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Legislation #: 100741 Introduction Date: 9/2/2010
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 64, Article VII, Code of Ordinances, by repealing Sections 64-241 through 64-280 in their entirety, and enacting in lieu thereof new sections of like designation and similar subject matter for the purpose of establishing a City-wide sidewalk inspection program and procedures governing the repair and replacement of sidewalks and the issuance of special assessments; and amending Chapter 64, Article I, by enacting new Sections 64-14, 64-15 and 64-16 for the purpose of requiring property owners to abate and refrain from creating certain hazards in streets, sidewalks and other public places.

Legislation History
DateMinutesDescription
9/1/2010 Filed by the Clerk's office
9/2/2010 Referred to Transportation and Infrastructure Committee
9/9/2010 Hold On Agenda (9/23/2010)
9/23/2010 Hold On Agenda (10/7/2010)
10/7/2010 Hold On Agenda (10/14/2010)
10/14/2010 Hold On Agenda (10/21/2010)
10/21/2010 Hold On Agenda (11/4/2010)
11/18/2010 Hold On Agenda (12/9/2010)
12/9/2010 Hold Off Agenda
7/21/2011 Release
7/21/2011 Released

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ORDINANCE NO. 100741

 

Amending Chapter 64, Article VII, Code of Ordinances, by repealing Sections 64-241 through 64-280 in their entirety, and enacting in lieu thereof new sections of like designation and similar subject matter for the purpose of establishing a City-wide sidewalk inspection program and procedures governing the repair and replacement of sidewalks and the issuance of special assessments; and amending Chapter 64, Article I, by enacting new Sections 64-14, 64-15 and 64-16 for the purpose of requiring property owners to abate and refrain from creating certain hazards in streets, sidewalks and other public places.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 64, Article VII, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 64-241 through 64-280 in their entirety and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

ARTICLE VII.  SIDEWALKS


Sec. 64-241.  All sidewalks to be first class sidewalks; materials and specifications.

 

(a) All sidewalks shall be first class sidewalks, constructed of either concrete, hard burned brick or vitrified brick. Only sidewalks constructed of one of such materials and in accordance with the specifications approved by the director of public works shall be deemed first class sidewalks within the meaning of the ordinances of the city. Sidewalks or overlays constructed with a bituminous base material or any other material not specifically listed herein are hereby prohibited.

 

(b) The director of public works shall endeavor to identify additional environmentally-friendly materials that may be utilized in the city’s sidewalk program and shall report to the city council if the director determines that sidewalks constructed with such materials should be deemed first class sidewalks as provided in subsection (a).

 

Sec. 64-242.  Construction or reconstruction in streetscape areas.

 

(a) In the area for which a streetscape plan, standard, or decorative project has been approved by ordinance, or where streetscape design standards have been approved by the director of public works or the director of parks and recreation (for boulevards or parkways), any sidewalk construction or reconstruction shall be done in accordance with the approved streetscape plan, standard, or project; except that, where the streetscape has not yet been installed at the location of the work, if the respective permitting authority, the director of city development or the director of parks and recreation, determines that separate construction of that part of the streetscape in accordance with the approved streetscape plan or standard is not practical because the sidewalk area is too small, then the respective director may issue a permit for reconstruction using other materials.

 

Sec. 64-243.  Duty of abutting owner or occupant to keep sidewalk, curbing, drive

approach and guttering in good repair; special assessments authorized.

 

(a)   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.

 

(b)   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.

 

(c) The obligation of the owner or occupant of any house, building, lot or premises with regards to the sidewalk, curbing, drive approach, guttering, or cellar door, grating or stairway located on a sidewalk is absolute and shall not be extinguished by the fact that any out of repair condition may have been caused by a person or cause outside the owner or occupant’s control.

 

(d)   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.

 

(e)   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 pursuant to criteria approved by the director or is otherwise subject to being repaired or reconstructed in conjunction with such work pursuant to one or more provisions of section 64-248(a), 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:

 

(1)    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 assessor’s office, which notice shall require the reconstruction or repair to be made within 30 days of the notice unless an alternative time is designated by ordinance. The requirement of notice is directory and not mandatory.

 

(2)    After the expiration of the 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 city's 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.

 

(3)    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 be authorized to include therein the engineering and administrative costs as authorized by Section 2-1723. The director 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.

 

(4)    The balance of the costs, if any, subject to special assessment 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 to the benefit conferred, which shall be held to mean that each lot, tract and parcel shall be assessed that portion of the balance of the costs corresponding to the work actually completed relative to the lot, tract or parcel being assessed. 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.

 

(5)    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.

 

(6)    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 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.

 

(7)    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.

 

(f) The provisions of subsection (e)(1) and (e)(2) shall not be applicable to work which the director causes to be completed pursuant to a petition signed by a majority of the property owners pursuant to section 64-247.


Sec. 64-244.  Issuance of permit for construction or repair; exceptions.

 

(a) The director of public works is hereby authorized to issue special permits, upon request, to owners of private property to construct, repair or reconstruct sidewalks, curbing or drive approaches at their own expense, under the same terms and conditions as are provided in section 64-4, except as provided herein.

 

(b) The director of public works may refuse to issue any special permit that would permit the permit holder to construct, repair or reconstruct any sidewalk, curbing or drive approach if:

 

(1) The particular sidewalk, curbing or drive approach proposed to be constructed, repaired or reconstructed is included within any contract which has already been solicited by the city; or

 

(2) The owner of the property fronting and abutting the particular sidewalk, curbing or drive approach proposed to be constructed, repaired or reconstructed was previously notified by the director that such work was required and more than 30 days have lapsed since that notice was given; or

 

(3) The particular sidewalk, curbing or drive approach proposed to be constructed, repaired or reconstructed is included within an area in which an apparent majority of the property owners have signed and submitted to the director a petition pursuant to section 64-247 requesting that the director undertake such improvements on their behalf and apportion and assess the costs thereof.


Sec. 64-245. Systematic City-wide inspection program.

 

(a) The director of public works shall cause each councilmanic district to be divided into 25 geographically contiguous sub-areas for purposes of conducting a City-wide inspection program. Each fiscal year the director shall cause the sidewalks, curbing and drive approaches in no less than one sub-area within each councilmanic district to be inspected, subject to the appropriation of sufficient funding, such that each such improvement within the City shall be inspected no less than once every 25 years. Prior to commencing the City-wide inspection program authorized hereunder, the director shall confer with the councilpersons representing each councilmanic district for purposes of prioritizing the order in which the sub-areas shall be inspected. Notwithstanding the foregoing, the director may re-prioritize the inspection order from time-to-time during each City-wide inspection cycle in the event the director determines that the conditions in one or more sub-area are such that their inspection should not be delayed.

 

(b) The purpose of the City-wide inspection program shall be to identify those sidewalks, curbing and drive approaches, or portions of any of the foregoing, that are out of repair pursuant to criteria approved by the director and to restore the same to the city's established standards for sidewalks, curbing, and drive approaches. The repair or reconstruction of any area deemed by the director to be out of repair as a result of this City-wide inspection program and the apportionment and assessment of the costs thereof shall proceed in accordance with and shall be governed by the provisions of section 64-243.

 

(c) Nothing within this section shall prohibit the director from requiring the repair or reconstruction of any sidewalk, curbing, drive approaches, or portions of any of the foregoing, that are out of repair pursuant to criteria approved by the director and which were identified by means other than the City-wide inspection program hereby established.

 

Sec. 64-246 Resident-initiated inspections.

 

(a) Any individual may notify the director of public works if such individual has reason to believe that any sidewalk, curbing or drive approach within the city is in a condition necessitating repair or reconstruction. The director shall investigate the complaint and determine whether the improvement so identified is out of repair pursuant to the criteria approved by him. In the event that the repair or reconstruction is deemed necessary by the director, the director shall notify the owner of the property fronting and abutting the area to be improved and, if the work is not completed to the city’s established standards within 30 days, may proceed to cause the work to be performed and the costs thereof to be apportioned and assessed as provided in section 64-243.

 

Sec. 64-247. Petition initiated sidewalk, curbing and drive approach projects.

 

(a) Owners of property on any block which fronts and abuts any sidewalk, curbing or drive approach which they desire to have repaired or reconstructed may petition the director to cause the work to be completed and the costs apportioned and assessed as provided in section 64-243. The petition shall be submitted in a format approved by the director.

 

(b) Upon receipt of a petition in a format approved by the director, the director shall evaluate the sufficiency of the petition on its face and shall determine whether it has been signed by no less than a simple majority of the property owners on the block. If it appears on its face that it has not been, the petition shall summarily be denied. If it appears on its face that the requisite number of petitioners has been satisfied, the director shall cause written notice of that fact to be sent via U.S. Mail, postage prepaid, to the registered owner of each parcel owner on the respective block(s). The notice shall inform the affected property owners, at a minimum, that a petition has been submitted, the nature of the work that the petitioners have requested be completed, a good faith estimate of what the cost is anticipated to be, an estimate of when the work might be completed, a statement informing them that the work will result in a special assessment being levied against their property which they will be obligated to pay and which will incur interest, and extending them the opportunity to appear and testify in support or opposition at a public hearing. The notice shall be deposited in the mail no less than ten (10) calendar days prior to the date established for the hearing.

 

(c) The director shall convene a public hearing for the purposes of soliciting public comment. The director shall evaluate the public testimony and the condition of the sidewalk, curbing or drive approaches proposed to be repaired or reconstructed. The director shall determine, in his sole discretion, whether the public’s health and welfare would be benefited by the petition project’s proceeding and shall notify the affected property owners of his determination within sixty days following the conclusion of the public hearing.

 

(d) If the director determines that the project shall proceed, the petition shall be deemed approved and the work shall commence on a schedule established by the director. The costs of the repair and reconstruction shall thereafter be apportioned and assessed as provided by and subject to the provisions of section 64-243(e)(3) through (e)(7).

 

(e) For purposes of this section, a block shall consist of those parcels existing on one side of a street between successive cross streets. A single petition covering more than one block may be submitted, but the sufficiency of the petition shall be evaluated with regards to each block individually.

 


Sec. 64-248. Portions of existing sidewalk, curbing and drive approaches to be

preserved; standards.

 

(a) No section of sidewalk, curbing or drive approach not out of repair pursuant to criteria approved by the director shall be repaired or reconstructed if any portion of the costs thereof are to be apportioned and assessed, notwithstanding the fact that it may lie between or abut section(s) being replaced, unless the director determines that:

 

(1) Repair or reconstruction is necessary for purposes of providing positive drainage; or

 

(2) Repair or reconstruction is necessary for establishing proper vertical alignment; or

 

(3) The proximity to the work begin performed is such that the costs incurred in preserving intact the section of the sidewalk, curbing or drive approach would definitively exceed the costs incurred in repairing or reconstructing such section; or

 

(4) Two-thirds or more of the total sidewalk, curbing or drive approach to be repaired or reconstructed is out of repair; or

 

(5) The repair or reconstruction has been requested pursuant to a petition as provided in Section 64-247, which petition has been signed by no less than a simple majority of the property owners abutting the work the costs of which are to be apportioned and assessed.

 

(b) In the event that any section of sidewalk, curbing or drive approach not out of repair pursuant to criteria approved by the director has been repaired or reconstructed solely pursuant to paragraph 5 of subsection (a) above, the director shall exclude from apportionment and assessment those costs incurred in repairing or reconstructing said portions provided they have previously been repaired or reconstructed by the abutting property owner pursuant to a permit issued by the city and constructed to the city’s approved standards for such work within the three (3) calendar year period immediately preceding the date upon which the work to be apportioned and assessed commenced. No assessment against the property having previously repaired or reconstructed the sidewalk, curbing or drive approach as provided herein shall be certified or issued except with regard to those sections which were out of repair pursuant to criteria approved by the director and which were repaired or reconstructed, if any.

 

Sec. 64-249.  Railings along sidewalk.

 

(a)   Every owner and occupant of any house, building, lot or premises, in front or alongside of or adjoining which there is any sidewalk (and, in case of several persons occupying the same house or building, then the one occupying the first floor next to the sidewalk), shall cause to be erected and maintained and kept in good repair a good, substantial and sufficient railing or barrier on either side or both sides of such sidewalk where the sidewalk is, in the opinion of the director of public works, three feet or more above the level of the street or adjoining lot.

 

(b)   Such railing or barrier shall be at least 2 1/2 feet high, of good material, and shall be securely attached and fastened to such sidewalk with good and sufficient props and stays, and the work provided in this section to be done is hereby declared to be the repair of sidewalk, curbing or guttering, the costs of which may be apportioned and assessed as provided in section 64-243.

 

Secs. 64-250 – 64-280. Reserved.

Section 2. That Chapter 64, Article I, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting new Sections 64-14, 64-15 and 64-16, to read as follows:

Sec. 64-14.  Removal of snow and ice; enforcement.

 

(a) It shall be the duty of all persons owning or occupying any real property to remove from the sidewalks in front or alongside of such property all snow and ice within the forty-eight hours immediately following the cessation of the storm depositing such snow and ice, or within the forty-eight hours immediately following the termination of any snow-related emergency declared pursuant to Section 70-269 in conjunction with such storm, whichever expires last.

 

(b) No person shall deposit, or allow anyone acting on their behalf to deposit, any snow or ice on the sidewalks abutting any other person’s property or on property belonging to any other person, unless such other person shall have consented. Notwithstanding the foregoing, this provision shall not be construed as prohibiting, limiting, imposing conditions upon, or otherwise constraining, in any manner, any local or state governmental entity in its efforts to remove or cause the removal of snow and ice from any street, boulevard, highway or other public place within the city.

 

(c) The city police department is charged to enforce and carry out the provisions of this section. The director of neighborhoods and community services shall have concurrent authority to enforce the provisions of this section.

 

Sec. 64-15.  Water to be diverted away from sidewalk.

 

(a) Every owner or occupant of any house or other building shall cause the pipes conducting the water from the foundation and eaves or roof of such house or other building to be so constructed as to prevent the spread of water over the sidewalk, curbs and gutters.

 

(b) The director of neighborhoods and community services shall have authority to enforce the provisions of this section.

 

Sec. 64-16. Watering of vegetation; excess wastewater in public places prohibited.

 

(a)                Every owner or occupant of any house or other building watering or causing the watering of any vegetation shall do so in such a manner as to not permit excess water to flow over or along any sidewalk, curbing, guttering, drive approach, street or other public place in such a manner as to create a hazardous or dangerous condition or otherwise restrict free passage by pedestrians or motorists.

 

(b) The director of neighborhoods and community services shall have authority to enforce the provisions of this section.


_______________________________________________

 

Approved as to form and legality:

 

 

________________________________

Brian Rabineau

Assistant City Attorney