Chapter 14.32 SIDEWALK USE AND MAINTENANCE

14.32.010 Duty of abutting property owners.

14.32.020 Inspections.

14.32.030 Notice to repair.

14.32.040 Permits for repairs required when.

14.32.050 Repair by county--Lien.

14.32.060 Right of review--Request--Hearing.

14.32.070 Stay of notice to repair.

14.32.080 Obstruction of sidewalks or curb ramps prohibited.

14.32.090 Sweeping sidewalks and curb ramps in front of businesses required.

14.32.100 Snow removal--Required.

14.32.110 Snow removal--Clogging gutter prohibited.

14.32.120 Obstructing sidewalk or curb ramp while receiving goods.

14.32.130 Cellar doors.

14.32.140 Driving or riding on sidewalks prohibited.

14.32.150 Games on sidewalks, curb ramps or streets.

14.32.160 Loitering prohibited.


14.32.010 Duty of abutting property owners.

It shall be the duty of each owner of real property abutting or fronting upon any street, highway or alley within the unincorporated area of the county, to repair and maintain in good condition all public curbs, curb ramps, gutters and sidewalks across or immediately abutting their property. (Ord. 1265 § 11, 1994: Prior code § 10-12-11)

14.32.020 Inspections.

The county, through the department of public works, may inspect the condition of the public curbs, gutters and sidewalks to determine any defects or needed repairs. (Ord. 1265 § 12, 1994: prior code § 10-12-12)

14.32.030 Notice to repair.

Notice of needed repairs or defects in the public curbs, curb ramps, gutters and sidewalks shall be sent to the owner of the abutting property as shown on the records of the county recorder. Such notice shall specify the repairs needed or the defect and shall state a deadline for completing the repairs. A review of such deadline shall be not earlier than thirty nor later than sixty days from the date of the notice. The notice shall specifically instruct the property owner of his obligation under this chapter and of his opportunity for review. (Ord. 1265 § 13, 1994: prior code § 10-12-13)

14.32.040 Permits for repairs required when.

No permits shall be necessary for such repairs unless it is necessary to alter the grade, location or dimensions of the curbs, curb ramps, gutters or sidewalks. In such event, there shall be no charge for the permit. (Ord. 1265 § 14, 1994: prior code § 10-12-18)

14.32.050 Repair by county--Lien.

In the event that the property owner fails to complete the repairs or to seek review within the time specified in the notice, the county may make the repairs with the implied consent of the owner. The cost of such repairs shall constitute a lien against the real property. If such lien is not satisfied within sixty days after being filed, for record, the county may seek to foreclose the lien in the manner provided in Title 38 of the Utah Code Annotated (1953) for the enforcement of mechanic’s liens. ((Ord. 1265 § 15, 1994: prior code § 10-12-14)

14.32.060 Right of review--Request--Hearing.

A. The owner shall have the right to seek review of the notice of repairs through the department of public works and to appeal any decision rendered by the department of public works to the mayor as provided in subsections B and C of this section.

B. The owner may seek review of the notice of repairs by filing a request with the office of the director of public works. The request must be on file within ten business days from the date of the notice of repairs. Upon receipt of the petition requesting a hearing, the director shall schedule a hearing within ten business days, before himself or his designee, and cause notice to be sent to the petitioner.

C. After the hearing, the director or his designee, shall cause written notice of his decision to be sent to petitioner, which notice shall also inform petitioner of his right to appeal to the mayor. Petitioner may appeal to the mayor by filing written request with the clerk of the board within ten business days from the date of the director’s decision. Petitioner shall be entitled to a hearing before the mayor within sixty days from the date the appeal is filed. (Ord. 1473 (part), 2001: Prior code §§ 10-12-15 and 10-12-16)

14.32.070 Stay of notice to repair.

The timely filing of a request for hearing with the director of the department of public works, or upon appeal therefrom to the mayor shall stay the terms of the notice of repair during review proceedings, and all deadlines shall be redetermined by the hearing authority. (Ord. 1473 (part), 2001: Prior code § 10-12-17)

14.32.080 Obstruction of sidewalks or curb ramps prohibited.

It is unlawful for any person owning, occupying or having control of any premises, to place or permit upon the sidewalk, curb ramp or the half of the street next to such premises:

A. Any broken ware, glass, filth, rubbish, refuse matter, ice, water, mud, garbage, ashes, tin cans or other substances;

B. Any vehicle, lumber, wood, boxes, fencing, building material, dead trees, tree stumps, merchandise, or other thing that obstructs the public street, curb ramp or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the permission of the mayor. ((Ord. 1265 § 16, 1994: prior code § 10-12-1)

14.32.090 Sweeping sidewalks and curb ramps in front of businesses required.

It is unlawful for the owners or occupants of places of business within the county to fail to cause the sidewalk abutting thereon and any existing curb ramp to be swept or cleaned each morning before the hour of eight a.m. (Ord. 1265 § 17, 1994: prior code § 10-12-10)

14.32.100 Snow removal--Required.

It is unlawful for the owner, occupant, lessor or agent of property abutting on a paved sidewalk to fail to remove or cause to be removed from such paved sidewalk and any existing curb ramp all hail, snow or sleet falling thereon, within one hour after the hail, snow or sleet has ceased falling, provided that in case of a storm between the hours of five p.m. in the afternoon and six a.m. in the morning, the sidewalk and any existing curb ramp shall be cleaned before eight a.m. the morning following the storm. (Ord. 1265 § 18, 1994: prior code § 10-12-8)

14.32.110 Snow removal--Clogging gutter prohibited.

It is unlawful for any person removing snow from a sidewalk or curb ramp to deposit snow, dirt or other material in a gutter so as to clog the same, or prevent the free flow of water therein. (Ord. 1265 § 19, 1994: prior code § 10-12-9)

14.32.120 Obstructing sidewalk or curb ramp while receiving goods.

It is unlawful for any person to place or keep, or suffer to be placed or kept upon any sidewalk or curb ramp, any goods, wares or merchandise that he may be receiving or delivering without leaving a ten-foot passageway clear upon such sidewalk or curb ramp; and it is unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk or curb ramp for a period longer than one hour. (Ord. 1265 § 20, 1994: prior code § 10-12-4)

14.32.130 Cellar doors.

It is unlawful for the owner or occupant of any building having a cellar which opens upon any street, curb ramp or sidewalk to fail to keep the door or other covering thereof in good repair and safe for the passage of the customary traffic on the street, curb ramp or sidewalk. (Ord. 1265 § 21, 1994: prior code § 10-12-2)

14.32.140 Driving or riding on sidewalks prohibited.

It is unlawful for any person to drive a self-propelled vehicle or team, or lead, drive or ride any animal upon any sidewalk except at established crossings. (Prior code § 10-12-5)

14.32.150 Games on sidewalks, curb ramps or streets.

It is unlawful for any person to obstruct any sidewalk, curb ramp or street by playing games thereon, such as ballgames, quoits, marbles, jumping, rolling of hoops, flying of kites, or coasting, or to annoy or obstruct the free travel of any pedestrian, team or vehicle. (Ord. 1265 § 22, 1994: prior code § 10-12-6)

14.32.160 Loitering prohibited.

It is unlawful for any person to remain standing, lying or sitting on any sidewalk or curb ramp for a longer period than two minutes, in such manner as to obstruct the free passage of pedestrians thereon, or to wilfully remain standing, lying or sitting thereon in the manner for more than one minute after being requested to move by any police officer, or to wilfully remain on any sidewalk or curb ramp in such manner as to obstruct the free passage of any person or vehicle into or out of any property abutting upon the sidewalk, curb ramp or any property having access to such sidewalk or curb ramp. (Ord. 1265 § 23, 1994: prior code § 10-12-7)