CHAPTER 08 Title 8 Maintenance and Construction of Sidewalks and Curbs
CHAPTER 8
MAINTENANCE AND CONSTRUCTION
OF SIDEWALKS AND CURBS
SECTION:
8-8-1: Duty of Property Owners
8-8-2: Order for Construction or Maintenance
8-8-3: Special Assessment
8-8-4: Construction Specifications
8-8-5: Permit for Trap Doors
8-8-6: Openings in Sidewalks
8-8-7: Coverings Upon Sidewalks
8-8-8: Penalty
8-8-1: DUTY OF PROPERTY OWNERS: Any person who owns real property within the
City shall be responsible for all maintenance and construction of sidewalks and curbs adjacent
to said property.
A. The property owner or their designee shall remove any snow, ice, or other unsafe
condition upon any sidewalk, curb, and gutter abutting his or her property within 72
hours of occurrence or notice thereof.
Any violation of the provisions of this sub-section shall be deemed an infraction and
subject to section 1-4-2 of the Ammon City Code.
B. The property owner of real property within the city or their designee shall maintain and
replace any deteriorated sidewalk curb and gutter abutting his/her property within 30
days of order regarding construction or maintenance received from the city.
8-8-2: ORDER FOR CONSTRUCTION OR MAINTENANCE: The City may order any
person who fails to perform his or her duty under section 8-8-1-B, upon a finding that such
sidewalk, curb, and gutter have not been constructed or maintained in accordance with the
provisions of this chapter. Upon the issuance of such order, the City shall serve a notice
advising the owner of such property of such owner's violation of this chapter. Notice shall be
considered served when one or both of the following requirements are met:
A. The notice shall be served upon the owner by depositing the same into the United States
mail, certified mail, return receipt requested, postage prepaid, and addressed to the
owner at the last known address or address shown on the assessment rolls of
Bonneville County.
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B. If the owner is unknown or cannot be located notice shall be published for two (2)
consecutive issues in an official newspaper of the City. If the owner is unknown, said
publication shall designate the owner as “Unknown Owners” with the description of the
property to be proposed, together with a description of the character of the
improvement(s) required, and proof of any such publication shall be filed with the City
Clerk.
Such notice shall advise the owner that if the sidewalk and curb and gutter are not constructed
or maintained in accordance with the provisions of this chapter within thirty (30) days after the
date of such notice, the City Council may order that such work be accomplished, and the costs
thereof be assessed against the real property adjacent to such sidewalk and curb and gutter.
8-8-3: SPECIAL ASSESSMENT: In the event any property owner fails to install or
maintain the sidewalk and curb and gutter adjacent to the owner's property within thirty (30)
days after a notice is mailed to the owner in accordance with the preceding section, the City
Council may cause the work to be accomplished and charge the reasonable cost therefore
against the owner of such property. Upon completion of the work, the City Council shall send a
Notice of Assessment to the property owner advising the owner of the amount of the costs
incurred in performing such work and advising the owner that if such amount is not paid within
thirty (30) days after the date of such notice a special assessment will be made against such
property in the manner permitted by law, and that twenty-five percent (25%) of the amount
thereof will be added to such amounts as a penalty. Such notice shall be mailed to the property
owner in the manner set forth in the preceding section. In the event the property owner fails to
pay such amount prior to expiration of thirty (30) days from the date the notice was mailed, the
City Engineer shall certify to the City Council the amount of such costs incurred, and the Council
may then order the City Treasurer to cause a special assessment to be levied and assessed
against the property in the amount of such costs, together with the twenty-five percent (25%)
penalty, in the manner set forth in Idaho Code Section 50-1008.
8-8-4: CONSTRUCTION SPECIFICATIONS: The construction of all sidewalks, curbs,
and gutters shall be in accordance with the City Standard Drawings and Engineering
Specifications.
8-8-5: PERMIT FOR TRAP DOORS: It shall be unlawful to construct, maintain, or
operate any trap door, opening, grating, or other opening within or upon a public sidewalk,
without an approval in writing of the City Engineer or his/her designee.
Any violation of the provisions of this section shall be deemed an infraction and subject to
section 1-4-2 of the Ammon City Code.
8-8-6: OPENINGS IN SIDEWALKS: It shall be unlawful for any person to fail or neglect
to maintain any trap door, opening, or grating approved by the City Engineer, or to fail or neglect
to keep the same securely closed while any doors covering the same are not in use, or to take
all reasonable and necessary safety precautions to prevent harm and injury to person or
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property. All openings for elevators, coal chutes, or service entrances or openings of any kind
within a public sidewalk shall be constructed and installed in such manner as to prevent entry of
storm waters or floods from the street or sidewalk.
Any violation of the provisions of this section shall be deemed an infraction and subject to
section 1-4-2 of the Ammon City Code.
8-8-7: COVERINGS UPON SIDEWALKS: All sidewalk doors, coal chutes, and
coverings and supports therefore shall be made of steel or cast iron, shall be placed flush with
the sidewalk surface, shall have a corrugated surface or other finish that will prevent slippage
thereupon, and shall be so constructed as to support a load of not less than 200 pounds per
square foot.
8-8-8: PENALTY: Any violation of the provisions of this chapter shall be deemed an
infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of
this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the
violation shall be considered a separate offense and shall be punishable by separate fines as
provided for herein.
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