HomeMy WebLinkAboutOrdinance No. 4487 - Ordinance - Chapter 9-6 Related to Sidewalk and Repair Maintenance
ORDINANCE NO___________
AN ORDINANCE AMENDING SECTIONS 9-6-4, 9-6-5, AND 9-6-
6 OF CHAPTER 9-6 OF TITLE 9 OF THE ROCHESTER CODE OF
ORDINANCES RELATING TO SIDEWALK AND REPAIR
MAINTENANCE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Section 9-6-4 of Chapter 9-6 of the Rochester Code is hereby amended to
read as follows:
Sec. 9-6-4. Owner to repair sidewalk.Inspections by director of public works.
The director of public works or designee shall make such inspections as are
necessary to determine that public sidewalks within the city are kept in repair and safe for
pedestrians. If the director of public works or designee finds that any sidewalk abutting
on private property is unsafe and in need of repairs, the director of public works or
designee shall physically mark the portion of sidewalk that needs repair. and cause a
sidewalk repair notice to be served by United States Postal Service upon the record owner
of the property and the occupant if the owner does not reside within the city or cannot be
found therein. The notice shall advise the owner that it is the owner's responsibility to
repair the marked sidewalk panels and shall order the owner to respond in writing to the
director of public works or designee within 30 days stating their intended option for repair
of the marked sidewalk. If a property owner elects to undertake the sidewalk repair without
city involvement, the repairs must be completed within 60 days of the date contained in
the notice. The notice shall also state that if the owner fails to respond to the director of
public works or designee within the 30 days or fails to make the needed repairs within the
time given, the director of public works or designee will repair the sidewalk on behalf of
the city at the owner's expense. Finally, the notice shall state that the cost of any sidewalk
repair work performed by the city shall be billed to the owner and shall be made a special
assessment against the property benefited thereby if not paid by owner.
The owners of any property within the city abutting a public sidewalk shall keep the
sidewalk in repair and safe for pedestrians by Repairs shall be made in accordance with
the standard specifications approved by the council and on file in the office of the city
clerk.
Section 2. Section 9-6-5 Of Chapter 9-6 of the Rochester Code is hereby amended to
read as follows:
Sec. 9-6-5. Inspections by director of public works.Owner to maintain sidewalk
markings.
The owners of any property within the city abutting a public sidewalk shall keep the
sidewalk in repair and safe for pedestrians by maintaining sidewalk hazard markings
placed by the city until repairs are made under the sidewalk improvement district (Sec. 9-
6.1). Owners may elect to repair or replace sidewalk at owner expense using a licensed
contractor with a permit (Sec. 9-5). Repairs shall be made in accordance with the standard
specifications approved by the council and on file in the office of the city clerk.
The director of public works or designee shall make such inspections as are
necessary to determine that public sidewalks within the city are kept in repair and safe for
pedestrians. If the director of public works or designee finds that any sidewalk abutting
on private property is unsafe and in need of repairs, the director of public works or
designee shall physically mark the portion of sidewalk that needs repair. and cause a
sidewalk repair notice to be served by United States Postal Service upon the record owner
of the property and the occupant if the owner does not reside within the city or cannot be
found therein. The notice shall advise the owner that it is the owner's responsibility to
repair the marked sidewalk panels and shall order the owner to respond in writing to the
director of public works or designee within 30 days stating their intended option for repair
of the marked sidewalk. If a property owner elects to undertake the sidewalk repair without
city involvement, the repairs must be completed within 60 days of the date contained in
the notice. The notice shall also state that if the owner fails to respond to the director of
public works or designee within the 30 days or fails to make the needed repairs within the
time given, the director of public works or designee will repair the sidewalk on behalf of
the city at the owner's expense. Finally, the notice shall state that the cost of any sidewalk
repair work performed by the city shall be billed to the owner and shall be made a special
assessment against the property benefited thereby if not paid by owner.
Section 3. Section 9-6-6 of Chapter 9-6 of the Rochester Code is hereby amended to
read as follows:
Sec. 9-6-6. Repair by director of public works.
The director of public works or designee shall repair the sidewalk and make it safe
for pedestrians or order the work done by contract in accordance with law. When repairs
are performed on behalf of the city or under contract with the city on approved plans and
specifications, but outside the sidewalk improvement district program, the repairs will
occur according to the provisions in Sec. 9-6-7 and 9-6-8. Repairs performed under the
sidewalk improvement district program will follow the provisions in Chapter 9-6.1.
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If the property owner fails to respond to the director of public works or designee within
the 30 days or fails to make the needed repairs within 60 days from the date on the notice,
the director of public works or designee shall repair the sidewalk and make it safe for
pedestrians or order the work done by contract in accordance with law. The total cost of
the repair attributable to each lot or parcel of property shall be reported to the city clerk.
Section 4. This ordinance shall become effective on February 1, 2023.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/9-6SidewalkMntn2023.docx
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