SIDEWALK ORDINANACE

ORDINANCE # 8 OF 2002

SIDEWALK REPLACEMENT ORDINANACE

WHEREAS, the town of Winamac, Indiana requires that every person constructing a building provide, install and construct a public sidewalk; and

WHEREAS, it serves the public health, safety and welfare to require that all sidewalks be maintained in good condition and repair; and

WHEREAS, the Town of Winamac has established programs to assist homeowners to reconstruct sidewalks abutting their property to maintain them in good condition and repair.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Winamac, Indiana, that the following Ordinance shall be adopted:

SECTION 1

The owner of any dwelling, building, subdivided lot or property shall be responsible for maintaining in good condition and repair the sidewalk in front of, alongside, and/or behind the property of the owner.

SECTION 2

The owner of property shall not allow a sidewalk on the property of the owner to become unsafe or to be placed in disrepair as a result of cracking, settling, or other deterioration. An unsafe sidewalk is defined as a section of sidewalk that is settled or pushed up so as to be uneven, or cracked or chipped, which circumstance creates the hazard of tripping or falling.

SECTION 3

If the Town Manager or his/her designee determines that the owner of the property has allowed the sidewalk to become unsafe or to be in disrepair, the Town Manager or designees shall notify the owner, in writing, that the owner shall have 30 days in which to correct the unsafe condition or place the property in good order and repair. In the event the property owner fails to correct the unsafe condition or fails to place the property in good order and repair within 30 days of the notice from the Town Manager or designee, or any extended time therefore allowed by the Town Manager or designee, the owner shall be liable for a fine in the amount of $100.00 per day for each day following expiration of the 30 day period, or the extended period, that the unsafe condition or disrepair continues.

SECTION 4

If a sidewalk becomes unsafe or is in a state of disrepair, the property owner shall promptly notify the Town, in writing, of the place and condition of the sidewalk.

SECTION 5

An unsafe sidewalk or a sidewalk in disrepair shall be deemed a public nuisance, and the Town shall have the right to bring an action in a court of competent jurisdiction against the owner for the abatement of the public nuisance and for all other equitable and legal relief.

SECTION 6

SIDEWALK REPLACEMENT PROGRAMS

Sidewalk replacement programs may change from time to time at the discretion of the Winamac Town Council. The replacement programs can be found as Addendum # 1to this ordinance.

SECTION 7

All sidewalks are to be constructed in compliance with Section 93.03, Construction of Streets, Sidewalks, and the like, of the Town of Winamac’s Code of Ordinances.

SECTION 8

EFFECTIVE DATE

This ordinance shall be in full force and effect from and after its passage and proper publication thereof.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA THIS __12th__ DAY OF NOVEMBER, 2002.

Kenneth McFarland, President

John Simmermaker

Jack Winters

Tom Murray

Mark Heal

ATTEST_______________________

Judy Heater Clerk/Treasurer

ADDENDUM #1

50-50 SIDEWALK REPLACEMENT PROGRAM

The entire length of the sidewalk must be replaced. Individual sections of sidewalk will not be eligible for replacement under this program.

If the sidewalk being replaced intersects another sidewalk or driveway that is shifted, raised, and/or sunk, you will be required to replace the minimum length required to meet ADA standards for slope, tripping hazards, and etc.

Jan. 31^st –Applications are due for sidewalk replacement. Applications will be taken on a first come, first serve basis, limited by program funding for the year. Should requests for all funding be made, sidewalks in the worst condition will be replaced first.

Feb. 15^th –Bids will be sent out.

March 10^th –Bids will be opened at regularly scheduled meeting.

April 22^nd –Money from residents is due to the Clerk-Treasurer’s Office payable to the Town of Winamac. Payments will not be accepted after April 22^nd. Non-payment will result in removal from the program for this year.

May 1^st to July 1^st will be the approximate construction period.

As this is the first year for this program, we do not have a previous contract price to use as a guide. It is expected the price will be around $6.00 per square foot. The actual contract price will be split equally between the homeowner and the Town of Winamac.

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