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HomeMy WebLinkAboutO-1958-392-A i r ORDINANCE NO.3_ " AN ORDINANCE PERTAINING TO THE CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN THE CITY LIMITS OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THE DUTY OF THE OWNER OF PROPERTY TO CONSTRUCT SIDEWALKS WHEN DIRECTED BY RESOLUTION OF THE CITY COMMIS - SION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING FOR THE WIDTH, MATERIAL, GRADE, METHOD AND MANNER OF CONSTRUCTING SIDEWALKS; AND PROVIDING THAT THE CITY MANAGER OF THE CITY OF DANIA, FLORIDA: SHALL MAKE A SURVEY OF NEEDED SIDEWALKS AND SIDEWALK REPAIRS TO THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING A MEANS FOR THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, TO APPROVE SAID SURVEY AND TO GIVE NOTICE TO OWNERS TO CONSTRUCT, RE-CONSTRUCT AND REPAIR SIDEWALKS; AND PROVIDING INFORMATION TO BE SHOWN IN SAID NOTICE, THE MANNER OF NOTICE, AND WHEN NOTICE MAY BE HAD BY PUBLICATION; AND PROVID- ING THAT THE CITY MAY CONSTRUCT SIDEWALKS UPON THE FAILURE OF AN OWNER TO COMPLY WITH SAID NOTICE AND PROVIDING A MEANS FOR PAYMENT THEREOF; AND PRO- VIDING FOR SUPERVISION BY THE CITY FOR THE CONSTRUC- TION, RE-CONSTRUCTION, MAINTENANCE AND REPAIR OF SIDEWALKS; AND PROVIDING THAT SIDEWALKS CONSTRUCTED CONTRARY TO THE PROVISIONS OF THIS ORDINANCE MAY BE CONDEMNED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT IT SHALL BE UNLAW- FUL FOR CONTRACTORS TO CONSTRUCT SIDEWALKS IN VIO- LATION OF THE PROVISIONS OF THIS ORDINANCE; AND PRO- VIDING THE NECESSITY FOR OBTAINING A PERMIT TO REMOVE OR CUT SIDEWALKS OR CURBS; AND PROVIDING FOR THE MAINTENANCE OF BARRICADES AND WARNING SIGNALS WHEN CUTTING OR REMOVING ANY SIDEWALK OR CURB AND PRO- VIDING FOR THE RE-FILLING AND REPLACING OF PAVEMENT _ WHEN SIDEWALKS OR CURBS ARE CUT; AND PROVIDING THAT A BOND SHALL BE REQUIRED BY THE CITY BEFORE OPENING OR CUTTING ANY CURB OR SIDEWALK; AND PROVIDING FOR A PERMIT FEE BEFORE THE OPENING OR CUTTING OF ANY SIDEWALK; AND PROVIDING FOR THE AUTHORITY OF THE CHIEF BUILDING INSPECTOR OF THE CITY OF DANIA, FLORIDA, TO ENFORCE THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING THE DUTY OF OWNER OF PROPERTY ABUTTING PUBLIC STREETS OF THE CITY OF DANIA, FLORIDA, WHEN SUBSTANTIAL IMPROVEMENTS OR BUILDINGS ARE TO BE CON- STRUCTED ON SAID PROPERTY; AND PROVIDING THAT BUILD- ING PLANS SUBMITTED TO THE CITY OF DANIA, FLORIDA, FOR THE CONSTRUCTION OF BUILDING IMPROVEMENTS OR FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO EXISTING BUILDINGS ON PARCELS ABUTTING PUBLIC STREETS SHOW LOCATION OF SIDEWALKS; AND PROVIDING THAT BUILDING PERMITS NOT BE ISSUED UNLESS PLANS SHOW LOCATION OF SIDEWALKS AND UNLESS THE CITY MANAGER OF THE CITY OF DANIA, FLORIDA; APPROVES THE WIDTH, MATERIAL, GRADE, ETC. , OF PROPOSED SIDEWALKS WHERE APPLICATION IS II MADE FOR A PERMIT TO CONSTRUCT BUILDING IM- PROVEMENTS ON PARCELS ABUTTING PUBLIC STREETS OR WHERE APPLICATION IS MADE FOR A PERMIT TO CONSTRUCT SUBSTANTIAL ADDITIONS TO EXISTING BUILDINGS ON PARCELS ABUTTING PUBLIC STREETS: AND PROVIDING THAT NEW PLATS SUBDIVIDING OR RESUBDIVIDING LANDS MUST SHOW A PROVISION FOR SIDEWALKS, AND OWNERS MUST PAVE SIDEWALKS IN ACCORDANCE WITH RECOMMENDATIONS OF CITY PLANNING AND ZONING BOARD OF THE CITY OF DANIA, FLORIDA, AS APPROVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT THE CITY PLANNING AND ZONING BOARD MAY REQUIRE AN OWNER TO GIVE A GOOD AND SUFFICIENT BOND, THE CON- DITION OF WHICH IS THAT THE OWNER SHALL PAVE SIDE- WALKS ALONG PUBLIC STREETS IN ALL NEW PLATS SUB- DIVIDING OR RESUBDIVIDING LANDS SITUATE IN THE CITY OF DANIA, FLORIDA; AND PROVIDING A METHOD FOR EX- CEPTIONS OR VARIANCES TO THE PROVISIONS OF SECTIONS 16 THROUGH 19, INCLUSIVE, IF AN OWNER OF PROPERTY ABUTTING A PUBLIC STREET DESIRES TO OBTAIN A PER- MIT FOR THE CONSTRUCTION OF BUILDING IMPROVEMENTS THEREON OR FOR THE CONSTRUCTION OF SUBSTANTIAL IMPROVEMENTS TO EXISTING BUILDINGS OR IF A PERSON OR PERSONS DESIRES TO SUBDIVIDE LANDS WITHIN THE CITY LIMITS OF THE CITY OF DANIA, FLORIDA, AND IF SAID PERSON OR PERSONS OBJECT TO THE CONSTRUCTION OF SIDEWALKS BECAUSE OF THE LOCATION OR SIZE OF THE PROPERTY INVOLVED; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES OR RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; AND PRO- VIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMED- IATELY UPON ITS PASSAGE AND ADOPTION. WHEREAS, the Charter of the City of Dania, Florida, grants to the City of Dania, Florida, general powers permitting theCityio order the _. laying of sidewalks along any or all of the public streets of the City of Dania, Florida; and WHEREAS, the City Commission of the City of Dania, Florida, deems it for the best interests of the public health, safety and general welfare of the City of Dania, Florida, and for its inhabitants, to adopt an ordinance • requiring or permitting the City Commission of the City of Dania, Florida, to order the construction and repairing of sidewalks where needed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMIS- SION OF THE CITY OF DANIA, FLORIDA: -2- I i { 1 Section 1. Duty of owner of abutting property. It shall be the duty of each owner of abutting property to con- struct or reconstruct, and to maintain and keep in repair uniform and substantial sidewalks in front of or abutting upon each parcel of his property within the City limits of the City of Dania, Florida, when so directed by resolution of the City Commission of the City of Dania, Florida. Section 2, Width, material grade etc The width of each sidewalk, the material to be used in its con- struction, the grade thereof, and the method and manner of constructing, reconstructing and repairing the same shall be as prescribed and approved by the City of Dania, Florida. Section 3. City Manager of the City of Dania Florida to make survey and report needed sidewalks repairs etc to the City Commis- sion of the City of Dania Florida. It shall be the duty of the City Manager of the City of Dania, Florida, to make a survey and report to the City Commission of the City of Dania, Florida, all places and sites within the City of Dania, Florida, wherein it is necessary or advisable, by reason of any unsafe, unsanitary or dan- gerous condition affecting the public health, safety or general welfare of the City of Dania, Florida, or its inhabitants or for any other reason, for sidewalks to be constructed or reconstructed or repaired. Section 4. Approval of survey by City Commission of the City of Dania, Florida; notice to owner to construct reconstruct repair, etc Upon the approval by the City Commission of the City of Dania, Florida, of any such survey and report, under the provisions of the pre- ceding section, the City Commission of the City of Dania, Florida, shall give or cause to be given written notice to the owner of the property abutting � I -3- i i J upon such sidewalk or proposed sidewalk, directing such property owner to construct, reconstruct, maintain or repair, as the case may be, the sidewalk or proposed sidewalk in front of or abutting upon such property. Section 5. Information to be shown in notice- service- when notice to be published in newspaper. The notice required by section 4 hereof shall direct the abutting property owner to forthwith commence, and within thirty days after date of such notice complete, the construction, reconstruction or repair work. Such notice shall be mailed to the address of each such property owner, if the address be known to, or by reasonable diligence can be obtained by, the City Clerk and Auditor of the City of Dania, Florida; if the address be unknown or cannot be obtained by reasonable diligence, or if such notice be returned unclaimed, then a copy of such notice directed to the owner shall be published in a newspaper of general circulation in the county once each week for two consecutive weeks (two publications being sufficient) directing the owner to forthwith commence, and within thirty days after the last publication of such notice complete, the construction, reconstruction or repair work. Section 6. Failure of owner to cOmPly with notice-, work to be done by City of Dania Florida cost to be assessed against property; Iien. In the event the abutting property owner shall fail or refuse to do and perform the construction, reconstruction or repair work on any side- walk or proposed sidewalk within the time prescribed in the notice, under the provisions of section 4 hereof, then and in that event, the City Commis- sion of the City of Dania, Florida, shall make or cause such work to be done and make the cost thereof a charge and lien against such property of the same extent and character as the lien now granted or which may hereafter 3 � -4- i I 1 be granted to the City of Dania, Florida, by law for special assessments for the cost of local improvements. Section 7. Supervision by the City of Dania, Florida. The construction, reconstruction, maintenance and repair of all sidewalks within the corporate limits of the City of Dania, Florida, shall be under the supervision of the City of Dania, Florida. Section 8. Sidewalks constructed or repaired contrary to article Any sidewalk constructed contrary to the provisions of this article may be condemned by the City Commission of the City of Dania, Florida, and ordered reconstructed or reformed as provided herein. Section 9. Contractors,-etc. , violating articles. It shall be unlawful for any contractor, builder or any other person to construct, reconstruct, or repair any sidewalk contrary to or to violate any other provisions of this article. Section 10. Cutting or removing sidewalks or curbs—Permit required. It shall be unlawful for any person to cut away or remove any curb or sidewalk, or any part thereof, in the City of Dania, Florida, without and until a permit shall have been granted by the City of Dania, Florida, therefor. Section 11. Same—Maintenance of barricades and warning signals. Any person cutting or removing any sidewalk or curb in the City of Dania, Florida, shall protect such openings by means of proper barri- cades and lights and maintain the same during the period of the construc- • tion work. Any opening found not properly protected shall immediately be closed by the City of Dania, Florida, and the cost thereof charged against the owner_of the abutting property. f { i -5 I I Section 12. Same--Refilling opening and replacing pavement After the opening or cut has been made the person receiving the permit shall refill the same and shall repave the filled opening with the same type of material as the surrounding surface or the same type of material as cut or excavated. Such work of refilling and repaving shall be done in such manner as shall be prescribed by the City Building Inspector of the City of Dania, Florida, and, upon failure to do so, the City of Dania, Florida, may cause such work to be done and the cost thereof shall be charged against the owner of the abutting property. Section 13. Same— Bond required. Before any permit shall be granted for the opening of or cutting of any curb or sidewalk in the City of Dania, Florida, the person making application for such permit may be required by the City Building Inspector of the City of Dania, Florida, to deposit with the City of Dania, Florida, a cash bond in such sum as may be estimated by the City Building Inspector of the City of Dania, Florida, to insure the maintenance of lights and barricades during the period of construction work, the refilling of such opening and the repaving thereof, as is provided in this article. Section 14. game—Permit fee. Before any permit shall be granted for the opening of or cutting of any sidewalk or curb, or any part thereof, the sum of one dollar shall be paid by the applicant to the City of Dania, Florida, to cover the cost of inspection. Section 15. Enforcement of article; authority of City Building Inspector of the City of Dania Florida The City Manager of the City of Dania, Florida, is hereby author- ized, directed and delegated to enforce the provisions of this article and all applications for such permits as provided in section 13 hereof shall be made I -6- I i i to the Building Inspector of the City of Dania, Florida, and he shall have the authority to grant the same in conformity with the provisions of this article. Section A. Duty of owner of property abutting public streets of the City of Dania Florida when substantial improvements or buildings are to be constructed on said pr22erty. Notwithstanding earlier sections of this ordinance, it shall be the duty of each owner of property abutting the public streets of the City of Dania, Florida, to construct and maintain and keep in repair uniform and substantial sidewalks in front of or abutting public streets when said owner builds or constructs substantial building improvements upon said property, or when a property owner constructs substantial additions ., to existing buildings on said property abutting public streets of the City of Dania, Florida. Section 17. Requirement that building plan�bmitted to the City of Dania Florida for the construction of building improvements or for the construction of substantial additions to existing buildings on parcels abutting public streets show location of sidewalks. Plans submitted to the City of Dania, Florida, in connection with the application for a building permit for the construction of building improve- ments or substantial improvements to existing buildings upon any parcel of land abutting a public street within the City of Dania, Florida, shall show and provide for the construction of sidewalks and shall show the location of said sidewalks. Section 18. Building permit not to be issued unless plans show I location of sidewalks and unless the City Manager of the City of Dania j Florida apRroves the width material rade etc, of 2roposed sidewalks j f -7- I i 1 - Iwhere application is made for a permit to construct building improvements on parcels abutting public streets of the City of Dania Florida or where application is made for a permit to construct substantial additions to existing buildings on parcels abutting public streets of the City of Dania, Florida. Where application is made for a permit to construct building Improvements or to construct substantial improvements to existing build- ings on parcels abutting public streets within the City of Dania, Florida, no permit shall be issued unless said plans show the proposed location of sidewalks and unless the City Manager of the City of Dania, Florida, first approves the width, material, grade, etc. Section 19. New j2lats subdividing or resubdividing lands must show a provision for sidewalks and owners must pave sidewalks in accordance with recommendations of theCity Planning and Zoning Board as approved hZ the City Commission of the City of Dania Florida All new plats subdividing or resubdividing lands situate in the City of Dania, Florida, must contain adequate provisions for sidewalks along public streets, and the owners of lands being subdivided or resubdivided in the City x' of Dania, Florida, must agree as a condition precedent to obtaining approval of said plats to abide by the recommendations of the City Planning and Zoning Board as approved by the City Commission of the City of Dania, Florida, con- cerning making adequate provisions for sidewalks and on new plats subdividing or resubdividing lands situate in the City of Dania, Florida. Section 20. Providing that the City Planning and Zoning Board of the City of Dania Florida, may require an owner to give a good and sufficient bond the condition of which is that the owner shall Pave sidewalks along Public streets in all new plats subdividing or resubdividing lands situate in the City of Dania, Florida. The City Planning and Zoning Board of the City of Dania, Florida, may require as a condition precedent to its giving approval to all new plats subdividing F or resubdividing lands situate in the City of Dania, Florida, that the owner of the lands being subdivided must give a good and sufficient bond to the City of Dania, Florida, conditioned that the owner shall cause sidewalks to be constructed along public streets on the lands being subdivided or resubdivided. J4 `L etr&+-LA 141� Section 21. Providincr a met od for excebt ons or variances to the provisions of Sections 16 through 19 inclusive. If an owner of property abutting a public street in the City of Dania, Florida, desires to obtain a permit for the construction of building improve- ments thereon or for the construction of substantial improvements to exist- ing buildings or if a person or persons desire to subdivide lands within the City of Dania, Florida, and if said person or persons objects to the ..,IN construction of sidewalks because of the location or size of the property involved, said class of persons shall have the right and privilege of making application for an exception or variance permit to the City Planning and Zoning Board of the City of Dania, Florida, and the City Commission of the City of Dania, Florida, shall have the right to waive the construction of sidewalks in said situations if the City Planning and Zoning Board of the City of Dania, Florida, recommends that sidewalks are not required for the i public health, safety and welfare, and if the City Commission of the City of Dania, Florida, accepts the recommendations of the City Planning and Zoning Board of the City of Dania, Florida. Section 22. All ordinances and parts of ordinances or resolutions and parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 23. This ordinance shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED on First Reading this day of A. D. 1958. I J 1 I PASSED AND ADOPTED on Second Reading this day of A. D. 1958. (� PASSED AND ADOPTED on Third Reading this _ day of A. D. 1958. Mayor - Con#nIssioner Attest: City CI rk_ and Auditor i I i i i I j i I � i