HomeMy WebLinkAboutOrdinance No. 5622 Sidewalk Construction *** Proof of Publication ***
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100 East 4th Street, Waterloo, Iowa 50703
Black Hawk County
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Waterloo, City of- Legals
715 MULBERRY ST.
WATERLOO IA 50703
RDER NUMBER 206099
Signed
Subscribed and sworn to before me this2. day of I JOV , 202-1.
CW /rY?.0(7
Notary Public v
Received of of L,U & I t OO
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for publication of the above invoice.
Notary Seal: ' t s CARMEN MAE STEPHENS
Z LL, COMMISSION NO.833851
rtmftr * MY)1v1171ION,EXPIRES
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 11/18/2021
TOTAL AD COST: 277.20
FILED ON: 11/19/2021
*** Proof of Publication ***
ORDINANCE NO.5622
AN ORDINANCE AMENDING THE CITY
OF WATERLOO CODE OF ORDINAN-
CES BY REPEALING CHAPTER 2,
SIDEWALK CONSTRUCTION, INSPEC-
TIONS,AND REPAIR,AND ARTICLE A,
INSPECTION AND REPAIR,OF TITLE 7,
PUBLIC WAYS AND PROPERTY.
BE IT ORDAINED by the City Council of
the City of Waterloo,Iowa,that the City of
Waterloo Code of Ordinances is hereby
amended as follows:
That Title 7,Public Ways and Property,of
the City of Waterloo,Code of Ordinances
be amended by repealing Chapter 2,
Sidewalk Construction, Inspections, and
Repair, and Article A, Inspections and
Repair,as follows:
7-2-1: CITY COUNCIL TO ORDER
CONSTRUCTION:
A. Permanent Or Temporary Sidewalks:
The city council may,by resolution,order
the construction of permanent and/or
temporary sidewalks upon any streets,
highways, avenues or public grounds in
the city,but the construction of permanent
sidewalks shall not be made until the bed
of the sidewalks shall have been graded,
so that when completed, the sidewalks
shall be at the established grade.
B. Vote Required For Improvement:
Unless the owners of a majority of the
linear feet of property fronting on the
proposed sidewalk improvement petition
the city council therefor, the proposed
improvement shall not be made unless
three-fourths(3/4)of all the members of
the city council shall,by vote,order the
making thereof.(Rev.Ord. 1193,Comp.
1941, p. S-14; amd. Ord. 3626,
3-13-1989;Ord.3649,6-5-1989)
7-2-2:PUBLIC IMPROVEMENT PROCE-
DURES:
The procedure for the construction of the
public improvements in the nature of the
construction of new public sidewalks,
whether permanent or temporary,shall be
governed by any and all provisions of the
Iowa Code,then in existence,with regard
to notice for hearing,publication of notice,
notice of assessments and any other
relevant statutory rules and regulations.
(Rev. Ord. 1193, Comp. 1941, p. S-14;
amd. Ord. 3626, 3-13-1989; Ord. 3649,
6-5-1989)
7-2-3: SPECIAL ASSESSMENTS FOR
IMPROVEMENTS:
A. Payments: Any assessment that
exceeds five hundred dollars ($500.00)
may be paid in installments as set by the
city council,not exceeding nine(9),in the
same manner and at the same interest
rate as for special assessments under
Iowa Code chapter 384,division IV.(Ord.
5346,4-11-2016)
B. Certification Of Special Assessments
To County Treasurer: Upon making the
special assessment pursuant to this
chapter,it shall be certified to the county
treasurer and shall be placed on the tax
list as is provided by law. (Ord. 4611,
4-28-2003)
7-2-4:JOB PERMITS REQUIRED:
A. No person, except the public works
director or the city engineer,while acting
in their official capacity,or a contractor in
performing the necessary work on a
contract with the city, shall construct or
cause to be constructed any concrete
sidewalk in any public street, avenue,
alley or highway within the city except
such walks as are required to connect
residences or other buildings with the city
sidewalks, curbs or street roadways,
without first obtaining a permit therefor,
signed by the city engineer.The permit
shall describe the location of the work and
state the time in which it is to be done.If
an extension of time is required, the
permittee shall present the permit to the
city engineer for an extension of the
completion date,and no extension of time
shall be valid unless signed by the city
engineer.
B. All permits issued pursuant to
subsection A of this section must be kept
at the place of construction for which they
were issued during the time when the
work is being done and exhibited when
called for by the city official having the
authority to examine the permit(s).
C. Sidewalk improvement permit fees
shall be set by resolution of the city
council and be collected by the office of
the city engineer.Work performed by the
city shall not require a permit fee. (Rev.
Ord. 1783, Comp. 1941, p. S-25; amd.
Ord. 2878, 4-18-1977; Ord. 3626,
3-13-1989;Ord.3649,6-5-1989)
7-2-5:CONTRACTOR'S BOND:
Any person constructing sidewalks within
the city must first file a right of way
construction bond with the city clerk in the
sum of fifteen thousand dollars
($15,000.00), effective January 1. 2017.
The application for such construction
must be approved by the city council and
conditioned upon the fulfillment of the
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toltowmg:
A.Faithful performance of all duties and
regulations required by this chapter;
B.Faithful performance of every driveway
and sidewalk specification on file in the
city engineer's office,and/or any provision
of this code or other city ordinance
regulating the construction,reconstruction
or repair of sidewalks within the city;
C. Prompt payment to the city of any
sums that may become due for any
reason or under this chapter;
D. Prompt payment of all fines imposed
upon said person for a violation of this
chapter,which violations occur during the
life of the bond;and
E. Upon indemnifying and keeping the
city harmless from any liability arising
from said person's constructing or recon-
structing sidewalks within the city. (Ord.
5346,4-11.2016)
7-2-6: STANDARDS AND SPECIFICA-
TIONS:
Standards and specifications for concrete
sidewalks shall be prescribed from time to
time by the city council,and shall be on
file in the office of the city engineer;
conformance with such standards and
specifications is required, and failure to
comply shall be grounds for revocation of
the permit issued pursuant to this chapter
to construct a sidewalk. (1970 Code §
33-70)
7-2-7:VIOLATION;PENALTY:
A.Any person violating the provisions of
this chapter shall be deemed guilty of an
offense,and shall be liable for all damage
sustained by the city or by any person.
Failure to comply with any of the
provisions of this chapter shall be
deemed a municipal infraction and upon
conviction thereof shall be punished in
accordance with subsection 1-3-2C of this
code.
B. In the case of a construction
specification of this chapter not being
complied with, the sidewalk contractor
shall be given written notice by the city
engineer,or designee,stating the specifi-
cations not complied with and the
contractor shall cause the work to comply
with such specifications within fifteen(15)
days of the mailing of the notice. If the
contractor fails to comply with the notice,
the bonding company shall be notified by
regular mail of such failure to comply.
C.Any person who shall have violated the
provisions of this chapter shall be refused
any further permit required by this chapter
until that person has complied with all the
provisions of this chapter. (Ord. 3626,
3-13-1989; amd. Ord. 3649, 6-5-1989;
Ord.4441,10-16-2000)
ARTICLE A.INSPECTION AND REPAIR
SECTION:
7-2A-1:Definitions
7-2A-2:Sidewalk Specifications
7-2A-3:Permits
7-2A-4:Inspections
7-2A-5:Improvements And Repairs
7-2A-6:Barricades And Warning Lights
7-2A-7:Cost Of Improvements;
Assessments
7-2A-8:Vacation Of Sidewalks
7-2A-1:DEFINITIONS:
As used in this article,the following words
have the following meanings:
CITY ENGINEER: The city engineer or
personnel designated by the city engineer
to perform the duties prescribed for the
engineer by this article.
DEFECTIVE SIDEWALK: Any public
sidewalk exhibiting one or more of the
following characteristics:
A. Vertical separations equal to three-
quarters inch(3/4")or more;
B. Horizontal separations equal to
three-quarters inch(3/4")or more;
C.Spalling or surface deterioration over
fifty percent (50%) of the surface of a
single square of the sidewalk and one or
more half-inch(1/2")depressions;
D.A single square of sidewalk cracked in
such a manner causing three(3)or more
pieces with one or more loose pieces;
E. A sidewalk that is sloped or tilted
creating water pockets, greater than Y:
the width of the sidewalk, measured at
any one point;
F.A change from design or construction
grade equal to or greater than two inches
(2")in a ten foot(10')long area or less;
G.Holes and/or depressions greater than
one-half inch (1/2") deep and one and
one-half inches (11/2") or more in any
horizontal dimensions; Holes to the full
depth of the sidewalk shall be repaired by
removal and replacement of the full panel
from existing joint to existing joint.
H.Vertical or horizontal separations equal
to three-fourths inch(3/4")or more where
sidewalk abuts the curb, or any other
fixture or structure and the separation is
deemed unsafe;
I. Any other defects deemed unsafe by
the City Engineer.
OWNER:The person owning the fee title
or the contract purchaser for purposes of
notification required herein. For all other
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purposes, "owner" shall include the
lessee,if any.
SIDEWALK IMPROVEMENTS: The re-
construction, repair, replacement or re-
moval of a public sidewalk or the
excavating,filling or depositing of material
in the public right of way in connection
therewith.
SIDEWALK REPAIRS: Sidewalk repairs
shall be by removal and replacement of
full sidewalk panels from existing joint to
existing joint for all defect types except
surface depressions with an area of
eighteen (18) square inches or less,
which qualify for repair by patching. No
sidewalk panel shall have a patched area
exceeding 20%of the panel's total area.
Sidewalk panels exceeding 20% of
patched surface area shall be removed
and replaced from existing joint to existing
joint.A list of approved patching materials
shall be on file in the city engineers
office.(Ord.3626,3-13-1989;amd.Ord.
3649,6.5-1989;Ord.3875,7-6-1992)
7-2A-2:SIDEWALK SPECIFICATIONS:
All sidewalk improvements on public
property,whether performed by the owner
of the abutting property or by the city,
shall be performed under the supervision
and inspection of the city engineer or
designee and in accordance with the
plans and specifications prepared by the
city engineers office and approved by the
city council. No permanent sidewalk
improvements shall be performed until the
bed for the same shall have been graded
so that when completed such sidewalk
shall be at the location and grade
established by the city engineer or
designee. (Ord. 3626, 3-13-1989; amd.
Ord.3649,6-5-1989)
7-2A-3:PERMITS:
A. Permit Required: No person shall
make any sidewalk improvements wheth-
er ordered by the city council or not,
unless such person obtains a permit from
the city engineer and agrees that, in
making the sidewalk improvements,com-
pliance will be made with the ordinances
of this city and with the specifications for
the sidewalks as prepared by the city
engineer and approved by the city
council,and that the work shall be done
under the direction and supervision of the
city engineer and subject to the approval
of the city engineer or designee.
B.Bonds:A bond shall be required for all
repairs except repairs made by patching
as allowed under the definition of
"sidewalk repairs"in section 7-2A-1 of this
article. The bond shall be filed in the
proper amount and the owner shall also
agree to hold the city free from all liability
for damages on account of injuries
received by anyone through the negli-
gence of such person or agents thereof in
making the sidewalk improvements,or by
reason of failure to properly guard the
premises.
C. Filing, Term Of Permits: All permits
issued shall be filed and preserved in the
office of the city engineer.Before granting
any permit to make sidewalk improve-
ments,the city engineer shall determine
the appropriateness of the same and shall
state in all permits issued when the
sidewalk work is to be completed.
D. Extension Of Permit: The time of
completion for the sidewalk improvements
may be extended by the city engineer
when in his judgment the extension is
deemed necessary. The city engineer
may withhold the issuance of any permit
for any sidewalk improvements for a
sufficient period to determine the necessi-
ty for the proposed improvements or if
weather conditions will adversely affect
the sidewalk improvements.
E. Permit Fees: Sidewalk permit fees
shall be set by resolution of the city
council and collected by the city
engineers office.Work performed by the
city shall not require a permit fee.(Ord.
3626, 3-13-1989; amd. Ord. 3649,
6-5-1989;Ord.3708,4-23-1990)
F. Failure To Obtain Permit: Whenever
any sidewalk improvements are not
completed in conformance to the provi-
sions of this article,i.e.,not in compliance
with the current sidewalk standard
specifications,or without a permit,the city
engineer shall serve notice upon the
property owner and/or the contractor
doing such work of the nonconformance.
If construction work is underway without a
permit,the notice shall order the work to
cease until a permit is obtained,and a fee
of three (3) times the permit cost in
addition to the cost of the original permit
is paid. If the sidewalk improvement
underway with a permit is not in
conformance with the current sidewalk
specifications,all work must be corrected
to comply with the current specifications.
In the event that the sidewalk work has
been completed without obtaining a
permit, a permit shall be immediately
obtained,and a fee of three(3)times the
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IJCI11111 GUJI Ill auuILIun W lilt GUJ(VI UIC
original permit is paid, and any correc-
tions needed shall be completed within
five(5)days after receipt of the permit.
Any person who shall have violated the
provisions of this chapter shall be refused
any further permits required by this
chapter until he has complied with all of
the provisions of this chapter. Failure to
comply with this notice shall result in the
completion of the work being done by the
office of the city engineer with the costs
being assessed to the property owner as
provided in this article. (Ord. 4611,
4-28-2003)
7-2A-4:INSPECTIONS:
A.Time Of Inspections:The office of the
city engineer,its employees,or designees
shall be responsible for inspecting the
public sidewalks on a twelve (12) year
cycle within the city or on a complaint
basis.These inspections shall be made to
determine if any of the public sidewalks
within the city are defective as previously
defined.
B. Inspection And Approval: The city
engineer,or a designee,shall inspect the
work,and may order the corrections if the
work does not meet specifications.(Ord.
3626, 3-13-1989; amd. Ord. 3649,
6-5-1989)
7-2A-5: IMPROVEMENTS AND RE-
PAIRS:
A.Sidewalk Improvements Ordered:The
city engineer may order the reconstruc-
tion,repair or replacement of permanent
sidewalks upon any public right of way.
Notice of this order shall be sent to the
owner by regular mail.This notice shall
include the fact that a hearing shall be
held by the city council within thirty(30)
days from the date of sending of the
notice. The notice shall also contain
information regarding the estimated costs
of reconstruction, repair or replacement,
as estimated by the office of the city
engineer.
B.Defective Sidewalks Repaired:It shall
be the duty of the abutting property owner
at any time,or within forty five(45)days
from the date of notice from the city,to
repair,replace or reconstruct all broken or
defective sidewalks in the public right of
way abutting said property. If, after the
expiration of the forty five(45)days,as
provided in the notice,the required work
has not been done or is not in the process
of completion, the city engineer shall
proceed to repair,replace or reconstruct
the sidewalk. The total costs, including,
but not limited to,engineering,inspection,
construction and administrative costs,
shall be assessed to the property as
taxes or special assessments as provided
hereinafter.(Ord.3626,3-13-1989;amd.
Ord.3649,6-5-1989)
7-2A-6: BARRICADES AND WARNING
LIGHTS 1:
Proper warning lights and barricades shall
be placed to protect persons from
materials, equipment and dangerous
conditions. Placement and maintenance
of adequate warnings is the responsibility
of the constructor, or the person
conducting the work. (Ord. 3626,
3-13-1989;amd.Ord.3649,6-5-1989)
Notes
1.See also sections 7-1-3 and 7-3-10 of
this title.
7-2A-7: COST OF IMPROVEMENTS;
ASSESSMENTS:
A.Hearing On Estimated Costs:The city
council shall hold a hearing within thirty
(30)days from the date of the sending of
the notice,as aforementioned,wherein,at
the time and place designated in the
notice,the city council shall consider the
estimated costs of reconstruction, repair
or replacement which may be assessed
against the property owners and any
errors,irregularities or inequalities in the
proposed reconstruction, repair or re-
placement.Affected property owners shall
have the right to object to the proposed
costs.
B. Notice Of Assessment For Repair
Costs:When the city engineer submits an
assessment for sidewalk improvements or
repair,the city clerk shall send a notice of
such facts to the owner of the abutting
property. The notice shall be sent by
regular mail to the last known address of
the owner. The notice shall contain a
statement of the work performed,the total
costs of the work that is being assessed,
a description of the property affected,and
the fact that the person may pay the
amount assessed by a certain date
without interest or penalty. The notice
shall also indicate that the person may
object to such assessment,on account of
errors, irregularities or inequalities, and
give the place and time at which the city
council will hear such objections. The
time set for hearing shall be within thirty
(30)days after the service or mailing of
the notice.
C.Hearing And Assessment:At the time
and place designated in the notice, the
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city council shall consider all objections to
the assessment, correct all errors or
omissions and adopt a corrected list of
the amounts to be assessed against the
property. (Ord. 3626, 3-13-1989; amd.
Ord.3649,6-5-1989)
D. Billing,Certification To County:Thirty
(30) days after the decision of the city
council of the assessment,the city clerk
shall certify any unpaid amounts to the
Black Hawk County treasurer.The unpaid
assessments shall be collected by the
county treasurer in the same manner as
special assessments. The following
schedule shall control the method where-
in the property owner shall be required to
pay any unpaid portion of the total costs
of the repair of the sidewalk:
$0.00 to$500.00 1 year
$500.01 to$1,500.00 3 years
$1,500.01 to$2,500.00 5 years
$2,500.01 to$3,500.00 7 years
$3,500.01 and over 9 years
Such assessments shall be paid in the
same manner and at the same interest
rates as for special assessments under
Iowa Code chapter 384, division IV. No
interest shall be charged for such
assessments, or parts thereof, if paid
within thirty(30)days from the date of the
city council determination on the final
amounts of the assessment.(Ord.5346,
4-11-2016)
7-2A-8:VACATION OF SIDEWALKS:
A sidewalk may be vacated by the owner
of the property by making a request to the
planning,programming and zoning com-
mission. The city engineer, and/or his
designee, will review the request and
forward it, along with his recommenda-
tion, to the planning, programming and
zoning commission. The planning, pro-
gramming and zoning commission will
review the vacation request at its regular
monthly meeting.The commission's rec-
ommendation will be forwarded to the city
council for its consideration at its next
regular meeting. (Ord. 3626, 3-13-1989;
amd.Ord.3649,6-5-1989)
PASSED AND ADOPTED this 1st day of
November 2021.
Quentin Hart,Mayor
Attest:Kelley Felchle,City Clerk
it