HomeMy WebLinkAbout0349 Sidewalks and Curbs 1990CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 349
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER
8.28 TO PROVIDE FOR THE CONSTRUCTION OF SIDEWALKS AND CURBS;
TO PROVIDE FOR THE ASSESSMENT OF THE COST OF CONSTRUCTION
AGAINST THE PROPERTY OWNER; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. Idaho Code Section 50-316 grants broad
power to cities to provide for the construction repair or removal
of sidewalks. The City has a need for the construction or repair
of sidewalks and curbs in certain areas.
Section 2. Addition of Chapter 8.28. There shall be added
to the Chubbuck Municipal Code, the following Chapter 8.28:
Sections:
8.28.010 Definitions.
8.28.020 Specifications for curbs and sidewalks.
8.28.030
Owner's duty to construct, repair or replace curbs
and sidewalks.
8.28.040 City's ability to require construction, repair or
replacement of curbs and sidewalks.
8.28.010 Definitions. For the purposes of this chapter,
these words are defined as follows:
A. "Curb" means a raised edging along a sidewalk which
separates the street surface from the sidewalk, usually
constructed of concrete. The curb may include a gutter, in which
case the curb and gutter casting is considered a curb for
purposes of this chapter.
B. "Sidewalk" means that area of public right-of-way
between the back of the curbline and the private property line,
along any public street or alley, with or without an existing
concrete structure thereon. The sidewalk includes any driveway
approach.
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8.28.020 Specifications for curbs and sidewalks. The
specifications in the Idaho Standards for Public Works
Construction, as amended, shall govern all construction and/or
repair of curbs and sidewalks within the municipality.
8.28.030 Owner's duty to construct, repair or replace curbs
and sidewalks. It is the duty of the person owning or having
control of real property along or abutting any curb or sidewalk,
to construct, repair or replace the curb or sidewalk so as to
provide safe, all-weather passage for pedestrians, and to provide
adequate street drainage and pavement protection, for the safety
and convenience of the traveling public.
8.28.040 City's ability to require construction, repair or
replacement of curbs and sidewalks. If the city council finds
that curbs or sidewalks are dangerous and unsafe, requiring
construction, repair or replacement thereof, the council may, at
its option:
A. Serve a written notice on the owner or person in
control of the real property adjacent to the curb or sidewalk,
informing that person of the unsafe condition and requiring that
person to construct, repair or replace the curb or sidewalk as
specified by the council, within a set period of time after
receipt of the notice. In formulating the notice, the council
shall take into consideration the time of year and likelihood of
installing or repairing curb or sidewalk and said notice shall
specify the deadline, which shall be not more than six months
after receipt of the notice and not less than one month after
receipt of the notice. Such notice shall further state that the
owner or person in control of the real property may, within 10
days following receipt of the notice, appeal the matter by
submitting a written request for review by the Chubbuck City
Council. If such request is submitted, the City Council shall
conduct a hearing upon the matter at its next regularly scheduled
meeting and the Council shall decide whether the notice shall be
modified, withdrawn or enforced as written. If the repair or
replacement does not take place pursuant to the written notice
and any subsequent action of the Council, the Council may proceed
under subsection B of this section;
B. Provide, by general ordinance, for the construction,
repair, or replacement of the unsafe curb or sidewalk, and assess
the cost thereof to the adjacent property. Collection of the
assessment may be done pursuant to Idaho Code Section 50-1008.
Nothing herein shall preclude the council from establishing
a local improvement district for the construction, repair or
replacement of curbs and sidewalks, pursuant to Chapter 17, Title
50 of the Idaho Code.
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ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this ~ day of NOVF~ER , 1990.
ATTEST:
CITY CLERK
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