For purposes of this Chapter 13, the following words and terms shall be defined as follows:

(a)   City means the City of Maize, Sedgwick County, Kansas.

(b)   City Clerk means the City Clerk of the City.

(c)   City Engineer means the City Engineer of the City.

(d)   Person means individual(s), partnership(s), firm(s), corporation(s) or any other legal entity.

(e)   Public Works Director means the public works director of the City.

(f)    Sidewalk(s) means sidewalks, curbs, wheelchair ramps and driveway approaches that are located within the public rights-of-way within the City.

(Ord. 712, Sec. 1)

It shall be unlawful to construct, reconstruct or repair any sidewalk until the plans first have been approved by the public works director and a permit issued for such work by the city clerk. A non-refundable application fee of Seventy Dollars ($70.00) shall be submitted to the city at the same time that plans for constructing, reconstructing or repairing a sidewalk are submitted.

(Ord. 712, Sec. 1)

Only persons who are licensed by the City of Wichita, Kansas, or who have equivalent licenses from other public entities (the public works director shall determine if a license from another public entity other than the City of Wichita, Kansas, is an equivalent license) are eligible to apply for and be issued a permit to construct, reconstruct or repair sidewalks. In addition, before obtaining a permit such person shall file with the city clerk of the city a surety bond in the amount of Five Thousand Dollars ($5,000.00), which shall be approved as to form by the city attorney. The condition of such bond shall be that the principal therein shall comply with all ordinances of the city relating to and regulating the construction of sidewalks and shall hold and save the city harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation made, material stored or placed upon the public rights-of-way, or from any other action by the principal therein.

(Ord. 712, Sec. 1)

All sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the governing body orders 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. If the grade has been established, the city clerk shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade.

(K.S.A. 12-1801, 12-1807; Ord. 712, Sec. 1)

All sidewalks shall be constructed and laid in accordance with the city engineer’s concrete specifications that are on file in the office of the city clerk as provided by K.S.A. 12-1802.

(Ord. 712, Sec. 1)

When a petition signed by no fewer than ten (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; Ord. 712, Sec. 1)

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 sidewalk and providing for the construction of a new sidewalk in the place of the condemned sidewalk.

(K.S.A. 12-1804; Ord. 712, Sec. 1)

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 time in the official city newspaper 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; Ord. 712, Sec. 1)

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 Chapter 13, Article 1, without a petition or condemning resolution by the governing body, provided, however, such construction is done in conformance with this Article. 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; Ord. 712, Sec. 1)

It shall be the duty of the owner of the abutting property to keep the sidewalk in repair (such repair work shall be done in compliance with this article), but the city may, after giving five (5) 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; Ord. 712, Sec. 1)

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.

(Ord. 712, Sec. 1)

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.

(Ord. 712, Sec. 1)

It shall be unlawful for any person to construct, reconstruct or repair any sidewalk except as provided by this article. Any person convicted of a violation of any provision of this article shall be deemed guilty of a misdemeanor and shall be subject to a fine which shall be fixed by the court not to exceed Five Hundred Dollars ($500.00).

(Ord. 712, Sec. 1)

Invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.

(Ord. 712, Sec. 1)