HomeMy WebLinkAbout3626-03.13.1989 ORDINANCE NO. 3626
AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA:
BY REPEALING SECTIONS 33-52 , 33-53 , 33-60 , 33-62 , 33-63 ,
33-64, 33-65, 33-66 , 33-67 , 33-68 , OF ARTICLE IV,
SIDEWALKS, OF CHAPTER 33 , STREETS AND SIDEWALKS; AND BY
ENACTING IN LIEU THEREOF NEW SECTIONS 33-52 , 33-53 ,
33-54 , 33-60 , 33-62 , 33-66 , 33-67, 33-68, OF ARTICLE IV,
SIDEWALKS, OF CHAPTER 33 , STREETS AND SIDEWALKS;
AND BY ADDING DIVISION 3 , SIDEWALK INSPECTION AND
REPAIR, TO CHAPTER 33 , STREETS AND SIDEWALKS;
AND BY REPEALING THE TITLE "DIVISION 3 . BUS STOP
BENCHES" ; AND ENACTING IN LIEU THEREOF A NEW TITLE
"DIVISION 4 . BUS STOP BENCHES" ;
AND BY REPEALING SUBSECTION (b) OF SECTION 33-80 , PERIOD
OF AMORTIZATION FOR PUBLIC IMPROVEMENTS, OF ARTICLE V,
EXCAVATIONS, OF CHAPTER 33 , STREETS AND SIDEWALKS; AND
BY ENACTING IN LIEU THEREOF A NEW SUBSECTION (b) OF
SECTION 33-80 , PERIOD OF AMORTIZATION FOR PUBLIC
IMPROVEMENTS, OF ARTICLE V, EXCAVATIONS, OF CHAPTER 33 ,
STREETS AND SIDEWALKS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
as follows:
That Sections 33-52 , 33-53 , 33-60 , 33-62, 33-63 , 33-64 , 33-65 ,
33-66 , 33-67, 33-68 , of Article IV, Sidewalks , of Chapter 33 ,
Streets and Sidewalks, of the 1988 Code of Ordinances of the City
of Waterloo, Iowa, are hereby repealed in their entirety; that new
Sections 33-52, 33-53 , 33-54 , 33-60 , 33-62, 33-66 , 33-67 , 33-68,
of Article IV, Sidewalks, of Chapter 33 , Streets and Sidewalks, of
the 1988 Code of Ordinances of the City of Waterloo, Iowa, are
hereby enacted in lieu thereof as follows:
Sec. 33-52. Removal of snow and ice from sidewalks.
It shall be the responsibility of the abutting property owner
to remove accumulations of snow and ice from the sidewalks within
a reasonable amount of time.
Sec. 33-53 . Responsibility of abutting property owner.
The abutting property owner shall also be required to
maintain all public right of way between the property line and the
edge of roadway or curb line upon the public streets . This shall
include, but not be limited to, sidewalk maintenance and repair,
keeping the ground at a level grade with the street, keeping the
area free of holes, fences, litter, debris, all loose materials
and all other obstructions, except the abutting property owner is
not required to remove diseased trees or dead wood.
Sec. 33-54. Penalty for violation of article generally; failure
of contractor to adhere to prescribed specifications.
(a) Any person violating the provisions of this article
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 constitute a
misdemeanor, and be punishable by a fine not to exceed $100.00 or
be subject to imprisonment not to exceed thirty ( 30 ) days, or
constitute a municipal infraction violation in accordance with
Section 1-8 of the Code of Ordinances of the City of Waterloo,
Iowa.
On 2O± PACE 1
Ordinance No. 3626
Page 2
(b) In the case of a construction specification of this
article not being complied with, the sidewalk contractor shall be
given written notice by the City Engineer, or designee, stating
the specifications not complied with and the contractor shall
cause the work to comply with said specifications within fifteen
( 15) days of the mailing of the notice. If a contractor fails to
comply with the notice, the bonding company shall be immediately
notified by certified mail of said failure to comply.
(c) Any person who shall have violated the provisions of
this article shall be refused any further permit required by this
article until that person has complied with all the provisions of
this article.
Sec. 33-60 . Council may order construction of permanent or
temporary sidewalks; grade to be established for
permanent sidewalks.
The Council may by resolution order the construction of
permanent 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.
Sec. 33-62 . Procedure for Public Improvements--Construction of
New Public Sidewalks.
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 Code of Iowa, then in existence, with regard to
notice of hearing, publication of notice, notice of assessments,
and any other relevant statutory rules and regulations.
Sec. 33-63 . Repealed.
Sec. 33-64. Repealed.
Sec. 33-65. Repealed.
Sec. 33-66 . Special assessment may be paid in installments.
Any assessment that exceeds Fifty Dollars ( $50 . 00) may be
paid in installments as set by Council, not exceeding ten ( 10) , in
the same manner and at the same interest rates as for special
assessments under Chapter 384 , Division IV, Code of Iowa.
Sec. 33-67. Certification of Special Assessment to County
Treasurer.
Upon making the special assessment pursuant to this division,
it shall be certified to the County Treasurer and shall be placed
on the tax list as is provided by law.
Sec. 33-68. Job permits: Required for contractors; exception;
contents of permit; extension of time for
completion of work; posting permit; permit fee.
(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,
00
BOOK Ud 4
Ordinance No. 3626
Page 3
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) 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.
That Division 3 , Sidewalk Inspection and Repair, is hereby added
to Chapter 33 , Streets and Sidewalks, of the 1988 Code of
Ordinances of the City of Waterloo, Iowa, as follows:
DIVISION 3 . SIDEWALK INSPECTION AND REPAIR.
Sec. 33-71 . Definitions.
As used in this chapter, the following words have the
following meanings:
(a) Defective Sidewalk. Any public sidewalk exhibiting one
or more of the following characteristics:
1. Vertical separations equal to 1/2 of an inch or
more;
2 . Horizontal separations equal to 1/2 of an inch or
more;
3 . Spalling over ten percent ( 10%) of the surface of a
single square of the sidewalk or any single surface
depression;
4. A single square of sidewalk cracked in such a
manner causing horizontal separation or vertical
separation of 1/2 inch or more or causing holes;
5. A sidewalk that is sloped or tilted creating water
pockets;
6. A change from design or construction grade equal to
or greater than two ( 2) inches in a ten ( 10) foot
long area or less;
7. Any other defects deemed unsafe.
(b) Sidewalk Improvements. The reconstruction, repair,
replacement, or removal of a public sidewalk or the excavating,
filling, or depositing of material in the public right-of-way in
connection therewith.
(c) Sidewalk Repairs. Sidewalk repairs shall be by removal
and replacement of full sidewalk squares from existing joint to
existing joint.
BOOK284 PAGE 72 9
Ordinance No. 3626
Page 4
(d) Owner. The person owning the fee title or the contract
purchaser for purposes of notification required herein. For all
other purposes, "owner" shall include the lessee, if any.
(e) City Engineer. The City Engineer or personnel
designated by the City Engineer to perform the duties prescribed
for the Engineer by this chapter.
Sec. 33-71 . 1. 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 Engineer' s 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.
Sec. 33-71. 2. Permits.
(a) No person shall make any sidewalk improvements whether
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, compliance 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) A 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
negligence of such person or agents thereof in making the sidewalk
improvements, or by reason of failure to properly guard the
premises.
(c) All permits issued shall be filed and preserved in the
office of the City Engineer. Before granting any permit to make
sidewalk improvements, the City Engineer shall determine the
propriety of the same and shall state in all permits issued when
the work is to be commenced, if not upon issuance of the permit,
and when the sidewalk work is to be completed.
(d) The time of completion for the sidewalk improvements may
be extended by the City Engineer when in the Engineer' s judgment
the same is deemed necessary. The City Engineer may withhold the
issuance of any permit for any sidewalk improvements for a
sufficient period to determine the necessity for the proposed
improvements or if weather conditions will adversely affect the
sidewalk improvements .
(e) Sidewalk improvement permit fees shall be set by
resolution of the City Council and collected by the City
Engineer' s Office. Work performed by the City shall not require a
permit fee.
Sec. 33-71 . 3 . Inspection of sidewalks.
The Office of the City Engineer, its employees, or designees
shall be responsible for inspecting the public sidewalks on a ten
( 10) year cycle within the City of Waterloo, Iowa. These
inspections shall be made to determine if any of the public
sidewalks within the City are defective as previously defined.
BOOK 2 PACE ; : t)
Ordinance No. 3626
Page 5
Sec. 33-71 . 4 . Failure to obtain permit; remedy.
Whenever any sidewalk improvements are made not in
conformance to the provisions of this chapter, without
specifications, or without a permit, the City Engineer shall serve
notice upon the property owner and the contractor doing said work
of said nonconformance. If the sidewalk is in the course of
construction, the notice shall order the work to cease until a
permit is obtained or the work is corrected to comply with the
specifications. In the event that the sidewalk work has been
completed, a permit shall be immediately obtained and any
corrections needed shall be completed within five days after
receipt of the permit. 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 assessed to the property owner as
provided in this chapter.
Sec. 33-71 . 5. Inspection and Approval.
The City Engineer, or a designee, shall inspect the work.
The City Engineer may order the corrections if the work does not
meet specifications .
Sec. 33-71 . 6 . Barricades and Warning Lights.
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, the owner, or the lessee of the
property.
Sec. 33-71 .7 . Ordering Sidewalk Improvements.
The City Engineer may order the reconstruction, repair, or
replacement of permanent sidewalks upon any public street or
court. Notice of this order shall be sent to the owner by
certified mail. This notice shall include the fact that a hearing
shall be held by the City Council within fifteen ( 15 ) 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.
Sec. 33-71 . 8 . Hearing on Estimated Costs of Improvements and
Assessments.
The City Council shall hold a hearing within fifteen ( 15)
days from the date of the sending of the notice, as
aforementioned, wherein, at the time and place designated in the
notice, the 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
replacement. Affected property owners shall have the right to
object to the proposed costs.
Sec. 33-71. 9 . Repairing Defective Sidewalks.
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.
BOOK 481 PACE ez,
'Ordinance No. 3626
• Page 6
Sec. 33-71 . 10 . 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 may be
given either by personal service or by certified 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 Council will hear such objections. The time set for hearing
shall be at least fifteen ( 15 ) days after the service or mailing
of the notice.
Sec. 33-71 . 11 . Hearing and Assessment.
At the time and place designated in the notice, the 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.
Sec. 33-71. 12 . Billing and Certifying to County.
Thirty days after the decision of the Council on the
assessment, the City Clerk shall certify any unpaid amounts to the
Treasurer of Black Hawk County. The unpaid assessments shall be
collected by the County Treasurer in the same manner as special
assessments. The following schedule shall control the method
wherein the property owner shall be required to pay any unpaid
portion of the total costs of the repair of their sidewalk:
$ 0. 01 to $ 50.00 One ( 1) yeal.
$ 50. 01 to $250 . 00 Three ( 3 ) years
$250. 01 to $500. 00 Five ( 5) years
$500. 01 to $700.00 Seven ( 7) years
$700. 01 and over Ten ( 10) years
Said assessments shall be paid in the same manner and at the same
interest rates as for special assessments under Chapter 384,
Division IV, Code of Iowa--Special Assessments. No interest shall
be charged for said assessments, or parts thereof , if paid within
thirty ( 30) days from the date of the Council determination on the
final amounts of the assessment.
Sec. 33-71 . 13 .
If any section, provision, or part of this chapter shall be
adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the chapter as to whole or any
section, provision, or part thereof not adjudged invalid or
unconstitutional.
That the title, "DIVISION 3 . BUS STOP BENCHES. " is hereby
repealed in its entirety; that a new title, "DIVISION 4 . BUS STOP
BENCHES. " is hereby enacted in lieu thereof.
That Subsection (b) of Section 33-80, Period of amortization for
public improvements, of Article V, Excavations, of Chapter 33 ,
Streets and Sidewalks, of the 1988 Code of Ordinances of the City
BOOK, &I PAGE 4 Ca5
Ordinance No. 3626
Page 7
of Waterloo, Iowa, is hereby repealed in its entirety; that a new
Subsection (b) of Section 33-80, Period of amortization for public
improvements, of Article V, Excavations, of Chapter 33 , Streets
and Sidewalks, of the 1988 Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted in lieu thereof as follows:
Sec. 33-80. Period of amortization for public improvements.
(b) The period of amortization, to be computed in the same
manner as established in subsection (a) hereof , is hereby
established as ten ( 10 ) years for sidewalks and three ( 3 ) years
for the repair of street grading, street surfacing with oil,
gravel, oil and gravel or chloride, and ten ( 10 ) years for the
removal of diseased or dead trees.
INTRODUCED: February 27 , 1989
PASSED 1ST CONSIDERATION: February 27 , 1989
PASSED 2ND CONSIDERATION: March 6 , 1989
PASSED 3RD CONSIDERATION: March 13 , 1989
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 13th day of March, 1989 , and approved by
the Mayor on the 15th day of March, 1989.
Cnard L. Mc l y, yor
ATTEST:
r P. rge , Cit le /Auditor
CERTIFICATE
I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3626 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 13th day of March, 1989 .
Witness my hand and seal of office this 15th day of March,
1989.
L ry P. urger, • Cle ditor
1.1
Co:.1PARELA BLACK HAWK COUNTY, IOWA:SS
PAGED ' Fred for record fle_a•a3 19 8
at 10 f 0 A `NI, and recorded in
/YU-4-c, Bcok
Page 7,A U
�a..- ^ate 2<✓. cpn
Co;
Recorder o
Deputy
fee 35.0p
Lalic,kak 1 ti
BOOK 284 PACE .2