violation of any of the provisions of section 15-114:135 shall be deemed guilty of a misdemeanor and may be fined in a sum not to exceed $250 plus any construction cost needed to correct the situation.
(Ord. 309, Sec. 22)