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Legislation #: 080459 Introduction Date: 5/1/2008
Type: Ordinance Effective Date: 6/1/2008
Sponsor: None
Title: Amending Chapter 64, Code of Ordinances, entitled “Streets, Sidewalks and Public Places” by repealing Section 64-243 and enacting in lieu thereof a new section of like number and subject matter for the purpose of requiring property owners to keep abutting sidewalks, curbing and guttering in good repair; and authorizing the imposition of special assessments upon the properties fronting and abutting any sidewalk, curbing and/or guttering that the Director of Public Works has caused to be repaired or reconstructed.

Legislation History
DateMinutesDescription
5/1/2008 Filed by the Clerk's office
5/1/2008 Referred to Transportation and Infrastructure Committee
5/8/2008 Hold On Agenda (5/15/2008)
5/15/2008 Advance and Do Pass as a Committee Substitute, Debate
5/15/2008 Councilmember Sharp Move To Hold On Docket
5/15/2008 Held on Docket (5/22/2008)
5/22/2008 Councilmember Johnson Move to Amend
5/22/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080459.pdf Authenticated 187K Authenticated
080459 compare.doc Other 37K Compared version Ordinance to Committee Sub
sidewalk fact sheet(2) [revised 5-1-08].xls Fact Sheet 59K Fact Sheet [revised 5-1-08]
080459 Compare.doc Other 40K Compared versions Code Book to Ordinance

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080459

 

Amending Chapter 64, Code of Ordinances, entitled Streets, Sidewalks and Public Places by repealing Section 64-243 and enacting in lieu thereof a new section of like number and subject matter for the purpose of requiring property owners to keep abutting sidewalks, curbing and guttering in good repair; and authorizing the imposition of special assessments upon the properties fronting and abutting any sidewalk, curbing and/or guttering that the Director of Public Works has caused to be repaired or reconstructed.

 

WHEREAS, the citizens of Kansas City, Missouri voted to approve a new Charter of the City of Kansas City, Missouri on August 8, 2006; and

 

WHEREAS, it is necessary to revise sections of Chapter 64, Code of Ordinances, to authorize and establish procedures for the imposition of special assessments as previously addressed by Charter; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 64, Code of Ordinances, is hereby amended by repealing Section 64-243, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 64-243. Duty of abutting owner or occupant to keep sidewalk, curbing and guttering in good repair; special assessments authorized.

 

(1)    No owner or occupant of any house, building, lot or premises shall permit or allow the sidewalk, curbing, drive approach or guttering in front or alongside of such house, building, lot or premises to be or remain out of repair or suffer or allow the same to be or remain above or below the established grade.

 

(2)    No owner or occupant of any house, building, lot or premises shall permit or allow any cellar door, grating or stairway located on a sidewalk in front or alongside of such house, building, lot or premises to be or remain out of repair or suffer or allow the same to be or remain above or below the established grade.

 

(3)    It shall be the duty of the Director of Public Works to see that the requirements of this section are fully complied with, either by the owner or occupant of such house, building, lot or premises, or by any person who may hereafter do any grading, or perform any other public work upon any of the streets of the city where such sidewalk, curbing, drive approach, guttering, cellar door, grating or stairway may at the time be located. The word repair as used in this section shall be deemed to mean and embrace whatever is necessary for the preservation of such sidewalk, curbing, drive approach, guttering, cellar door, grating or stairway, and to render the sidewalk, curbing, drive approach, guttering, cellar door, grating or stairway safe and convenient for the public.

 

(4)    When, in the opinion of the Director of Public Works, any sidewalk (including any cellar door, grating or stairway existing in such sidewalk), curbing, drive approach or guttering on any part of any street or public highway is out of repair, the Director may cause the same to be reconstructed or put in good substantial repair. The costs thereof may be assessed as provided herein, unless otherwise modified by ordinance approving a project whose costs are subject to special assessment:

 

(a)     The Director of Public Works shall cause a notice to be sent by United States mail, directed to the apparent owner of the real estate in front of which the said reconstruction or repair is to be made, as said ownership or taxpayer is shown on the real estate records of the city assessors office, which notice shall require the reconstruction or repair to be made within thirty (30) days of the notice unless an alternative time is designated by ordinance. The requirement of notice is directory and not mandatory.

 

(b)    After the expiration of the thirty (30) days, or such alternative time designated by ordinance, the Director of Public Works may cause the reconstruction or repair to be made through city forces or by contract if the owner has not complied with the notice or completed the repair or reconstruction to the Citys established standards for sidewalks, curbing, drive approaches and guttering work. The work may be done as separate projects for each location or as a project combining several separate locations.

 

(c)     After the work is completed at a single location or at several locations combined in one project, the Director of Public Works shall cause the cost to be determined, and for this purpose may base the same on unit costs for a project involving work in front of several parcels of land. The Director of Public Works shall thereafter determine whether a portion or all of the final cost of said improvements is to be paid by public funds, local or otherwise. If so, the Director of Public Works shall determine the balance of the costs, if any, of such repairs or replacement and this amount shall serve as the basis of any special assessment.

 

(d)    The balance of the costs, if any, subject to special assessment shall be assessed and charged according to the front-foot rule, which shall be held to mean that the required sum shall be assessed and charged against the several lots, tracts and parcels fronting or abutting upon the side of the street on which the work was done in proportion and ratably to the frontage or abutment thereon of such respective lots, tracts and parcels. In levying special assessments against corner lots, tracts and parcels, such shall be charged for the work done on both fronts and on the outside corners.

 

(e)     The Director of Public Works shall certify to the Director of Finance the cost of the work done in front of and adjacent to each parcel of land fronting or abutting on the side of the street on which the work was done, giving a description of each parcel of land so charged with sufficient accuracy to identify the same, and the amount of the special assessment against the same.

 

(f)      The special assessment provided for herein shall be payable in ten annual installments. The first installment shall become due and collectible on the thirtieth day of June next succeeding the date of certification to the Director of Finance, or if such period is less than 30 days after the date of said certification, then on the thirtieth day of June of the next year. The second and each succeeding installment shall be become due and collectible on June 30 of each year thereafter until all installments have become fully due and payable. Any special assessment not paid in full before the expiration of sixty (60) days from the date of certification to the Director of Finance shall bear interest, from the date of said certification, at a rate per annum equal to the rate on ten year United States treasury notes as established at the last auction before the assessment is certified to the Director of Finance. If any installment is not paid when due and collectible, said special assessments shall bear interest at a rate per annum two percent higher than the interest rate on assessments which are not delinquent, from the date to which interest has already been paid on said installments, or, if no installment has been paid, from the date of certification to the Director of Finance.

 

(g)     Special assessments provided for herein shall constitute liens upon the real estate and when delinquent shall be subject to collection in the same manner as provided for under state law, City Charter, and the Code of Ordinances.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Brian T. Rabineau

Assistant City Attorney