Chapter 13 · Streets and Sidewalks

Article 1. Sidewalks, Driveways, Curbs

Sections 13-101 to 13-111 · 11 sections

13-101 Permit required.

It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the public works director and a permit issued for such work by the city clerk.

(Code 2021)

13-102 Plans, specifications.

(a)No sidewalk shall have any plank, brick, stone or segment of said sidewalk raised above the established level of said sidewalk more than 1 inch.

(b)No sidewalk shall have a slope steeper than 1 inch within 1 foot running lengthwise on said sidewalk or steeper than 1/4 inch within 1 foot running the width of said sidewalk such as to catch the foot of any pedestrian or constitute a hazard to any person.

(c)No sidewalk shall have any hole or depression or other condition which may catch the foot of any pedestrian or constitute a hazard to any person.

(d)All other ordinances and parts of ordinances inconsistent or in conflict with the terms and provisions hereof be and the same are hereby repealed.

(Ord. 89-4; Code 2021)

13-103 Grades for construction; penalty.

It shall be unlawful for anyone to repair or construct or to cause to be repaired or constructed driveway, sidewalk, curb and gutter except to the following specifications, to wit:

(a)CURBS: When doweling curb on an existing slab one-half inch diameter dowels should be placed vertically on eighteen (18) inch centers. In addition a longitudinal bar of one-half-inch diameter shall run full length of the doweled curb.

(b)GRADES: Grades on a standard fifteen (15) foot drive are .3 ft. (3 5/8”) minimum and .7 ft. (8 1/2”) maximum above the top of curb. Grades on sidewalk is one quarter inch per foot.

(c)CURB REMOVAL: All curb removal for approach purposes shall be taken back to nearest contraction joint on each side of apron. Feathered tapers shall not be accepted.

(d)APRON REINFORCEMENT: Minimum approach aprons and sidewalk reinforcement shall be six inches by six inches (6 X 6) remesh wire.

(e)JOINTS: All curbs shall have contraction joints cut to a minimum depth of 2 ½ inches. The maximum spacing shall be ten feet (10’). All approaches shall have expansion joints between gutter, approach and sidewalk (or existing drive) of minimum one-half inch thick asphalt expansion material.

(f)CONCRETE: Concrete in curb, gutter, sidewalk and driveways shall develop a compressive strengths of not less than 3,500 pounds per square inch in 28 days. Concrete should be used within one hour from the time the batch was placed in the mixer. Addition of calcium chloride in any quantity is not permitted. Hot water may be substituted into the mix. The maximum slump shall be three (3) inches.

(g)CURBING: All curb, gutter, sidewalks and driveways may be cured by the application of any approved commercial curing compound which when applied as a spray produces a transparent waterproof membrane. The curing compound shall contain a fugitive dye to indicate the area which has been sprayed.

(h)Temperature must be 35° F before concrete may be placed. No concrete shall be placed on frozen subgrade nor shall frozen aggregate be used in the concrete.

(i)FINISH: Concrete finish shall be a light broom over a steel trowel with broom marks transverse to the direction of travel. (Sidewalks broomed perpendicular to the street and approaches broomed parallel with the street.)

Prior to any concrete construction or repair, a permit for such work shall be issued by the City Clerk upon appropriate application. Schematic drawings are on file with the City Clerk and upon application for a permit shall be made available for inspection and adherence thereto in construction phases shall be required.

(Ord. 85-9; Code 2021)

13-104 Same; petition.

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 2021)

13-105 Same; condemnation, reconstruction.

When any sidewalk, in the opinion of the governing body, become 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 2021)

13-106 Notice; publication.

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 2021)

13-107 Right of abutting owner.

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 2021)

13-108 Repairs by owner or city.

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 2021)

13-109 Performance, statutory bond.

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 $1,000 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished.

(Code 2021)

13-110 Obstructing sidewalks.

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 2021)

13-111 Same; exception.

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 2021)