Chapter 740 - SIDEWALKS, CURBS AND GUTTERS

Sec. 734.115. - Sounding of train horns and whistles. Chapter 741 - ZERO TOLERANCE ON LITTER Chapter 740 - SIDEWALKS, CURBS AND GUTTERS[1]

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State Law reference— Special assessments, F.S. Ch. 170; uniform minimum standards for design, construction, and maintenance, F.S. § 336.045.

Sec. 740.101. - Applicability; owner's construction or repair of sidewalks, curbs and gutters.

(a)

The provisions of Chapter 740 constitute an exercise of municipal authority and shall apply to all sidewalks located within the General Services District, excluding the Second, Third, Fourth and Fifth urban services districts.

(b)

(1)

The owner of each parcel of undeveloped land which abuts upon a street, park, or other public place in the City is required to construct a sidewalk, curb, and gutter along and in front of such parcel at the time such land is developed, unless exempted therefrom as set forth in Section 654.133, Ordinance Code, or as otherwise exempted by the City Engineer.

(2)

The owner of any developed parcel of land which abuts upon a street, park or other public place in the City and which does not currently have a sidewalk in place, may, at his or her own expense, construct a sidewalk in front of such parcel provided such sidewalk conforms to City standards and appropriate permits therefor are obtained from the Director of Public Works.

(3)

The City may, at its expense, (a) at the request of a Councilmember or a school principle; (b) as requested pursuant to the Department of Public Works Sidewalk Construction Guidelines, dated October 2007; or (c) of its own initiative, install a sidewalk, curb and or gutter within the City right-of-way along and in front of any parcel of land which abuts upon a street, park, or other public place.

(4)

The owner of any parcel of land may petition the City to construct a sidewalk, curb and gutter as set forth in Sections 740.104 and 740.105 of this Chapter.

(5)

The owner of each parcel of land which abuts upon a street, park or other public place in the City is required to maintain an existing sidewalk, curb and gutter along and in front of the parcel of land.

(c)

Effective July 1, 2003, except as provided in Section 740.101(d) hereof, the City is legally responsible for the repair of sidewalks on City-owned streets, property or rights-of-way.

(d)

The City will not pay to repair or replace any damage to sidewalks caused by the intentional or negligent act of a property owner. If the City determines that a hazardous condition was caused by the intentional or negligent act of an abutting property owner(s), its agents or contractors, the abutting property owner(s) shall be responsible for the cost to repair the sidewalk according to the provisions and following the procedures set forth in this Chapter 740, Ordinance Code. For purposes hereof, the term "intentional or negligent act" shall include any act or omission that a property owner knew or should have known would result in damage or injury to a sidewalk.

(Ord. 69-725-511, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2003-742-E, § 1; Ord. 2004-101-E, § 1; Ord. 2012-634-E, § 1)

Note— Former § 602.101.

Sec. 740.102. - Director of Public Works authorized to have sidewalks, curbs and gutters constructed or repaired; maintenance and repair standards.

If the owner of a parcel of land described in Section 740.101 fails to construct a sidewalk, curb or gutter as required, the Director of Public Works, upon having received a petition from property owners in accordance with Sections 740.104 and 740.105, may have a sidewalk, curb or gutter constructed along and in front of the parcel. If the owner of a parcel of land described in Section 740.101 fails to repair or maintain a sidewalk, curb or gutter as required, the Director, upon finding that the failure to repair or maintain creates a hazard to public health or safety, may have the unmaintained sidewalk, curb or gutter repaired or built not less than 45 days after having mailed or delivered a notice of intent to repair to the owner of each parcel of land along and in front of which the sidewalk, curb, or gutter lies. The notice of intent to repair shall advise that each owner has 45 days to repair or complete reasonable maintenance to the sidewalk, curb or gutter along and in front of the owner's parcel of land, failing which repairs or maintenance will be caused by the Director, cost of repairs or maintenance if they are caused by the Director, and that a person owning an interest in the parcel of land has the right to present to the appropriate Municipal Code Enforcement Board, within 45 days, a sworn petition stating his interest in the land and alleging that, in the opinion of the petitioner, no hazard to public health or safety by reason of maintenance failure by the owner exists. Upon presentation of a petition, the Director shall suspend the proposed repairs and the Municipal Code Enforcement Board shall conduct an inquiry into the contents of the notice of intent and the allegations of the petition. The Municipal Code Enforcement Board shall prohibit the proposed repairs if the hazard is found to be nonexistent and authorize the repairs if the hazard is found to exist. Subject to Section 740.101(d) hereof, the cost of construction, maintenance or repair, including administrative cost, with interest thereon at the rate of six percent per annum from the date of completion of the work shall be assessed against and shall be a lien superior to all other liens (except only liens for ad valorem taxes) upon the lot along and in front of which the sidewalk, curb or gutter was constructed, maintained or repaired; provided, that, when the hazard to public health or safety has been created or caused by some agency, force or thing under the control of the City or located on public property adjacent to the hazard, the cost of the repair shall be borne by the City and shall not be assessed against nor be a lien upon the lot along or in front of which the sidewalk, curb or gutter was repaired.

(Ord. 69-725-511, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1105-829, § 1; Ord. 74-450-283, § 1; Ord. 74-885-396, §§ 1—3; Ord. 83-591-400, § 1; Ord. 2003-742-E, § 1)

Note— Former § 602.102.

Sec. 740.103. - Permit required from Director of Public Works.

Before a sidewalk, curb or gutter is constructed or repaired, the owner of the property or a person contracting for the construction or repair shall first obtain a permit from the Director of Public Works. The holder of the permit shall notify the Director when the work is to begin and when the work is completed. The sidewalk, curb or gutter shall conform to grade as established by the City Engineer, who shall furnish stakes and marks free of charge. Whenever it is not practicable from the contour of the ground or the establishment of property lines to construct a sidewalk in conformity with this Chapter, the Director may make such changes or alterations to the character of the sidewalk as the circumstances may require.

(Ord. 69-725-511, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.103.

Sec. 740.104. - Petition of property owners for laying of curbs, gutters or sidewalks.

The Director of Public Works shall issue a permit for the laying and construction of curbs, gutters and sidewalks on a parcel of property or a street when petitioned to do so by the property owners owning at least 60 percent of the total front footage fronting on the street or portion of a street. The permit shall require the work to be done by the City or by contract, as determined by the Director, and in strict accord with plans and specifications approved by him. The standard charge to the property owner shall be $12 for each linear foot of curb and gutter fronting his property. The standard charge to the property owner for sidewalk shall be $12 for each linear foot of sidewalk five feet wide fronting his property, regardless of thickness. Charges for each linear foot for sidewalks of widths other than five feet shall be computed on the basis of actual width in feet times $12 for each linear foot divided by five. The standard charges shall be considered to include all of the petitioner's liability for charges incident to the construction and shall be applicable to construction under this Section subsequent to January 1, 1990. If the actual cost to the City is less than that computed by the standard charges, as revealed by cost records if done by the City or bid prices if done by contract, the property owners will be assessed the lower cost on a pro rata front-foot rate. In no event will an assessment to a property owner exceed the standard charges stated above. The Director shall annually review the adequacy of the standard charges and recommend changes to the Council as may appear appropriate. The entire cost of the work with interest at the rate of eight percent per annum from the date of completion of the work shall be a lien superior to all liens (except liens for taxes) and shall be assessed against the property in proportion to the frontage of each parcel of property on the street upon which the work is done.

(Ord. 69-725-511, § 5; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-1078-442, § 1; Ord. 73-1214-643, § 1; Ord. 83-591-400, § 1; Ord. 89-872-405, § 16)

Note— Former § 602.104.

Sec. 740.105. - Contents of petition.

The petition described in Section 740.104 shall contain:

(a)

An agreement that the sidewalks, curbs or gutters will be constructed in accordance with detailed plans and specifications approved by the Public Works Department.

(b)

The location of the work area.

(c)

A statement by the signers thereof that each of them agrees to pay his proportionate part of the entire cost of the work according to the front footage of his property fronting or abutting on the street on which the work is to be done.

(Ord. 69-725-511, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.105.

Sec. 740.106. - Standards for issuance of permit.

The permit required to be issued by this Chapter shall be issued by the Director of Public Works when he finds that:

(a)

The plans for the proposed construction have been approved by the City Engineer, to whom they shall be forwarded by the Director within a reasonable time after the receipt thereof.

(b)

The work shall be done according to the standards and specifications of the City for public work of like character.

(c)

The operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of access to and from the property affected and adjacent properties.

(d)

The health, welfare and safety of the public will not be unreasonably impaired.

(Ord. 69-725-511, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.106.

Sec. 740.107. - Statement of costs to be entered in Street Improvement Lien Book.

As soon as practicable and within 30 days after the construction or repair of a sidewalk, curb or gutter, the Public Works Department shall prepare a statement of the costs thereof, which statement shall set forth the amount of costs, the date of completion of the work and a description of the parcel of property upon which the lien is claimed. The Department shall transmit the statement of costs to the Tax Collector. The Tax Collector shall enter the information set forth on the statement of costs in a book labeled the Street Improvement Lien Book, which shall be prepared and kept for that purpose and kept open to public inspection during office hours in the Office of the Tax Collector. As soon as practicable after the entries have been made in the Street Improvement Lien Book, the Tax Collector shall cause to be published and mailed or delivered to the owner of each parcel of land along and in front of which the sidewalk, curb or gutter lies, if the lien is for repairs in accordance with Section 740.102, a notice of the completion of the work and that liens have been entered in the Street Improvement Lien Book. The notice shall contain a legal description of the property against which a lien is claimed for the completed work covered by the notice. One publication of the notice of completion of any and all sidewalk, curb or gutter work provided herein and the fact that liens covering the cost of the work have been entered by the City in the Street Improvement Lien Book published in a newspaper of general circulation in the City shall be sufficient.

(Ord. 69-1133-713, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1105-829, § 2; Ord. 83-591-400, § 1; Ord. 2012-190-E, § 1)

Note— Former § 602.107.

Sec. 740.108. - Property owner's petition that lien is incorrect; hearing and Council approval.

A person owning a parcel of property or owning an interest therein on which a lien is claimed under this Chapter shall have the right at any time within 30 days after the publication of the notice covering his property to present to the Council a sworn petition stating his interest in the property and alleging that, in the opinion of the petitioner, the cost of the construction or repair of the sidewalk, curb or gutter as entered in the Street Improvement Lien Book exceeds the actual cost thereof or is otherwise erroneously entered or exceeds special benefits accruing to the parcel of property affected by the lien. If it appears to the Council, after a consideration of the petition and inquiry into the facts, that the amount of the lien is incorrect or exceeds a special benefit accruing to the parcel of property, then it shall direct the Tax Collector to make the necessary correction in the Street Improvement Lien Book to fix the amount to be charged against the parcel of property. The Tax Collector shall notify the Public Works Department of corrections made in the Street Improvement Lien Book. In cases where no petition is filed within the time allowed herein, the amount of the lien, together with interest thereon, shall, upon approval and confirmation by resolution of the Council, stand fixed as the amount of the City's lien. In all cases where a petition is filed within the required time, the amount of the lien as approved by the Council, together with interest thereon, shall, upon approval and confirmation by resolution of the Council, stand fixed as the amount of the City's lien. Upon approval of the liens by resolution of the Council, the Tax Collector, after having made all corrections as determined by the Council to be necessary to equalize the assessments in proportion to the benefits, shall indicate Council approval thereof in the Street Improvement Lien Book. After Council approval, liens shall stand as true and correct.

(Ord. 69-1133-713, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.108.

Sec. 740.109. - Lien for construction or repairs due and payable.

A lien for construction of or repairs to a sidewalk, curb or gutter shall be due and payable within four months after publication of the notice of completion of the work. If not then paid, it shall be assessed as a special tax on the next tax assessment roll. If the owner of a parcel of property shall pay the amount of the lien assessed against his parcel of property within four months after publication of the notice, he may pay the face value thereof without interest and the lien shall be fully satisfied.

(Ord. 69-725-511, § 10; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.109.

Sec. 740.110. - Curb, gutter and sidewalk liens validated.

All liens of the City for laying or repairing sidewalks, curbs and gutters which have been assessed in substantial conformity to the provisions of this Chapter are validated and confirmed in all respects.

(Ord. 69-725-511, § 11; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.110.

Sec. 740.111. - Levy of special tax to pay for construction or repair of sidewalks, curbs and gutters.

When:

(a)

A sidewalk, curb or gutter is constructed or repaired;

(b)

A lien for the work has been entered in the Street Improvement Lien Book;

(c)

Notice thereof has been published as provided in this Chapter; and

(d)

The resulting lien has not been paid within four months;

A special levy of taxes shall be made annually against the property for a period of five years, to be divided as nearly as may be so that the owner of the property may pay the lien, including principal and interest, in five approximately equal installments, calculating the interest at the rate of six percent per annum from the publication of notice.

(Ord. 69-725-511, § 12; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.111.

Sec. 740.112. - Entry of special tax assessment in assessment roll.

There shall be a special column in the tax assessment roll headed Special Tax Assessment, in which shall be recorded the annual levies under this Chapter. It shall be the duty of the Tax Collector to collect the special tax when other City taxes are paid. An omission or failure to assess property for the construction or repair of sidewalks, curbs or gutters or a mistake in the special tax shall not be a waiver of its payment nor shall it in any manner be construed as an estoppel against the City, but the omitted or corrected tax shall be included by the Property Appraiser for the following year as soon as the omission or mistake is discovered. If a person does not own the entire property against which an assessment has been placed, he may pay on the part owned by him, and the City shall retain its lien on the remaining property.

(Ord. 69-725-511, § 13; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.112.

Sec. 740.113. - Collection of special taxes.

Special taxes assessed against any property shall be due at the same time as the City taxes and, if not paid when due, shall draw interest at the rate of 12 percent per annum. Special taxes may be collected by suit as other City taxes and with the same penalties. If any property shall be sold for ad valorem taxes or special taxes, the City shall continue to assess the property annually until the liens against the property as entered in the Street Improvement Lien Book are fully paid as provided by this Chapter.

(Ord. 69-725-511, § 14; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 602.113.

Sec. 740.114. - Materials required for sidewalks and safety walks by or pursuant to contract with City.

Sidewalks and safety walks constructed by or pursuant to contract with the City, under this Chapter or otherwise shall be of concrete construction. Asphalt construction may be used for those facilities which will be used primarily as bike paths when the Director of Public Works deems it most economical and appropriate.

(Ord. 72-890-456, § 1; Ord. 76-1048-536, § 1; Ord. 83-591-400, § 1)

Note— Former § 602.115.

Sec. 740.115. - Construction of wheelchair ramps.

(a)

Wherever sidewalks exist, no gutters or curbing shall be installed, constructed or repaired at any street intersection unless provision is made for the construction of wheelchair ramps. The Director of Public Works shall not issue a permit for the installation, construction or repair of the gutter or curb until detailed plans and specifications for the wheelchair ramps have been submitted to and approved by him. Except in instances where the Director approves and authorizes variances, wheelchair ramps shall:

(1)

Be constructed at or beyond each end of the curved portion of the curb at the intersection, leaving the curb intact around the circular radius thereof.

(2)

Be at least three feet wide with a ramp slope suitable (1 on 12 recommended) for wheelchair use.

(3)

If the sidewalk paving extends to and abuts the curbing, be so constructed as to provide for sloped ramp sides for the convenience and safety of pedestrian traffic using the sidewalk.

(4)

Include a curb cut with the ramp sloping upward from the gutter and away from the street rather than extending out into the gutter and street.

(b)

This Section shall apply also to proposed subdivisions, shopping centers, condominiums, apartment complexes and other similar development in that suitable ramps must be included in order for construction permits for the developments to be approved, which ramps, in the opinion of the Director of Public Works, are adequate for the needs of wheelchair occupants.

(c)

Where neither sidewalks nor wheelchair ramps exist at an intersection but where sidewalk construction is proposed, the assessments to affected property owners shall include the cost of providing wheelchair ramps at the intersections and the ramps will be provided as part of the sidewalk construction.

(Ord. 74-140-96, § 1; Ord. 83-591-400, § 1)

Note— Former § 602.116.

Sec. 734.115. - Sounding of train horns and whistles. Chapter 741 - ZERO TOLERANCE ON LITTER