It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the city administrator, or his or her designee and a permit issued for such work by the city clerk.

(Code 2007)

Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the 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. If the grade has been established, the city clerk 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 2007)

Hereafter all sidewalks shall be of single- course construction and shall be constructed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article.

(Code 2007)

When a petition signed by no fewer than 10 citizens owning real estate in the city requesting construction of a sidewalk 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; Code 2007)

When any sidewalk, in the opinion of the governing body, become 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 2007)

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 30 days nor more than 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 or her 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 2007)

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 or her own expense and in accordance with official plans and specifications for the purpose and which meet 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 by the governing body. If such property owner desires the sidewalk to be constructed and reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body. 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 2007)

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 days’ notice to the owner or his or her agent, if known, of the necessity for making repairs or 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; Code 2007)

In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-106 hereof, 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 $1,000 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished.

(Code 2007)

(a)   It is unlawful for any person, firm or corporation or other entities, to leave or allow to be left any implements, tools, boxes, merchandise, goods, trash, cans, crates, hamburger and lunch stands, advertising showcases, chairs, tables or other articles on any of the sidewalks, parking ways, any other public ways or streets of this city longer than is necessary for loading or unloading the same; provided that the provisions of this section shall not apply if special permission for any of the above stated activities has been granted by the Board of Commissioners.

(b)   Any business owner or business operator located within the downtown area of Hiawatha wishing to place objects as enumerated in Section A above on the sidewalks of the City of Hiawatha, Kansas, shall obtain a permit for one year from the City of Hiawatha, Kansas, by making application at City Hall and by signing a release of liability form releasing the City of Hiawatha, Kansas, from all liability for placing said objects upon the sidewalk. Application forms and liability releases will be available at City Hall. Businesses, after receiving said permit from the city to place objects upon said sidewalks shall conform to the guidelines set forth below:

Guidelines for placing structures or displays on sidewalks in the downtown area of Hiawatha, Kansas:

(1)   A clear walking path of 72 inches in width must be maintained at all times.

(2)   Merchandise and/or fixtures located adjacent to the building must not protrude more than five feet beyond the structure and shall not, in any way, restrict the entrance to, or egress from said building.

(3)   Store front owners, tenants or agents shall not in any way rent, lease, divide or subdivide space in front of any store front building.

(4)   All items placed at the curb must allow for vehicle parking.

(5)   All items in these allowed areas are the total responsibility and liability of the business owners or business operators.

(6)   ADA requirements must be followed.

(7)   Items must sit flush, level and stable on the sidewalk.

(8)   Items shall not have protruding attachments that could cause a trip hazard.

(9)   When the store is not open for business or at night the items placed on the sidewalk will be removed. This requirement shall not be applied to vending machines, heavy benches, refuse collection containers, or flower boxes intended for permanent outside use.

Any business which does not follow these guidelines after the permit has been granted shall be in violation of this article and it shall be required to conform with said guidelines upon notification of violation or be subject to the general penalties of the city ordinances of the City of Hiawatha, Kansas, or subject to having their permit revoked or both such actions.

(c)   It is unlawful for any person to be a member of a crowd or collection of persons who stand upon any sidewalk or street crossing in the City so as to prevent, interrupt or obstruct the travel and free passage over the same by the public. Exceptions to this statement shall be granted for person attending special events or sales or parades within the downtown area which have been approved and authorized by the Board of Commissioners.

(Ord. 917; Sec. 1; Code 2007)

(a)   When a water line or sewer line shall be replaced or repaired in the City of Hiawatha which is under a sidewalk, street or alley it shall be the responsibility of the property owner and contractor to have the sidewalk(s) curbing, street or alley repaired in the manner in which it was before the repairs or replacement were begun on the water line or sewer line.

(1)   It shall also be the responsibility of the property owner and contractor to make sure an alley way, sidewalk or street that has been dug into is maintained from sinking or caving in up to one (1) year after the water line or sewer line has been replaced or repaired.

(2)   After the passage and publication of the ordinance codified by this section, the property owner or contractor shall procure a permit from City of Hiawatha before repairs or replacement of the water lines or sewer lines begin, unless an emergency exists and the same must be replaced at night or on the weekend, then permit will be obtained the next business day.

(3)   It shall be the responsibility of the licensed plumbing contractor to install the sewer connection over any openings they may cut or that currently exist into the sewer line to connect a sewer line.

(4)   All excavations shall follow O.S.H.A Excavation Standards 29 CFR Subpart P 1926.650.

(5)   Restoration of the excavation under sidewalk, street or alley shall be returned to its original condition prior to when the excavation began within 30 days after the completion of the repair of water line or sewer line.

(6)   If the excavation site is not returned to its original condition the City of Hiawatha will revoke the contractor’s license until the repairs are complete.

(b)   License suspension or excavation site violation of this section is pursuant to Chapter 4, Building and Construction, Article 4 Plumbing and Gas Fittings 4-426:427 and also any violation of this section shall be punished upon conviction in the City Court of a fine of not less than $100 or more than $500.

(Ord. 1007; Code 2022)