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 1990)
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, 12-1807; Code
1990)
Hereafter all
sidewalks shall be of single-course construction and shall be constructed and
laid in accordance with standard plans and specifications hereby adopted by
reference and filed in the office of the city clerk as provided by K.S.A.
12-1802. It shall be unlawful for any person, firm or corporation to construct,
reconstruct or repair any sidewalk except as provided by this article.
(Code 1990)
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 1990)
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 1990)
The resolution
providing for the construction or reconstruction of a sidewalk, as the case may
be, shall give the owner of the 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 or her 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 by contract.
(K.S.A. 12-1805; Code 1990)
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 or her 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 or she 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 1990)
It shall be the duty
of the owner of the abutting property to keep the sidewalk in repair, 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.
(K.S.A. 12-1808; Code 1990)
In any case where the
reconstruction or construction of a sidewalk is required to be done by contract
as provided in section 13-106 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 $100
entered into by the city for any such purpose a statutory lien bond required by
K.S.A. 60-1111 shall be furnished.
(Code 1990)
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.
(Code 1990)
The governing body 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 or her
contractor and approved by the governing body.
(Code 1990)
It
shall be unlawful for any person to ride a bicycle upon any public sidewalk
within the city so as to interfere with any pedestrian thereon.
(Code 1990)