I. Definitions
PROPERTY: Land situated in the city, whether or not improved with buildings or other structures.
PROPERTY OWNER: A person who, alone or with another person or other persons, holds the legal title to property; except, however, where property has been sold on contract to a person who has the present right to possess the property and the contract has been filed for record in the office of the Polk County recorder, Dallas County recorder, Madison County recorder or the Warren County recorder, the person so purchasing the property, whether alone or with another person or other persons, is the "property owner" and not the person retaining bare legal title to the property as security for the balance of the purchase price.
PUBLIC SIDEWALK: That portion of a street between the curb line, or the lateral line of a roadway, and the adjacent property line or within easements on private property that is paved or improved and intended for use by pedestrians. A public sidewalk must be a minimum of four (4) feet in width. A sidewalk’s primary purpose is to provide pedestrians with connections to neighborhoods, shopping centers, businesses and other venues of interest.
II. Duty of Abutting Property Owners
Every property owner is required to maintain, at his or her own expense, the public sidewalk on that length and side of the public street or streets to which said property owner's property abuts in accordance with the City’s Sidewalk Inspection and Repair Policy (“Repair Policy”) approved by the city council. This obligation to maintain includes, without limitation, the duty to keep the public sidewalk open, free of debris, snow and ice and other obstacles as required by this chapter and in a reasonable state of repair so as not to present a hazard to persons using the public sidewalk; provided, however, that this section shall not be construed to require a property owner to take any action with respect to a public sidewalk when said action is made necessary by the excavation or other activity of the city or a public utility.
III. Annual Inspection Zones
The City will be responsible for inspecting the public sidewalks on an eight (8) year cycle within the city. These inspections shall be made to determine if any of the public sidewalks within a particular zone of the city are defective as defined. The City will be divided into eight zones.
When a sidewalk defect is found to exist outside of the annual inspection zone, the City will initiate appropriate action as directed by this policy to have the sidewalk repaired.
IV. Repair/Reconstruction Procedures
It shall be the duty of the abutting property owner at all times to repair, or cause to be reconstructed, all defective public sidewalks in the street right-of-way or within a granted easement abutting his/her property.
The public sidewalk will be considered defective when it exhibits one of the characteristics listed in (Appendix “B”) of this policy. When a sidewalk is found to contain such a defect, the City’s designated inspector will issue a written notice to repair sent by certified mail to the abutting property owner requiring that the appropriate work be completed within 75 days.
Sidewalk
All locations where notice to repair has been issued will be re-inspected by the City’s designated inspector after the abutting property owner has been given 75 days in which to complete the work. If, upon expiration of the 75 days as provided in said notice, the required work has not been done or is not in the process of completion, the City’s designated inspector may cause the same to be reconstructed and the cost thereof shall be assessed to the abutting property owner. No such assessment shall be made for the repair, reconstruction or replacement of a public sidewalk unless the city has served upon the person shown by the records of the Polk County recorder, Dallas County recorder, Madison County recorder or the Warren County recorder to be the owner of the abutting property, by certified mail, a notice requiring said person to repair, reconstruct or replace the public sidewalk within seventy five (75) days from the date said notice is mailed. All sidewalk improvements shall be performed under the supervision and inspection of the City’s designated inspector.
V. Determination of City Cost to Repair
Sidewalk
If work has not commenced following the 75 day notice, the sidewalk will be placed on a list for repair and the City’s contractor notified to proceed with the repairs. Upon completion of the repair the property owner will be sent by regular mail an invoice of the actual cost of the repair with no administration fee. The property owner will have 30 days to pay the invoice. If the invoice is not paid within 30 days, the amount will be certified to the County Auditor to be added to the owner’s property taxes.
VI. Permitting and Repair Inspections
For repairs, a property owner is not required to apply for a Sidewalk & Driveway Approach Permit.
VII. Deferral Process
Any residential property owner seeking deferral of sidewalk installation must complete the application and meet the criteria.
VIII. Economic Hardship Process
Any residential property owner seeking to qualify for economic hardship of sidewalk installation or repair must meet the defined criteria.
IX. Documentation
The City will maintain formal permanent records showing the date on which each sidewalk was last inspected, which properties were found to have defective sidewalks, the nature of the defects found, and the action taken to correct the defect. The City’s designated inspector will be responsible for issuing all official “Notice to Repair”. All official notices will be sent certified mail as required by Iowa Code.
X. Disclaimer
To the extent that any previous rule, regulation, policy or past practice, written or unwritten, is in conflict with the provisions of this policy, such is hereby withdrawn, voided and all personnel should conduct themselves in conformity with this policy.
This Sidewalk Inspection and Repair Policy is not intended to create and should not be construed in any manner as creating a guaranty that any hazard associated with sidewalk conditions is eliminated by the City’s efforts to maintain public sidewalks in accordance with this Policy.
