HomeMy Public PortalAboutOrdinances-1996-209 CITY OF TIFFIN ORDINANCE NO. 1996- 09'
AN ORDINANCE PROVIDING REGULATIONS FOR SIDEWALKS REGARDING
CONSTRUCTION, REPAIR, MAINTENANCE, AND RESPONSIBILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF TIFFIN, IOWA:
Section 1 . Purpose : To provide regulations for the
construction, repair, maintenance, and , responsibility of
permanent sidewalks for the public health, safety, comfort,
convenience, and general welfare of the people of Tiffin,
Iowa.
Section 2 . Definition: Unless otherwise expressly stated
or the context clearly indicates a different intention, the
following term "Sidewalks" shall, for the purpose of this
ordinance, have the following meaning: all permanent public
walks in any business, residential or suburban area in the
city.
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Section 3 . Maintenance Responsibility:
A. Abutting property owners shall be responsible for
maintaining any sidewalks outside the lot and property lines
and inside the curb lines or traveled portion of the public
street.
B. Sidewalks will be considered properly maintained if
they are safe and free of any hazardous conditions .
"Hazardous Conditions" include, but are not limited to, the
following conditions :
1 . Vertical separations equal to three-fourths (3/4) -
inch or more;
2 . Horizontal separations equal to three-fourths (3/4)
inch or more;
3 . Holes or depressions equal to three-fourths
(3/4) inch or more;
4 . Spalling over fifty percent (50%) of a single
square of the sidewalk with one or more depressions
equal to one-half (1/2) inch or more;
5 . Spalling over less than fifty percent (50%) of a
Ordinance #1996-209 pg . 2
single square of the sidewalk with one or more
depressions equal to three-fourths (3/4) inch or more;
6. A single square of sidewalk cracked in such a
manner that no part thereof has a 'piece greater than
one square foot;
7 . ,A sidewalk with any part thereof missing to the
full depth;
8 . A change from the design or construction grade
equal to or greater than three-fourths (3/4) inch per
foot .
Section 4 . Mandated Repairs :
A. If sidewalks not properly maintained as required
under Section 3 above, the City of Tiffin may serve notice
on the abutting property owner, by certified mail to the
property owner as shown by the records of the Johnson County
Auditor, requiring the abutting property owner to repair,
replace, or reconstruct sidewalks .
B. If action is not taken by the abutting property
owner within a reasonable time, the City of Tiffin may
perform the required action and assess the costs against the
abutting property tax. This power does not relieve the
abutting property owner of liability as outlined in
Section 6.
Section 5 . Personal Injury Liability/Failure To Maintain.
A. .In the event that the abutting property owner does
not maintain sidewalks as required and action is brought
against the City of Tiffin for personal injuries alleged to
have been caused by its negligence, Tiffin may notify, in
writing, any person (s) by whose negligence it claims the
injury was caused.
B. The notice shall state:
1 . The pendency of the action,
2 . The name of the plaintiff (s) ,
3 . The name and location of the court where the
action is pending,
(- 4 . A brief statement of the alleged facts from
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which the cause arose, j IIIP
5 . That the City of Tiffin believes that the
person (s) notified is liable to it for any
judgment rendered against the city, and
6 . That the person (s) notified are requested to
appear and defend.
C. A judgment obtained in the suit is conclusive in
any action by the City of Tiffin against any person (s) so
notified, as to the existence of the defect or other cause
of the injury or damage, as to the liability of the City of
Tiffin to the plaintiff in the first' named action, and as to
the amount of the damage or injury. .
D. The- City of Tiffin may maintain an action against
the person notified to recover the amount of the judgment
together with all the expenses incurred by the city in the
suit : .,
Section 6. Snow & Ice Removal :
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A. The abutting property owner is responsible for the
removal of the natural accumulations of snow and ice from
the sidewalks within a reasonable amount of time and may be
liable for damages causes by the failure of the abutting
property owner to use reasonable care in the removal of the
snow or ice. A "reasonable time" shall not exceed twenty-
four (24) hours .
B. All additional provisions df Iowa Code Sec. 364 . 12
(2 .b) ] are incorporated herein.
C. If the abutting property owner does not remove the
natural accumulations of snow and ice within a reasonable
period of time, the City of Tiffin may do so and assess the
costs against the property owner for collection in the same
manner as a property tax.
Section 7 . Sidewalk Construction Standards
A. For purposes of this section, the following terms
are defined:
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Ordinance #1996-209 pg . 4
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1 . "Broom-'Finish" : shall mean• a sidewalk finish
AP that is made by sweeping the sidewalk when it is
hardening.
2 . ".Established Grade" : shall mean that grade
established by the City of Tiffin for the
, particular are in which a sidewalk is to be
constructed.
3 . "One-Course Construction" : shall mean that he
full thickness of the concrete is placed at one
• time, using the same mixture throughout .
"Portland Cement" : shall mean any type of cement
except bituminous cement. "
5 . "Wood Float Finish".: shall mean a sidewalk
finish that is made by smoothing the surface of
the sidewalk with a wooden trowel .
B. Sidewalks repaired,. replaced, or constructed under
the provisions of this chapter shall be of the following
construction and meet the following standard:`
1 . Sidewalk Construction. Sidewalk construction or
replacement shall include placement of 5 inch (non-reinforced)
thickness of concrete; 4" thick sidewalks to be reinforced
with welded wire fabric; finishing to match the existing work
and surrounding sidewalk; joints are to be reconstructed to
match ,existing work. Work shall comply with the following
construction requirements :
A. Thickness : Non-Reinforced minimum thickness of 5
Inches . Reinforced minimum thickness of 4 Inches.
B. ' Reinforcing: Welded Wire Fabric (WWF) meeting ASTM
A185 ,welded steel wire fabric standards .
C. Concrete : (1) Ready-mixed concrete (meeting ASTM
C94 standards) ; or (2) Portland Cement (meeting Type 1,
ASTM C150 Standards)
D. Aggregate : Fine and course aggregate for
concrete shall comply with ASTM-33 (concrete aggregate)
or ASTM C330 (lightweight .aggregate standards) .
E. Water: Water to be free from injurious amounts of
oil, acid, alkali, organic matter or other deleterious
substances .
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F. Admixtures : Air-entraining - (Meeting ASTM C260,
dosage per manufacture ' s recommendations) . Concrete
structures and slabs exposed to freezing and thawing must
have air-entraining admixture of 6o with a maximum
variability of 1% . Water-reducing - (Meeting ASTM C494,
Type A, dosage per manufacturer' s recommendations . No
Ch,lgrides will be permitted) .
Accelerating - (Meeting ASTM C494, Type 'C or Type E,
dosage per manufacturer' s recommendations) .
G. Joint Filler: Filler shall be asphalt impregnated
board (meeting ASTM D994 standards) .
H. Strength: 4, 000 psi for 28-day moist cured lab
samples .
I . Water Ratio: Maximum of 0 )49 (includes use of
pozzolan) .
J. Cement Content: Minimum of 564 lbs . per cubic yard
for 3/4" maximum aggregate .
K. Slump: Maximum of 4" and Minimum of 2" .
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L. Ready-Mix: All ready-mix type concrete must
comply with ASTM C94 . Addition 'of water to the concrete
batch will not be permitted.
2 . Construction. Sidewalks shall be of one-course
construction.
3 . Sidewalk Base . Concrete may be placed directly on
compact and well drained soil . Where the soil is not well
drained,_ a three (3) inch sub-base of compact, clean, course
gravel, sand or cinders : shall be laid. The adequacy of the
soil drainage is to be ,determined by the City of Tiffin.
4 . . Sidewalk Bed. The .sidewalk bed shall be graded to
the established grade . I
5 . Sidewalk Dimensions :
A) Residential sidewalks- shall be at least four (4)
feet wide and four (4) inches thick, and each
section shall be no more than six (6j feet in
length.
B) Business District sidewalks shall extend from the
property line to the curb. Each section shall be
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four (4) inches, thick and no more than six ( 6) feet
C in length •arid "width.
C) Driveway areas shall be at least 'six ( 6) inches
thick.
6 . Location. Residential sidewalks shall be located
with the 'inner edge (the edge nearest to the abutting
private property) one foot from the property line, unless
the council shall establish a different distance due to
circumstances
7 . Grade . Curb tops shall be on level with the
centerline of the street which shall be the established
grade.
8 . ' Elevations . The street edge of a sidewalk shall
be at an elevation even with the curb at the curb or not
less than one-half (1/2) inch above the curb for each foot
between the curb and the' sidewalk.
9 . Slope. All Sidewalks shall slope one-quarter
( .25) of' an inch per foot toward the curb.
`,y 10 . Finish. All sidewalks shall be finished with a
L p "broom" or "wood float" finish.
11 . Ramps for Persons with Disabilities . [Iowa Code
(1995) Sec. 216C. 9] . There shall be not less than two (2)
curb cuts or ramps per lineal block which shall be located
on or near the lineal crosswalks at intersections . Each curb
cut or ramp shall be at least thirty (30) inches wide, shall
be sloped at not greater than one inch o rise per twelve ,
' (12) inches lineal distance, except that a slope no greater
than one (1) inch of rise per eight (8) inches lineal
distance may be used where necessary, shall have a nonskid
surface, and,shall otherwise be so constructed as to allow
reasonable access to the crosswalk for physically disabled
persons using sidewalks .
Section 6. Repealer. All ordinances or parts of ordinances
in conflict with the provisions of this Ordinance are hereby
repealed.
Section 7 . Severability. If any section, provision, or
part of this ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
I validity of the ordinance as a whole, or any section,
provision, or part thereof not adjudged invalid or
., unconstitutional . ..
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' Ordinance #1996-209 pg . 7
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Section 8 . Effective Date . Thisr ordinance shall be in
effect after its final passage, approval, and posting as
provided by law. a
On the � ' day of ���'1rr U7-er- 1996,1 at a regular meeting of
the Tiffin City Council, Tiffin, Iowa, Councilperson
(C�
BYpw✓) .introduced Ordinance No. 6 -2Q9 , and
moved that it be given it first reading. The motion was
seconded by Councilperson it , ,
Ayes : Yb�1,)
(-N . .
'TeYcf, Y+e k, -'efv1, V W is
Nayes : OHC
fIJe, members of the council being present and having voted
"Aye", Mayor Glenn R. Potter, declared the motion carried,
and Ordinance No . 1916- 269 , was 'tread the first time and
discussed and placed on record.
6''6 members of the council being present and having voted
"Aye", Mayor Glenn R. Potter declared the motion carried,
and Ordinance No . 199C, -269. , was , then placed on its last
reading and was read the last time .
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Th eupon, it was moved , by Councilperson
Key and seconded by Councilperson
WO 115 that Ordinance No .
)6M6-209 be placed upon its final passage and adopted.
Ayes : L_; '
eKtke, x1 k, -<2Vh, 'Broth , °w-t-elc
Nays : gone .
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C7i V2 members of the council being present and having voted
"Aye", Mayor Glenn R. Potter declared the motion carried,
and the ordinance was passed and adopted`.
Whereupon the mayor 'declared . that Ordinance No .
iqq 6, _ 2.09 be adopted and signified his approval of
same by fixing his signature thereto.
Passeg by the council on the 9 day of
Cjc jber 1996 and approved by the mayor on the
el day of OCtobe.v- 19-96 . '
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GLENN R. POTTER, Mayor
ATTEST :
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Ordinance #1996-209 pg . 8
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MARGARET B EIHNIAN, . Ci , Clerk
I, ' erk of the City of Tiffin, Iowa, state that an
ordinance entitled: LK •
and known as No . 1g g _ 269. was duly passed by the council
on the 903 da of ( c ev 1996, and signed by the
mayor on the day of C)C+obev 1996, and published
on the k 9t 1 day of (')c.i-n( Pe. 1996, by posting copies
thereof in three public places within the limits of the City
of Tiffin, Iowa.
That I posted copies of Ordinan ,No . Ic1�) '-2C 1 in the
following places : TH A1,4 -tvL.2. �Gt�S kUy--9
1rd jtia re avid 1\1\oy-L5atn 's SeVJJ c e
ti 1..71 11 04k, .,.�
wy MARG B. RE I A ' , ' ity Clerk
I , Margaret B . Reihman , 'City Clerk of Tiffin, Iowa , do
hereby certify that the above is a true and correct copy of
Ordinance No . 1996-209 , SIDEWALKS , passed by the City Council
of • Tiffin , Iowa , at a regular meeting held on the 9th day of
October , 1996 , as it appears in the official records held in
my office .
Dated. this 19th day of October , 1996 .
di0
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Marg . r. B. Reihmalx; Y,•ity Clerk
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