CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 2. SIDEWALKS

All sidewalks hereafter constructed in the city, along the streets, avenues, alleys and other public places in the city shall be constructed of materials as specified in the sidewalk plans and specifications for the city, on file in the offices of the city administrator and city clerk, which plans and specifications are hereby incorporated and made a part of this section by reference.

(Code 1988, § 13-201; Ord. 3093, § 1, 5-14-91; Code 2016, Sec. 78-46)

It shall be the duty of the owner of real property abutting upon a sidewalk to keep the sidewalk in repair, but if, in the opinion of the governing body or its designee, any sidewalk is in need of repair, the code enforcement officer or the governing body’s designee shall give at least 15 days’ notice of the defective sidewalk and its need for repair to the owner, if known. If after 15 days from the giving of the notice the sidewalk is not repaired with the approval of the code enforcement officer, the repairs shall be made by the city, and the cost shall be assessed against the abutting real property as provided by K.S.A. 12-1801 and acts amendatory thereto.

(Code 1988, § 13-207; Ord. 3179, § 1(13-207), 2-12-96; Code 2016, Sec. 78-47)

It shall be unlawful for any person to encumber or obstruct any sidewalk with any vehicle, merchandise or equipment. The occupancy of three feet of any sidewalk, where the sidewalk is 12 or more feet wide, adjacent to the building occupied by any merchant, shopkeeper or other person, for the display of goods and merchandise during the daytime shall not be deemed an encumbrance or obstruction within the meaning of this section.

(Code 1988, § 11-207; Code 2016, Sec. 78-48)

No sidewalks in the city shall be removed by any person other than the city, from their location until each property owner, owning property in the block whose property abuts upon the sidewalk removed, shall by himself or agent, sign a written agreement with the city to the effect that if the owner does not remove the sidewalk under the supervision of the city within 60 days from the signing of the agreement, the city may proceed to remove the sidewalk, and the property owner will pay the expense of removing the sidewalk, together with the property owner’s proportionate part of the expenses of changing the street crossings to meet the walks so changed. If the amount is not paid within 30 days from the completion of the work, the work shall be considered and treated as sidewalk repairs, and the expense shall be taxed against the property as sidewalk repairs are charged against the abutting property and be levied and collected as taxes for repairs are collectible by law.

(Code 1988, § 13-208; Code 2016, Sec. 78-49)

No person shall dig up, mar, injure, damage or destroy any sidewalk in the city, nor shall any person drive or move any vehicle over any sidewalk, except at a regular driveway or alley, as the weight of the vehicle is enough to depress, break or otherwise damage or injure the sidewalk. If any such sidewalk is so damaged as to become hazardous or unsafe to walk on, the governing body shall cause notice to be sent to the person causing such damage, requesting such person to repair the sidewalk within five days from the given notice. If such sidewalk is not so repaired within five days, the governing body may order the sidewalk repaired by the city and shall proceed to recover the cost of such repair by civil action in a court of competent jurisdiction, or if the damage was caused by the abutting property owner or the agents or employees of the abutting property owner, the cost of repairs may be assessed against the abutting real property as taxes.

(Code 1988, § 13-209; Code 2016, Sec. 78-50)