ARTICLE 1. SIDEWALKS
When the Mayor and Governing Body shall order a sidewalk constructed as hereafter provided, the City shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade, but before any such sidewalk shall be constructed, the persons proposing to do the same shall apply to the City Clerk for a permit before commencing the work. If the grade has been established, the Street Commissioner shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade.
(K.S.A. 12-1801, 12-1807; R.O. 1965, Sec. 11-101)
When a petition signed by not less than ten (10) citizens owning real estate in the City praying for the construction of a sidewalk or sidewalks is filed with the City Clerk, the Governing Body may in its discretion, by a resolution, order such sidewalk constructed as herein provided.
(K.S.A. 12-1803; R.O. 1965, Sec. 11-102)
When any sidewalk, in the opinion of the Governing Body, becomes inadequate or unsafe for travel thereon, the Governing Body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned.
(K.S.A. 12-1804; R.O. 1965, Sec. 11-103)
The resolution providing for the construction or reconstruction of a sidewalk, shall give the owner of the abutting property not less than thirty (30) days nor more than sixty (60) days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his own expense. If the sidewalk is not constructed by the property owner within the time specified, the Governing Body shall cause the work to be done by contract.
(K.S.A. 12-1805; R.O. 1965, Sec. 11-104)
Nothing in this shall be construed to prohibit the owner of property on a street, who desires to construct or reconstruct a sidewalk at his own expense and in accordance with official plans and specifications for the purpose and which meets such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the City, to construct or reconstruct a sidewalk without any petition or a condemning resolution adopted by the Governing Body: Provided, that if such property owner desires the sidewalk to be constructed or reconstructed by the City and an assessment levied as provided by laws in other cases, he shall file a request with the Governing Body, and the Governing Body, in its discretion may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the Governing Body.
(K.S.A. 12-1806; R.O. 1965, Sec. 11-105)
It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the City may, after giving five (5) days notice to the owner or his agent, if known, of the necessity for making repairs, and without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law.
(K.S.A. 12-1808; R.O. 1965, Sec. 11-106)
In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in Section 10-104 thereof, the Governing Body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the City, or laws of Kansas, and for all contracts exceeding One Thousand Dollars ($1000) entered into by the City for any such purpose the statutory lien bond required by K.S.A. 60-1111 shall be furnished.
(R.O. 1965, Sec. 11-107)
Any person violating any of the provisions of this Article shall, upon conviction thereof, be fined in any sum not exceeding Five Hundred Dollars ($500), or be imprisoned exceed thirty (30) days, or be both so fined.
(R.O. 1965, Sec. 11-108)