CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 1. Sidewalks

It shall be unlawful for any person to construct, reconstruct or repair any sidewalk without first obtaining a permit therefore from the City engineer. Such work shall be done in accord with the plans and specifications set forth in this article. Such sidewalk shall be built under the inspection and direction of the City Engineer.

(Ord. 576; Code 2022)

All sidewalks constructed, reconstructed or repaired in the city shall be constructed, reconstructed or repaired in accord with the plans and specifications for the construction, repair and reconstruction of sidewalks, including width and location, a copy or copies of which are on file in the office of the City Clerk and in the office of the City Engineer, which plans and specifications are hereby adopted and incorporated herein by reference. Further, Sedgwick City Resolution No. 020596 dealing with general guidelines and City funding participation for replacement of existing sidewalks is incorporated herein by reference and should be reviewed when undertaking any sidewalk reconstruction or repair.

(K.S.A. 12-1802; Ord. 576; Code 2022)

(a)   Whenever sidewalks are required to be constructed within the city as a part of a street improvement project, such sidewalks may either be constructed at the same time the street in constructed, or on a schedule as set forth in the remainder of this section.

(b)   If sidewalks required as a part of a street project are not constructed at the same time as the street, the City Engineer, at the time of the street project shall designate the location of the sidewalks required as a part of such project and the description of property which abuts said location. Notice of such designation shall be filed with the appropriate Register of Deeds in such manner and form that is acceptable to the City.

(c)   The failure of the City Engineer to file the notice required by subsection (b), or the erroneous, filing of such notice, shall not affect the property owners responsibilities as set forth herein after.

(d)   The owner of property, which abuts the location of sidewalks designated by the City Engineer, shall construct such sidewalk at the time of any improvement requiring a building permit is placed upon such property. No building permit shall be issued for any improvement upon such property without requiring the construction of such sidewalk as a part thereof. In the event no building permit has been applied for within two (2) years of the date of the City accepted the street improvement project, as complete, such owner shall construct such sidewalk no later than thirty (30) days after the expiration of such two (2) years. Such time may be extended by the City Engineer for just cause.

(e)   In the event any owner or property fails to comply with subsection (d), the city may send such owner written notice of such failure. Such notice may be sent to the address of the owner, as reflected in the tax records concerning the subject property. If no address for such owner is known, the notice may be posted on the property itself. If said owner continues to fail to comply with subsection (d) for thirty (30) days after the mailing of said notice, or the posting of such notice, the City may proceed to construct the sidewalk and assess all costs therefore against the subject property pursuant to K.S.A. 12-6a17.

(Ord. 576; Code 2022)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

(a)   Corner means a point of intersection of the lines of two (2) street curb faces extended into the street intersection.

(b)   Curb parking space means the length of the curb equal to twenty (20) feet where an automobile or other vehicle can park parallel thereto.

(c)   Curb return means the portion of a curb nearest to a driveway entrance which includes the radius of curvature, or the ramp-type lug or commercial or industrial type pavements and which connects the driveway entrance to the street curb.

(d)   Driveway means a place on private property for the operation of automobiles and other vehicles.

(Ord. 576; Code 2022)