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0349 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. Ordinance - Page 1 dsc chbbck10.025 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. Ordinance - Page 2 dsc chbbck10.025 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 Ordinance - Page 3 dsc chbbck10.025