(a)   Pursuant to Code Section 13-216, a landowner is responsible for installation, repairs and replacements of all sidewalks, drives, drainage structures and curbs in the City Right-of-Way, except for curbs that do not lie between the street and the landowner's drive.

(b)   It shall be unlawful to construct, reconstruct or repair any sidewalk or curb within the city until the plans first have been approved by city officers under standards and rules authorized by the governing body and permit issued for such work by the city clerk.

(Ord. 53, Sec. 1; Code 1998; Ord. 364)

Hereafter all curbs, drives, drainage structures and sidewalks constructed, repaired or reconstructed in the city shall be constructed on the established grade. Where no grade has been established, the owner of abutting property may construct such structure 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 in the process of granting a permit.

(K.S.A. 12-1801, 12-1807; Code 1998; Ord. 364)

Hereafter all curbs, drives, drainage structures and sidewalks shall be constructed, installed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any such structure except as provided by this article.

(Code 1998; Ord. 364)

When a petition signed by no fewer than ten (10) citizens owning real estate in the city requesting construction of a curb, drive, drainage structure or sidewalk within a defined area where those owners reside is filed with the city clerk, the governing body may, in its discretion, by a resolution or such other official action, order such structures constructed by way of a benefit district or other method where the property is collectively constructed and paid by taxation of the landowners.  

(K.S.A. 12-1803; Code 1998; Ord. 364)

When any curb, drive, drainage structure or sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel or otherwise presents the possibility of damage to the public, the governing body may adopt a resolution determining the same and providing for the construction of a new structure in place of the dangerous or inadequate condition. Said resolution shall provide for notice as provided in Sections 13-106 to 13-108 in advance of any action by the City, as the cost of the same is to be assessed to adjoining landowners.

(K.S.A. 12-1804; Code 1998; Ord. 364)

The resolution providing for the construction or reconstruction of a curb, drive, drainage structure or 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 (1) time in the official city paper in which to construct or cause to be constructed or reconstructed the structure at his or her own expense. If the structure is not constructed by the property owner, in compliance with the specifications of the City, within the time specified, the governing body shall cause the work to be done by contract and the cost assessed against the landowner.

(K.S.A. 12-1805; Code 1998; Ord. 364)

Nothing in this article shall be construed to prohibit the owner of the property abutting on a street, who desires to construct or reconstruct a curb, drive, drainage structure or 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 structure were constructed or reconstructed by the City, to construct or reconstruct these structures without any petition or resolution by the governing body. If such property owner desires these structures to be constructed or 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 structure requested in the same manner as in other cases where citizens or taxpayers petition the governing body.

(K.S.A. 12-1806; Code 1998; Ord. 364)

It shall be the duty of the owner of the abutting property to keep the curb, drive, drainage structure or sidewalk on the property in repair, 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 structure so repaired as may be provided by law.

(K.S.A. 12-1808; Code 1998; Ord. 364)

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 1998)

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 1998)