HomeMy WebLinkAboutCHAPTER 72 CHAPTER 72. MAINTENANCE AND REPAIR OF SIDEWALKS
Updated 2014 72-1
72. MAINTENANCE AND REPAIR OF SIDEWALKS
72.01. Definitions. The term "current service" as used in this chapter means one or
more of the following: snow, ice, or rubbish removal from sidewalks; repair of sidewalks; or
cutting and removal of weeds and grass.
72.02. Responsibility and Penalties. Subdivision 1. All snow, ice, dirt and
rubbish remaining on a public sidewalk more than 24 hours after its deposit thereon is
a public nuisance. The owner and the occupant of any property adjacent to a public
sidewalk shall use due diligence to keep such walk safe for pedestrians. No such
owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer
than 24 hours after its deposit thereon.
Subd. 2. Any person violating this section shall be issued an administrative
citation under chapter 5.
Subd. 3. The administrative civil fine provided in this section is in addition
to the cost recovery provisions in sections 72.10 and 72.11.
(3902, 1/5/09; 4046, 1/4/12)
72.03. Removal by City Engineer. The city engineer may remove from all public
sidewalks all snow, ice, dirt, and rubbish beginning 24 hours after any such matter has been
deposited thereon or after the snow has ceased to fall. The city engineer shall keep a record
showing the cost of such removal adjacent to each separate lot and parcel and shall deliver
such information to the city clerk.
72.04. Owner to Repair Sidewalks. The owners of any property within the city abutting
a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be
made in accordance with the permit requirements of Chapter 70 and the standard
specifications approved by the council and on file in the office of the city clerk.
72.05. Inspections by City Engineer. The city engineer 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 city engineer finds that any sidewalk abutting on private property is unsafe
and in need of repairs, the city engineer shall physically mark the portion or portions of
sidewalk that need 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
owner’s responsibility to repair the marked sidewalk panels and shall order the owner to
respond in writing to the city engineer within 30 days their intended option for repair of the
CHAPTER 72. MAINTENANCE AND REPAIR OF SIDEWALKS
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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 city engineer within the 30
days or fails to make the needed repairs within the time given, the city engineer will do so on
behalf of the city at owner’s expense. Finally, the notice shall state that the cost of any
sidewalk repair work performed by the city shall be billed to owner and shall be made a
special assessment against the property benefited thereby if not paid by owner.
(3871, 6/2/08)
72.06. Repair by City Engineer. If the property owner fails to respond to the city
engineer within the 30 days or fails to make the needed repairs within 60 days from the date
on the notice, the city engineer 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.
(3871, 6/2/08)
72.07. Section Repealed by Ordinance #3339 6/20/00
72.08. Section Repealed by Ordinance #3339 6/20
72.09. Section Repealed by Ordinance #3339 6/20
72.10. Owner Liability for Cost. The owner of property on which or adjacent
to which a current service has been performed shall be personally liable for the greater
of the actual cost of such service or such other service charge that the council may
approve from time to time by resolution. As soon as the service has been completed
and the cost determined by the city clerk with the assistance of appropriate city staff, a
bill shall be prepared and mailed to the owner and thereupon the amount shall be
immediately due and payable at the office of the city clerk. (3952, 1/20/10)
72.11. Assessment or Certification of Cost. From time to time the city clerk
shall list the total unpaid charges for each type of current service against each
separate lot or parcel to which they are attributable under this chapter. The council
may then spread the charges against property benefited as a special assessment
under Minnesota Statutes, section 429.101 or certify unpaid charges to the county
auditor for collection with the following year along with current taxes as otherwise
provided for by state law or the charter. When unpaid charges are certified to the
auditor for collection with taxes, the Council may use the notice, hearing and appeal
provisions provided by Minnesota Statutes, chapter 429. In any appeal of unpaid
charges certified to the auditor for collection with taxes, the sole issue to be determined
by the court is the reasonableness of the charges. (3995, 11/15/10)
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(1133, 3/7/62; 1770, 7/1/74; 3293, 11/16/99; 33275/2/00; 3339, 6/20/00; 3871, 6/2/08; 3902,
1/5/09; 3952, 1/20/10; 3995, 11/15/10; 4046, 1/4/12)