§ 35-22. Sidewalks; required prior to issuance of certificate of occupancy or final building inspection.

(a)

Regardless of whether the property has been previously platted, the building permit applicant will be responsible for the installation of sidewalks. Sidewalks shall be constructed across the entire width of each lot upon which a new house or building is to be constructed in the city on the inside lots, and in front of and along each street abutting the lot upon which a new house or building is to be constructed in the city. Such required construction of sidewalks shall be conditions precedent to the issuance of a certificate of occupancy or final building inspection. Such requirement shall also apply to substantial improvement of any house or building where the value of the improvements exceeds fifty-one (51) percent of the current value. The city shall withhold utilities from the house or building involved until such sidewalks have been constructed. Sidewalks shall be placed on a grade and at a location determined and approved by the department of public works of the city and shall meet the specifications as set forth by such department.

When the owner or developer of a subdivision or lot installs a wall or fence between the development and an adjoining street, then such construction is considered to be improvements to lot and the installation of sidewalks are required with this wall or fence.

When sidewalks have been previously installed, the building permit applicant will be responsible for all repairs and damage regardless of whether such damage was associated with the construction of the building. No certificates of occupancy will be issued and no final building inspection will be approved until such time as repairs have been made.

When a building permit is issued adjacent to a street that does not have a curb and gutter, the requirement for the installation of a sidewalk may be waived by the city engineer where the installation conflicts with the right-of-way or drainage features. Sidewalks shall be placed on a grade and a location determined and approved by the department of public works.

(b)

Request by individual property owner to construct. Any individual property owner may request permission of the city to place a sidewalk in front or along the side of his home or place of business, and after the request has been so made, the city shall furnish to the property owner, if it is possible to do so on an individual basis as regards all the facts pertaining to the street or part of the street in question, the location and specifications which the city will require as regards the installation of the sidewalk without charge to the property owner. If, as above stated, it is possible for the city to determine the location and specifications for the sidewalk, the property owner may install the sidewalk at his own expense.

(c)

Wherever possible, no trees shall be destroyed in order to effect the installation of any sidewalks in the city, but that the installation of the same shall be placed in such a manner as to go around the locations where trees exist.

(Ord. No. 5740, § 2, 1-18-90)