§ 19-67. Sidewalk replacement in central business district.

(a)

A program is hereby established for the repair and replacement of sidewalks in the central business district of the city, which program shall be administered upon the following terms:

(1)

Central business district defined. For the purposes of this section, the term "central business district" shall be defined to include all property located within the area described in section 13.02(1)(d) of the city zoning ordinance as in effect from time to time, as set out in Appendix B of this Code.

(2)

Description of program. Upon the acceptance of any application filed as provided in this section, the city will provide the labor for the replacement of any sidewalk located in the central business district, provided that the adjoining property owner making the application pays the cost of materials necessary for the replacement of the sidewalk, and further provided that, if foundation or other preparatory work is necessary prior to the construction of the sidewalk, the adjoining property owner shall perform at his expense the foundation or other preparatory work to the satisfaction of the building and zoning administrator.

(3)

Application. Any owner of property located within the central business district may make application to participate in the program established by this section at the office of the city clerk upon such forms as the city clerk, in conjunction with the city administrator, shall prescribe. Prior to such person making the application, the city will provide an estimate to any interested property owner of the costs which will be incurred by the property owner under the program.

(4)

Priority of applications. The number of applications which can be accepted under the program shall be limited by the requirement that there be sufficient funds budgeted in the city budget for the applicable fiscal year to pay the city's share of the costs of construction, and by the availability of sufficient city manpower to perform the required work. If the number of applications made exceeds the number of applications that may be accepted, the city administrator shall accept such applications according to the severity of deterioration of the sidewalks involved and the relative need for replacement of the sidewalks, such determination to be made after consultation with the building and zoning administrator. If sufficient distinctions in the severity of deterioration of each sidewalk involved do not exist to make such a determination as to priority, then applications shall be accepted according to the time of filing, on a first come, first served basis.

(5)

Payment by property owner. The property owner's estimated share of the cost of the replacement of any sidewalk shall be paid to the city prior to the commencement of construction, with an adjustment to be made as necessary based on actual cost after the conclusion of work.

(b)

If any owner of property adjoining any sidewalk in the central business district which, in the determination of the building and zoning administrator, presents a dangerous and unsafe condition and should be replaced shall fail to voluntarily participate in the program established by this section after written notice thereof by the building and zoning administrator, the building and zoning administrator shall so report to the city council and the city council may by ordinance or otherwise direct that any statutorily authorized means be pursued to compel the property owner to replace the sidewalk at his own expense.

(Code 1966, § 12.24; Ord. No. 84-O-007, § 1, 6-18-84)