Chapter 13-Sidewalks, Snow Removal, Sidewalk Obstructions

6-13-1 PURPOSE
6-13-2 DEFINITIONS
6-13-3 SIDEWALK STANDARDS
6-13-4 SIDEWALK REQUIREMENTS
6-13-5 INSPECTION UPON A CHANGE IN OWNERSHIP
6-13-6 PERMITS FOR CONSTRUCTION OR REMOVAL
6-13-7 INSPECTION OF PRIVATE WORK: REMEDIES
6-13-8 BARRICADES AND SIGNAL LIGHTS
6-13-9 INTERFERENCE WITH SIDEWALK IMPROVEMENTS
6-13-10 ORDERING NEW SIDEWALKS
6-13-11 SIDEWALKS REQUIRED UPON NEW CONSTRUCTION
6-13-12 SIDEWALK INSTALLATION/RECONSTRUCTION AS A PART OF FUTURE STREET PROJECTS
6-13-13 REPAIRING DEFECTIVE SIDEWALKS
6-13-14 NOTICE OF ASSESSMENT OF REPAIR
6-13-15 HEARING AND ASSESSMENT
6-13-16 BILLING AND CERTIFYING TO COUNTY
6-13-17 LIABILITY OF ABUTTING OWNERS
6-13-18 FAILURE TO REPAIR OR BARRICADE

REMOVAL OF SNOW AND ICE

6-13-19 DUTY OF PROPERTY OWNER
6-13-20 FAILURE OF OWNER TO REMOVE
6-13-21 REMOVAL BY CITY, ASSESSING COSTS
6-13-22 ASSESSMENT PROCEDURE WHEN REMOVED BY CITY
6-13-23 REMOVAL FROM PRIVATE PROPERTY
6-13-24 REMOVAL FROM COMMERCIAL DRIVES
6-13-25 REMOVAL FROM SIDEWALKS

SIDEWALK OBSTRUCTIONS

6-13-26 PERMIT REQUIRED
6-13-27 INSURANCE REQUIRED
6-13-28 STATE CONCURRENCE
6-13-29 EXEMPTIONS UNDER THE FIRST AMENDMENT
6-13-30 TEMPORARY EXEMPTION
6-13-31 BLANKET EXEMPTION
6-13-32 PERMIT REQUIRED
6-13-33 AREA LIMITED
6-13-34 EXEMPTIONS – U.S. POSTAL SERVICE
6-13-35 PENALTY FOR VIOLATION
6-13-36 STANDARD SPECIFICATIONS

6-13-1 PURPOSE.

The purpose of this ordinance is to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner so as to assure safe passage by citizens and minimize the liability of the City.

6-13-2 DEFINITIONS.

For use in this chapter the following terms are defined:

1.) “Broom Finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening to create a skid resistant surface.

2.) “Concrete” means Portland cement with a minimum 4,000 PSI.

3.) “Defective Sidewalk” means any public sidewalk exhibiting one or more of the following characteristics:

a.) Vertical separations equal to one (1) inch or more.

b.) Horizontal separations equal to one (1) inch or more.

c.) Holes or depressions or deflections equal to one (1) inch or more and at least four (4) inches in diameter.

d.) Spalling over fifty percent (50%) or more of a single square of the sidewalk with one or more depressions equal to one (1) inch or more.

e.) A single square of sidewalk cracked in such a manner that no unbroken portion is greater than one square foot.

f.) A sidewalk with any part thereof missing to the full depth.

g.) A change from the design or construction grade equal to or greater than three fourths (3/4) inch per foot.

4.) “Established Grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.

5.) “One-course Construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.

6.) “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.

7.) “Sidewalk” means all permanent public walks in business, residential or suburban areas.

8.) “Sidewalk Improvements” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.

9.) “Spalling” means breaking up into flakes, chips or fragments.

6-13-3 SIDEWALK STANDARDS.

Unless in contradiction to the City’s Standard Specifications or the Council-approved plans of the City Engineer, sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

1.) Concrete. Air-entrained Portland cement with a minimum 4,000 PSI shall be used in the construction and repair of sidewalks.

2.) Construction. Sidewalks shall be of one-course construction.

3.) Sidewalk Base. Concrete may be placed directly on compacted and well-drained soil. Where soil is no well drained, a three (3) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the Building Official.

4.) Joint Filler. A one-half (1/2) inch non-extruding type expansion joint shall be provided between all sidewalks and adjoining backs of curbs and between intersecting sidewalks and between sidewalks and driveways.

5.) Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

6.) Valves Boxes and Manholes. All water valve boxes and manholes shall be adjusted flush with the sidewalk.

7.) Length, Width and Depth. Length, width and depth requirements are as follows:

a.) Residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall normally be scored at four (4) foot intervals, but in no case more than six (6) foot intervals.

b.) Central Business District sidewalks shall extend from the property line to the curb. Each section shall be not less than four (4) inches thick and, at a minimum, shall match the width of existing commercial sidewalks being replaced.

c.) Driveway areas shall be not less than four (4) inches thick for residential applications and not less than six (6) inches in thickness for all other applications including alley crossings.

d.) In areas where sidewalks are something other than 4 feet wide on both sides of a sidewalk meant for reconstruction or replacement, the width of the reconstructed/replaced area may match the existing sidewalks in the immediate area. In situations where a new sidewalk takes off from the end of an existing sidewalk of less than 4 feet in width, the new sidewalk must be at least 4 feet in width.

8.) Location.

a.) Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one (1) foot from the property line, unless the City establishes a different distance due to circumstances such as for the preservation of existing trees.

b.) Utility companies contemplating the installation of their infrastructure shall not create conflicts or obstacles to the placement of future sidewalks or the reconstruction or maintenance of existing sidewalks. This also applies to streets where sidewalks do not currently exist.

9.) Grade. Curb tops shall be on level with the correct centerline of the street which shall be at the established grade.

10.) Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb where sidewalks adjoin the curb and one-half (1/2) inch above the curb for each foot between the curb and the sidewalk elsewhere.

11.) Slope. All sidewalks shall slope one-quarter (1/4) inch per foot toward the curb.

12.) Finish. All sidewalks shall be finished with a “broom” finish to provide a non-skid surface.

13.) Curb Ramps for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable Federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board. (Code of Iowa, Sec. 216C.9)

14.) Maintenance and Repairs. The following is permitted:

a.) Grinding may be done to even-out heaved-up sidewalk panes if it results in a compliant sidewalk.

b.) Sidewalk patching may be done but only to fill cracks of one inch or less. Patching or patching material cannot be used to level heaved-up sidewalks or to replace missing pieces of sidewalk.(Ord. 1110, 06-17-13) (Amended during 2014 codification)

6-13-4 SIDEWALK REQUIREMENTS.

Sidewalks are necessary to provide a safe surface for pedestrian traffic to move about within the City. Therefore, the following sidewalk requirements are established within the City:

1.) Building Permit Required. Installation of new sidewalks shall be required with the issuance of a building permit.

2.) Periodic Inspection. On a periodic basis, sidewalks within the City shall be inspected by the City and notice shall be sent to property owners whose sidewalks are in need of repair.

3.) Surveying, If Required. The property owner shall pay for surveying when required.

4.) In the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of the abutting property owner by this or any other related ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the abutting property owner may be liable for damages caused by failure or refusal to maintain the sidewalk and/or to perform any act required of the abutting property owner by this or any other related ordinance. Prior to being held liable for damages, the City shall notify in writing the abutting property owner that it claims the injury was caused by the abutting property owner’s negligence and/or the abutting property owner’s failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the abutting property owner who is being person notified is liable to it for any judgment rendered against the City, and asking the abutting property owner to appear and defend. A judgment obtained in the suit is conclusive in any action by the City against any abutting property owner so notified, as to the existence of the defect or condition or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may maintain an action against the abutting property owner notified to recover the amount of the judgment together with all the expenses, including reasonable attorney fees, incurred by the City in the suit. (Ord. 1123, 1-28-15)

6-13-5 INSPECTION UPON A CHANGE IN OWNERSHIP.

Prior to the sale or transfer of any ownership interest in a lot containing an existing sidewalk, these requirements apply:

1.) City Sidewalk Inspection Required. Before the transfer of ownership, the seller of the interest shall provide the buyer with a written sidewalk inspection report by the City, which shall include whether the sidewalk is compliant with the City’s sidewalk standards. There will be no charge for the City’s report.

2.) If Sidewalk Doesn’t Pass Inspection. In the event that a sidewalk does not pass inspection, the buyer and/or seller shall enter into a binding agreement with the City that will state who is responsible for bringing the sidewalk into compliance, how it will be brought into compliance, and by what date.

3.) Abutting Sidewalks. The City’s sidewalk inspection at the subject property may expand into separate inspections of nearby or neighboring sidewalks. In such cases, the abutting property owner will be notified about the needed repairs.

4.) Not Exempted from Inspections. The inspection requirement applies to all types of ownership transfers not specifically exempted, including when a seller-financed real estate contract is signed.

5.) Exempted from Inspections. The following types of real estate transactions are exempt from the inspection requirement:

a.) Transfer by court order.

b.) Transfers by related parties.

c.) Transfers by spouses in a divorce.

d.) Transfers involving family corporations and partnerships deeding to owners and/or shareholders.
(Ord. 1110, 06-17-13)

6-13-6 PERMITS FOR CONSTRUCTION AND REMOVAL.

No person shall make any sidewalk improvements whether ordered by the City Council or not, unless such person shall obtain a permit from the City Manager (or designee) and shall agree in writing that he/she will, in making the sidewalk improvements comply with ordinances of the City and with the specifications for sidewalks approved by the City Council and on file in the office of the Clerk and that the work shall be done under the direction and supervision of the City Manager (or designee) and subject to the approval of that officer or his/her duly authorized agent. He/she 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 his/her agents or employees in making the sidewalk improvements, or by reason of such person’s failure to properly guard the premises. All such permits shall be issued without charge and a copy thereof, together with the written agreement above referred to, shall be filed and preserved in the office of the City Manager. Before granting any permit to make sidewalk improvements, the City Manager (or designee) shall determine the propriety of the same and shall state in all permits issued when the work is to be commenced and when the sidewalk work is to be completed. The time of completion for the sidewalk improvements may be extended by the City Manager (or designee) when in his/her judgment it is deemed necessary. All permits for Council ordered sidewalk improvements shall be issued in compliance with the resolution of the Council ordering the improvement. All permits for sidewalk improvements not ordered by resolution of the City Council shall be issued in compliance with this ordinance. The City Manager (or designee) may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or when weather conditions will adversely affect the sidewalk improvements.

6-13-7 INSPECTION OF PRIVATE WORK: REMEDIES.

All sidewalk improvements shall be done under the direction and supervision of the City Engineer or other duly authorized officer, and subject to the inspection and approval of the Engineer or his/her agent. Whenever any sidewalk improvements are made which do not conform to the provisions of this ordinance and with the specifications herein referred to, or where any sidewalk improvements are made without obtaining a permit as required by this ordinance, or the work is not performed within the time stated in the permit the City Engineer or his/her duly authorized agent, shall serve upon the property owner or his/her agent, and upon the contractor doing the work, a notice to obtain a permit, if not already obtained or, if the sidewalk is in the course of construction, to stop until a permit is obtained or work is corrected in compliance with the specifications. If the sidewalk work has been completed, the owner shall obtain a permit immediately and perform any needed sidewalk improvement within five days from the receipt of said permit, in the proper manner and of proper materials as required by the specifications herein referred to. In case any owner shall fail to do so, the officer authorized by the Council or his/her duly authorized agent shall cause the sidewalk to be constructed, reconstructed, or repaired in a proper manner and of proper materials. There shall be returned to the Council an itemized and verified statement of expenditures of material and of the labor used in doing such work, and the legal description of the lot, part of lot, or parcel of ground abutting the sidewalk on which such work has been performed. The cost thereof shall be assessed to the property fronting thereon.

6-13-8 BARRICADES AND SIGNAL LIGHTS.

Whenever any material of any kind shall be deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the constructor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved signal lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this ordinance shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this ordinance or of any failure to comply with the provisions hereof.

6-13-9 INTERFERENCE WITH SIDEWALK IMPROVEMENTS.

No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this ordinance.

6-13-10 ORDERING NEW SIDEWALKS.

The Council may, by resolution, order the construction or reconstruction of permanent sidewalks upon any street or court. Unless the owners of a majority of the linear feet of the property fronting on the improvement, petition the Council therefore, new permanent sidewalks shall not be made unless three-fourths (¾) of all the members of the Council, by resolution, order the making thereof, all in accordance with state law for special assessments.

6-13-11 SIDEWALKS REQUIRED UPON NEW CONSTRUCTION.

The following requirements will apply to situations that involve the construction of new main structures on lots:

1.) When Sidewalk Construction is Required. Whenever the owner of any property within the City builds a new residential, commercial, or industrial building or structure, said property owner shall construct new sidewalks on the property if no sidewalks presently exist. Any sidewalks so constructed shall connect to the adjoining, existing sidewalks and shall be built to specifications adopted by the City Council. If there are no adjoining sidewalks, the new sidewalks shall be constructed from lot boundary to lot boundary in a location to be directed by the city. Sidewalks must be completed within 6 months after the structure is issued a “certification of occupancy” or the structure is otherwise substantially complete and in use. An extension may be granted by the City Manager who shall report the same to the Council. These extensions may be granted for special circumstances (such as waiting for appropriate weather to do final grading of property) for a period not to exceed twelve (12) months. As a condition for being granted an extension, the property owner shall be required to provide proof of intent to install the sidewalk.

2.) Projects Receiving Public Financing. The City Council may require the construction of sidewalks for any property within the City if the property owner receives public financing (for example, but not limited to, economic development projects) for the development of the subject property.

3.) Empty Lots in New Residential Subdivisions After Five Years. All lots, including empty lots, in residential subdivisions are required to have sidewalks installed by not later than five years after the date that the City Council approves the lots for sale to the public. This provision applies to all residential subdivisions approved by the City Council after August 1, 2013. However, on a case-by-case basis, the Council may, by resolution, allow extensions.

4.) Failure to Construct. If a property owner fails to construct sidewalks as required by this section, the City Manager shall serve notice by certified mail on the property owner, as shown by the records of the county auditor, requiring the property owner to construct the required sidewalks. If the property owner fails to do so within thirty (30) days after the mailing of such notice, the City Manager may cause the required action to be performed and assess the costs against the property owner for collection in the same manner as a property tax. If the amount assessed exceeds $100.00, the assessment may be paid in five (5) annual installments. A failure to construct sidewalks as required by this section also constitutes a municipal infraction.

5.) Non-Applicable Structures. The requirements of this section do not apply to the construction of building additions or accessory buildings.

6.) Exemptions. A property owner can apply for an exemption to the requirements of Section 6-13-11 by meeting at least one of the conditions set out below. However, the City of Maquoketa will be the sole arbiter of whether to grant the exemption.

a.) The proposed sidewalk is not within 500’ of existing sidewalk on either side of the public street that serves the subject property and properties within this distance are not expected to have sidewalks within the foreseeable future unless those properties have undeveloped lots that are part of a subdivision accepted by the City after January 1, 1998.

b.) The grade (or other such condition) of the subject property creates an undue burden or unfeasibility for installing a sidewalk.

c.) By passage of simple motion, the City Council can approve exemptions on a case-by-case basis.

7.) Existing “Sidewalks to Nowhere.” The property owner of a lot with a sidewalk that might have qualified for an exemption under this Section, but installed a sidewalk prior to the effective date of this ordinance may apply for the City Council’s approval, by simple motion, to waive the City’s requirement to remove snow from it provided that the property owner accepts the liability for doing so.
(Ord. 974, 08-05-02) (Ord. 1110, 06-17-13)

6-13-12 SIDEWALK INSTALLATION/RECONSTRUCTION AS A PART OF FUTURE STREET PROJECTS.

As a part of its planning process for future street construction, reconstruction, or surface overlay projects:

1.) New Sidewalks on At Least One Side of a Street. In cases of street projects on streets where sidewalks do not exist, the City Council will consider incorporating the installation of sidewalks on at least one side of each street.

2.) Existing Sidewalks. In cases of street projects where sidewalks currently exist, the City Council will consider incorporating the reconstruction or repair of such sidewalks as part of each project.
(Ord. 1110, 06-17-13)

6-13-13 REPAIRING DEFECTIVE SIDEWALKS.

It shall be the duty of the abutting property owner at any time, or upon receipt of thirty (30) days’ notice from the City, to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks in the street right-of-way abutting his/her property. If, upon the expiration of thirty (30) days as provided in said notice, the required work has not been done or is not in the process of completion, the officer authorized by the Council may proceed to repair, replace or reconstruct said sidewalks, or cause the same to repaired, replaced or reconstructed. There shall be returned to the Council an itemized and verified statement of expenditures of material and of the labor used in doing such work, and the legal description of the lot, part of lot, or parcel of ground abutting the sidewalk on which such work has been performed. The cost thereof shall be assessed to the property fronting thereon.

6-13-14 NOTICE OF ASSESSMENT OF REPAIR.

Upon the filing of the verified statement, the Clerk shall cause a notice of such facts to be given to the owner of the abutting property provided for in sections 7, 10, 13 either by personal service or by mailing a notice to the last known address of the owner. The notice shall contain a statement of the character of the work performed; a description of the property affected; the amount returned against such lot or parcel of ground; and 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 and the notice shall state the place and time at which Council will hear such objections. The time set for hearing shall be not less than ten (10) days after the service or mailing of said notice.

6-13-15 HEARING AND ASSESSMENT.

At the time and place designated in such notice, the Council shall meet, hear, and consider all objections to the whole or any part of such assessment, and shall correct all errors or omissions therein, and after such consideration, the Council shall adopt the corrected list as the amounts to be assessed against the property therein described.

6-13-16 BILLING AND CERTIFYING TO COUNTY.

If, after the adoption by the Council of the final assessment against each lot, part of lot, or parcel of land, any assessment or any part thereof shall remain unpaid for over thirty (30) days after Council determination of correct charges, the Clerk shall certify to the County Treasurer as a special tax against the lot, part of lot, or parcel of ground all unpaid amount, which shall constitute a lien and be collected by the County Treasurer in the same manner as all other taxes. Any assessment which exceeds one hundred dollars ($100.00) 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. No interest shall be charged for assessments, or part thereof, paid within thirty (30) days of the time that the Council determined the final amounts.
(Ord. 991, 04-19-04)

6-13-17 LIABILITY OF ABUTTING OWNERS.

In the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of the abutting property owner by this or any other related ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the abutting property owner may be liable for damages caused by failure or refusal to maintain the sidewalk and/or to perform any act required of the abutting property owner by this or any other related ordinance. Prior to being held liable for damages, the City shall notify in writing the abutting property owner that it claims the injury was caused by the abutting property owner’s negligence and/or the abutting property owner’s failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the location is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the abutting property owner who is being notified is liable to it for any judgment rendered against the City and asking the abutting property owner to appear and defend. A judgment obtained in the suit is conclusive in any action by the City against any abutting property owner so notified, as to the existence of the defect or condition or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may maintain an action against the abutting property owner notified to recover the amount of the judgment together with all the expenses, including reasonable attorney fees, incurred by the City in the suit.

6-13-18 FAILURE TO REPAIR OR BARRICADE.

It shall be the duty of the owner of the property abutting the sidewalk, or their contractor or agent to notify the City immediately in the event they fail or are unable to make necessary sidewalk improvements or to install or erect necessary barricades as required by this ordinance.

REMOVAL OF SNOW AND ICE:

6-13-19 DUTY OF PROPERTY OWNER.

It is the responsibility of the abutting property owner to promptly remove snow, ice and accumulations from the sidewalks. Property owners who own property along the pedestrian trail whose path is greater than four feet (4′) will be required to remove snow and ice from the four foot (4′) portion of sidewalk closest to their property.
(Ord. 899, 06-01-98) (Ord. 1110, 06-17-13)

6-13-20 FAILURE OF OWNER TO REMOVE.

Any owner who shall for a period of twenty-four hours after the cessation of the storm or cause of accumulation, permit snow, ice or accumulations to remain upon the adjoining and abutting sidewalks, is guilty of a misdemeanor.
(Ord. 778, 2-17-92) (Ord. 1105, 10-15-12) (Ord. 1110, 06-17-13)

6-13-21 REMOVAL BY CITY, ASSESSING COSTS.

Should snow, ice, or accumulations be permitted to remain upon any sidewalk for a period of ten (10) daylight hours after the cessation of the storm or the cause of the accumulation, the City Manager shall cause a Notice to be hung on the front door of the premises which Notice shall give the person in possession of the premises ten (10) daylight hours to remove the accumulation on the sidewalks. If the sidewalks have not been cleared within ten (10) daylight hours of the posting of the Notice, then the City street crews shall clear the sidewalk and shall salt or sand.

If the person in possession of the premises fails to remove the accumulation within ten (10) daylight hours of the posting of the Notice, and City crews are required to remove the accumulation, then an administration fee of twenty-five dollars ($25.00) and a material fee to be set by the City Council, shall be assessed against the property owner. The fees assessed shall be collected according to the procedure set forth in 6-13-22.

If the City crews are required to remove an accumulation at a residence after a second or any subsequent Notice posted on the front door of the premises, then the administrative fee assessed against the premises shall be fifty dollars ($50.00) in addition to the material fee. The fees shall be collected as set forth in 6-13-22.

The first and subsequent Notices shall refer to Notices given each winter season.

(Ord. 811, 6-17-93) (Ord. 1062, 11-03-08) (Ord. 1106, 10-15-12)

6-13-22 ASSESSMENT PROCEDURE WHEN REMOVED BY CITY.

When snow, ice or accumulations have been removed from any sidewalk, under the provisions of the preceding Section, the procedure to secure payment of the cost of removal of snow, ice or accumulations to the City shall be as follows:

1. The City Manager shall submit to the Council an itemized and verified statement showing expenditures of material, labor and equipment used in making the removal, the name of the owner or owners of the property, and the description of the lot, part of lot or parcel of ground in front of and abutting upon the sidewalk from which snow, ice or accumulations have been removed.

2. The Council shall examine the verified statement and if found correct shall assess the actual cost of the removal against the lot, part of lot, or parcel of ground and direct the City Clerk to certify the cost and assessments to the County Treasurer and it shall then be collected with, and in the same manner as, general taxes as provided in Section 364. 12 (2) (E) Code of Iowa, 1979.

(Ord. 427, 2-22-71) (Ord. 991, Passed April 19, 2004)

6-13-23 REMOVAL FROM PRIVATE PROPERTY.

No person shall throw, push, or place or cause to be thrown, pushed, or placed any ice or snow from private property, sidewalks, or driveways onto the traveled way of streets so as to obstruct gutters, or impede the passage of vehicles upon the street or to create a hazardous condition thereon.

6-13-24 REMOVAL FROM COMMERCIAL DRIVES.

Where, in the clearing of large commercial drives in the built-up central business district it is absolutely necessary to move the snow onto the streets temporarily, such accumulation shall be removed promptly by the property owner or his/her agent, and only after first making arrangements for such prompt removal of this accumulation at the owner’s cost within a reasonably short time.
(Ord. 527, 2-5-79)

6-13-25 REMOVAL FROM SIDEWALKS.

Snow or ice from sidewalks may be disposed along the curbs of the streets prior to the commencement of the City’s snow removal operations. Snow or ice may not be disposed of on a street after the City’s snow removal operations have been completed on that street. This Section is not applicable to snow or ice from the roofs, parking lots, driveways, and private property other than sidewalks.
(Ord. 531. 3-5-79)

SIDEWALK OBSTRUCTIONS:

6-13-26 PERMIT REQUIRED.

It shall be unlawful for any person or firm or business to place upon or over the public right-of-way or public sidewalk within the City any object, excepting awnings, without first applying for and procuring a permit from City Staff. There shall be no fee for such permit. (Staff may seek Council approval of application if necessary.)
(Ord. 900, 07-06-98)

6-13-27 INSURANCE REQUIRED.

Before any permit shall be issued, each applicant must make application on a form provided by the City Manager and shall file evidence of possession of liability insurance in the minimum amounts of one hundred thousand dollars ($100,000) for bodily injury, two hundred thousand dollars ($200,000) aggregate and one hundred thousand dollars ($100,000) property damage indemnifying the City and/or any person injured or property damage resulting from the object placed in the public right-of-way or public sidewalk. Each applicant shall notify the City Manager of the cancellation of liability insurance.

6-13-28 STATE CONCURRENCE.

An applicant requesting a permit for the placing of an object within right-of-way owned by the State of Iowa must also obtain the concurrence of the Iowa Department of Transportation.

6-13-29 EXEMPTIONS UNDER THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

Newspaper vending machines and other objects protected by the right of free speech shall be exempted from this ordinance provided such obstructions be located within ten feet (10′) but not nearer than two feet (2′) from the nearest light or utility pole of a recognized municipal street. Such exempted obstructions may not be less than thirty inches (30″) nor more than forty-eight inches (48″) in height; nor less than twelve inches (12″) nor more than thirty inches (30″) in width or depth. Such exempted obstruction shall be colored white, or any other color approved by application in writing to the City Council; and contain no advertising other than the name of the exempted provider or providing organization. Such obstruction, however, shall not be chained, bolted, screwed, nailed, or in any other way attached to any structure or substance on the public right-of-way or public sidewalk. Any subsequent modification of this exemption which is more restrictive shall not exclude existing exemptions.

6-13-30 TEMPORARY EXEMPTION.

Any person or organization owning or renting property adjacent to the public right-of-way or public sidewalk may, upon notification filed with the City Manager, be exempted from 6-13-26 for up to five (5) days each calendar year, provided such notification describes the placement and design of such obstruction and it is deemed neither unsuitably sized nor unsuitably located by the City Manager. Such notification shall be hand-delivered to the City Manager or his/her representative not less than seventy-two (72) hours prior to the placement of such obstruction. The City Manager, acting for reasons related to the safety of the pedestrian, for concerns of visual or aesthetic purposes, or for concerns for the City liability for injury to persons or property, shall notify the applicant within the seventy-two (72) hour period of a decision to deny exemption to such obstruction.

6-13-31 BLANKET EXEMPTION.

Any person representing a recognized organization promoting the betterment of the business climate or quality of life in Maquoketa may apply for a blanket exemption for all members of such organization. Such exemption shall be applied for pursuant to Section 6-13-26 and shall include the specific dates to which such exemption is requested. This application shall include an attached exhibit listing all organization members and the addresses to which the exemption, if granted, shall apply. The obstructions on the public sidewalk under the blanket exemption shall be permitted only during the normal hours of business as designated by the Maquoketa Area Chamber of Commerce.

6-13-32 PERMIT REQUIRED.

All permits are subject to the approval of a majority vote of the City Council. Permits issued under this Section shall be limited to only the Central Business District as defined in Chapter 24, Downtown Business Revitalization Area of Title II, Policy and Administration of this Code.

6-13-33 AREA LIMITED.

Obstructions allowed by permit as authorized in Section 6-13-32 shall be limited to an area of the public sidewalk of no more than five feet (5′) or no more than thirty-three percent (33%) of the full width of the public sidewalk adjacent to the building, whichever is less.

6-13-34 EXEMPTIONS – U.S. POSTAL SERVICE.

The provisions of Section 6-13-26 through 6-13-35 shall not apply to fixtures owned by the U.S. Postal Service.

6-13-35 PENALTY FOR VIOLATION.

Persons who violate or who participate in a violation by commanding or persuading another to violate the provision of this ordinance shall be subject to fines as set forth in Chapter 17, Title III of this Code, entitled Civil Penalty for Municipal Infractions. An employer or an employer’s agent who orders an employee to violate this ordinance or who knowingly permits an employer or person supervised to violate this ordinance shall be guilty of a violation of this ordinance and subject to the penalties set forth in Chapter 17, Title III of this Code, entitled, Civil Penalty for Municipal Infractions.
(Ord. 746; 3-4-91)

6-13-36 STANDARD SPECIFICATIONS.

The construction of portland cement concrete sidewalks, driveways, and handicapped ramps shall be completed in accordance with the Standard Specifications for the City of Maquoketa, Iowa.
(Ord. 804, 03-01-93)(Ord. 1110, 06-17/13)