CHAPTER XV. STREETS AND SIDEWALKSCHAPTER XV. STREETS AND SIDEWALKS\ARTICLE 1. SIDEWALKS

It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the governing body and a permit issued for such work by the city clerk.

(Code 1983)

Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the mayor and council shall order a sidewalk constructed as hereafter provided, the city shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade. If the grade has been established, the street superintendent shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade.

(K.S.A. 12-1801, 12-807; Code 1983)

All sidewalks constructed in this city shall be constructed to meet the requirements of specifications established by the city street superintendent which have been approved by the governing body.

(Code 1988)

When a petition signed by not less than 10 citizens owning real estate in the city requesting construction of a sidewalk is filed with the city clerk, the governing body may in its discretion, by a resolution, order such sidewalk constructed as herein provided.

(K.S.A. 12-1803; Code 1983)

When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned.

(K.S.A. 12-1804; Code 1983)

The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done.

(K.S.A. 12-1805; Code 1988)

Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his own expense and in accordance with official plans and specifications for the purpose and which meet such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution by the governing body. If such property owner desires the sidewalk to be constructed and reconstructed by the city and an assessment levied as provided by law in other cases, he shall file a request with the governing body. The governing body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body.

(K.S.A. 12-1806; Code 1983)

It shall be the duty of the owner of the abutting property to keep the sidewalk in repair (including replacement if removed); but the city may, after giving five days’ notice to the owner or his or her agent, if known, of the necessity for making repairs or without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law.

(Ord. 1927; Code 1988)

In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 15-106 hereof, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city or laws of Kansas, and for all contracts exceeding $1,000 entered into by the city for any purpose a statutory lien bond required by K.S.A. 60-141 shall be furnished.

(Code 1983)

It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, goods, containers, benches, display or show cases, on any sidewalks or other public ways in the city or to obstruct the same longer than is necessary for loading or unloading any such article or object, except that a bicycle stand may be located on the sidewalk at the intersection of Main Street and Mill Streets to be located on the southwest corner sidewalk extending west of Mill Street.

(Ord. 2076, Sec. 1)

The chief of police may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his contractor and approved by the chief of police. Sidewalk sales promoted by businesses are exceptions of this article.

(Code 1988)

Any person who shall construct or assist in constructing any sidewalk or crosswalk, or rebuild or assist in rebuilding any sidewalk or crosswalk, or make or assist in making any improvement whatsoever upon the streets, avenues or alleys of the city shall do so in accordance with the maps, plans, specifications and profiles of the city superintendent above mentioned, and the rules and directions herein contained.

(Code 1983)

For the violation of sections 15-110 or 15-112 of this article each day that the work is left in a condition unsatisfactory to the city inspector shall be considered a separate violation under this article with the exception that each such day shall not be considered a separate violation where repair work in accordance with city specifications and requirements has been commenced.

(Code 1983)