CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 2. Sidewalks

Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the mayor and council 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 for a permit before commencing the work. If the grade has been established, the city superintendent 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; Code 2005, 5-400s; Code 2020)

Hereafter all sidewalks shall be of a single course concrete construction and shall be constructed a minimum of thee and one half inches (31/2) thick and a minimum of three (3) feet wide. Any sidewalk being constructed or reconstructed shall be located as directed by the city superintendent in relation to the street easement and positioning of adjoining sidewalk or sidewalks. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article.

(K.S.A. 12-1802; Code 2005, 5-400s; Code 2020)

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 at its discretion, by a resolution, order such sidewalk constructed herein provided.

(K.S.A. 12-1803; Code 2005, 5-400s; Code 2020)

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; Code 2005, 5-400s; Code 2020)

The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, 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; Code 2005, 5-400s; Code 2020)

Nothing in this article shall be construed to prohibit the owner of property abutting 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 an assessment levied as provided by law in other cases, he or she 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; Code 2005, 5-400s; Code 2020)

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 or her 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. Repairs may be made by force account or by contract and an account of the cost thereof shall be kept and reported to the governing body. The city shall by ordinance levy a special assessment against the lot or piece of land abutting on the sidewalk so repaired for the cost of repairs, and if the abutting property owner does not pay the assessment within thirty (30) days, upon the clerk mailing to the owner or his or her agent, if known, a printed or written notice of amount of such repairs, the full amount shall be certified by the city clerk to the county clerk to be put on the tax rolls for the collection like other taxes. The temporary financing of repairs may be borne by the city out of the fund for maintaining streets or out of the general fund or general improvement fund.

(K.S.A. 12-1808; Code 2005, 5-400s; Code 2020)