ORDINANCE
NO. 2113
AN
ORDINANCE AMENDING CHAPTER 9.08
OF THE
WHEREAS, the City Council of
Eureka Springs is desirous of improved sidewalks; and
WHEREAS, the City Council
recognizes that sidewalks are an integral part of the mobility options for a
community;
WHEREAS, the City Council believes
that sidewalks must promote, to the maximum extent feasible, the safety of
pedestrian access, movement, and protection for the physically able, physically challenged, children or seniors (or
variously-abled) within the
community; and
WHEREAS, the City Council believes that language relating to the vacating of
streets and alleys has been inappropriately placed in the Municipal Code under
Sidewalks and should be placed in a separate Chapter.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
Section 1: Section 9.08.03 Sidewalks outside Historic
District is hereby amended to change its number to 9.08.05.
Section 2: Section 9.08.04 Construction is hereby amended to
change its number to 9.08.06.
Section 3: Section 9.08.05 Improvements by City
is hereby repealed.
Section 4: Section 9.08.08
Section 5: Sections 9.08.01 and 9.08.02 are hereby
repealed and replaced with:
9.08.01 Purpose It is in the best interests of the City to require the installation of sidewalks along both sides of
all streets in the city where such installation is deemed necessary and
appropriate. The primary purpose of such installation shall be to provide for
pedestrian safety, to provide for Americans with Disabilities Act (ADA)
pedestrian access, and to provide continuity with pre-existing sidewalks.
9.08.02 Building Permit It shall be the duty of property owners to
obtain a building permit prior to the installation, replacement or repair of
all public sidewalks; and to build all sidewalks in the city in accordance with
the specifications set for in this section and with ADA guidelines. The fee shall be waived for a building permit
relating to public sidewalk construction and repair.
9.08.03 Duty to Maintain It shall be the duty of
every property owner to maintain any sidewalk abutting his property in a safe
and useable condition, free of obstructions, and in compliance with
9.08.04 Installation,
Repair and Replacement of Public Sidewalks in Historic District
All other public sidewalks and portions
thereof located in the Historic District, as defined by the City’s Historic
District Map and except as hereinafter provided in (A)(4), that shall require
initial installation, repair or maintenance shall be installed, repaired and
maintained as followed:
(1)
Historic limestone must be repaired and refinished if possible;
(2)
If the limestone is not repairable, then it shall be replaced, at the owner’s
option, either with:
(a) limestone that shall substantially conform in
color, texture thickness (minimum of 4
inches)
and surface size to the stone slab surfaces that were removed; or
(b) imprinted and tinted
concrete in a pattern and color approved by the Eureka Springs
Historic
District Commission.
If the public sidewalk
or portion thereof (a) abuts Spring Street and is located between the West side
of Main Street and the South side of Mountain Street; (b) has been constructed
with a material other than limestone; and (c) requires repair or replacement:
1.
The
sidewalk shall be repaired if possible; or
2.
If
the sidewalk is not repairable, then it shall be replaced with limestone that
shall
substantially conform in color, texture
thickness (minimum of 4 inches) and surface size to the limestone sidewalk
nearest thereto.
A.
All
public sidewalks and portions thereof located in the Historic District, as
defined by the City’s Historic District Map and except as hereinafter provided
in (A)(4), that shall require initial installation, repair or maintenance shall
be installed, repaired and maintained as follows:
(1)
Historic
limestone must be repaired and refinished if possible;
(2)
If
the limestone is not repairable, then it shall be replaced, at the owner’s
option, either with:
(a)
limestone
that shall substantially conform in color, texture thickness (minimum of 4
inches) and surface size to the stone slab surfaces that were removed; or
(b)
imprinted
and tinted concrete in a pattern and color approved by the Eureka Springs
Historic District Commission (HDC).
(3)
In
areas where no sidewalks exist, any new installation shall be, at the owner’s option,
limestone slab (with a minimum thickness of 4 inches) or imprinted and tinted
concrete in a pattern and color approved by the Eureka Springs Historic
District Commission (HDC).
(4) Sidewalks located within the Historic
District on the following streets may also be poured
concrete, at the owner’s option: East Van Buren; West Van Buren; East Mountain
Drive; Charles Circle; Cross Street; Elm Circle; Harvey Road; Oakridge Drive;
Richard Circle; Tower Road; Drennon Drive; Wood Circle; Holiday Trail; Florence
Drive; College Street; Hamilton Street; Martz Lane; Jay Lane; Victoria Woods
Boulevard; Pivot Rock Road; Dairy Hollow Road; Breezy Point Road; Breezy Point
Circle; Anderson Street; Ravine Street; Grand Avenue and Oregon Avenue.
(5) Board sidewalks will not be approved
except for the replacement of those in
existence on
B. Concrete specifications as set forth herein
shall apply to concrete sidewalks.
C. Completed projects shall be inspected and
approved by the Building Official.
Section 6: Section 9.08.06(A) Written notice for repair is hereby amended
to read:
Section
9.08.07(A) Written notice for repair
A.
A
sidewalk safety team comprised of personnel from the Building and Public Works
Departments
shall be responsible for evaluating
public sidewalk safety and
Section 7: Section 9.08.07 (B)
is hereby amended to read: “If any person shall neglect or refuse to repair or
rebuild any sidewalk in within one
hundred eighty days (180) days after notice as aforesaid, he shall be
subject to a fine of Twenty-Five Dollars ($25.00) for each offense, and each
day he shall neglect or refuse to repair said sidewalk, shall constitute a
separate offense. The owner shall be allowed an extension of up to ninety (90) days
upon approval of the Building Official.
He shall also be liable for all damages which the city may incur by
reason thereof, to be recovered by the city in an action of law.”
Section 8:
Section
9.08.06 (C) now becomes 9.08.07 (C)
C. The Building Inspector shall, in all
cases where parties refuse or neglect to repair or rebuild
sidewalks
in pursuance of notice, or where the owner cannot be found, cause the sidewalk
to be repaired or built within a reasonable time after the expiration of the
notice and report the expense of the work to the City Council, who shall
proceed to assess the cost of such improvements against the property. The order of assessment may be in form as
follows:
ORDERED – That the several sums set opposite the
following lots, or parts of lots, and the names of the owners, thereof,
respectively, to-wit: Lot_____ Block____, owned by ___________________. Amount assessed, $_______ be and the same are
hereby assessed, respectively, on said lot, and against the respective owners
thereof, to defray the expenses of a sidewalk or sidewalks therealong
constructed or repaired by the Building Inspector.
The Building Inspector shall thereupon present
the total amount of assessment as made for payment, and upon refusal of
payment, the City Attorney is instructed to proceed to collect the amount by
law. The assessments so made against the
owners or occupants of the property for the purpose of repairing sidewalks
within the city, are made and constitute a personal charge against the owners,
and also a lien upon the lots or property so assessed from the time of such
assessment. (MC 1978, 9.04.05)
Section 9: Section 9.08.07 Driveway construction
is hereby amended to change its number to 9.08.08.
Section 10: All Ordinances or Resolutions, and parts
thereof, in conflict with this Ordinance are hereby repealed to the extent of
such conflict. In the event any one or more of the provisions contained in this
Ordinance shall for any reason be held by a Court of competent jurisdiction to
be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect the remaining provisions of
this Ordinance, and this Ordinance shall be construed as if such invalid,
illegal or unenforceable provision or provisions had never been contained
herein.
ORDINANCE 2113 PASSED AND APPROVED, this ______
day of __________________, 2009.
APPROVED:
_________________________________
Dani
D. Joy, Mayor
ATTEST:
___________________________________
Mary
Jean Sell CMC, City Clerk-Treasurer