All sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the Governing Body 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, but before any such sidewalk shall be constructed, the persons proposing to do the same shall apply to the Community Development Department for a permit before commencing the work. If the grade has been established, the City Engineer shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade.
All sidewalks shall be of single course construction and shall be constructed and laid in accordance with standard plans and specifications (including width and location in street) incorporated by reference herein and filed in the office of the City Clerk as provided by law. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article.
New sidewalks, for the payment of which an assessment is to be made on abutting property, shall be constructed upon petition of ten (10) or more citizens of the City of Abilene, Kansas. Such petition of ten (10) or more citizens of the city shall state the class of sidewalk desired and place to be constructed, and shall be presented to the Governing Body at a regular session. The Governing Body may hear said petition at said session or defer the same for further study and thereafter the Governing Body may refuse or grant such petition.
The Governing Body, upon recommendation of the city officials and after a study of existing conditions, may by resolution duly published cause to be constructed sidewalks of a certain class in any area of the city wherein present business or residential improvements exist when by such resolution said Governing Body determines that the construction of such sidewalk would be for the benefit, welfare and protection of the general public and the use of the sidewalks thereof.
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.
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 thirty (30) days nor more than sixty (60) days after its publication one (l) time in the official city newspaper 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 by contract
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 such owner’s expense and in accordance with official plans and specifications for the purpose and which meets 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 condemnation resolution adopted by the Governing Body. If such property owner desires the sidewalk to be constructed or reconstructed by the city and an assessment levied as provided by law in other cases, such owner shall file a request with the Governing Body, and 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.
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 (5) days’ notice to the owner or his agent, if known, of the necessity for making repairs, and 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.
In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided by this article, 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 the State of Kansas.
The owner and the occupant of any lot abutting upon any sidewalk shall remove or cause to be removed from such sidewalk all snow and ice within five (5) hours from the time the snow has fallen or the ice has accumulated, provided that if the snow falls or ice accumulates upon said sidewalk in the nighttime, removal of same must be made within five (5) hours after sunrise on the following day.
If any owner or occupant of any lot shall fail to remove the snow and ice within the time specified, the city may cause such snow and ice to be removed from said sidewalk and the costs thereof shall be assessed against such abutting lot, and such costs shall be collected in the same manner, as is required for the building of sidewalks.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($100.00) or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.