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Home My WebLink AboutCity of Tamarac Ordinance O-1974-0580 l CITY OF TAMARAC, FLORIDA ORDINANCE NO. —" AN ORDINANCE PROVIDING FOR CONSTRUCTION AND REPAIR OF SIDEWALKS; AMENDING ORDINANCE NO. 73-42, SITE PLANS, BY PROVIDING FOR SIDE- WALKS; AMENDING ORDINANCE NO. 71-23, SUBDI- VISION IMPROVEMENT REGULATIONS, BY PROVIDING FOR SIDEWALKS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVID- ING AN EFFECTIVE DATE. dti0 8 WHEREAS, the City Council of the City of Tamarac,.Florida has determined that sidewalks are needed within the City to protect the safety and welfare of pedestrians, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF • TAMARAC, FLORIDA: SECTION 1: Duty of owner of abutting property. a) It shall be the duty of each owner of abutting prop- erty to construct 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 when so directed by resolution of the City Council. b) Prior to approval of a site plan or subdivision improvement plan, the owner shall submit a sidewalk plan, showing the location and dimensions of all proposed sidewalks. The sidewalk plan shall, provide for construction of sidewalks in the street right-of-way, adjacent to all property which abuts a public street. In the event there is not sufficient room within the street right- of-way for construction of a sidewalk, the sidewalk shall be con- structed on the owner's property adjacent to public streets and the owner shall dedicate an appropriate easement to the public for sidewalk purposes. The sidewalk shall be constructed and maintained at the expense of the abutting property owner. • SECTION 2: Width, material, grade, method and manner. The width of each sidewalk, the material to be used in its construction, the grade thereof, and the method and manner of constructing, reconstructing and repairing the same shall be in accordance with the standards as set forth in Exhibit "A" attached hereto. SECTION 3: Chief Building Official and City Engineer to make survey and report needed sidewalks, . repairs to City Council. It shall be the duty of the Chief Building Official. and City Engineer to make a survey and report to the City Council all places and sites within the city wherein it is necessary or advis- able, by reason of any unsafe, unsanitary or dangerous condition affecting the public health, safety or general welfare of the city or its inhabitants or for any other reason, for -sidewalks to be constructed or reconstructed or repaired. SECTION 4: Approval of survey by City Council; notice to owner to construct, reconstruct and repair. Upon the approval by the City Council, of any such survey • and report, under the provisions of the preceding section, the City Council shall give or cause to be given written notice to the owner of the property abutting upon such sidewalk or proposed side- 0 walk, directing such property owner to construct, reconstruct, 0 maintain or repair, as the case may be, the sidewalk or proposed sidewalk in front of or abutting upon such property. SECTION S: 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 sixty (60) days after date of such notice complete, the construction, 101 CJ 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; 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 (2) consecutive weeks directing the owner to forthwith commence, and within sixty (60) 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; cost to be assessed against property; lien. In the event the abutting property owner shall fail or refuse to do and perform the construction, reconstruction or repair work on any sidewalk or proposed sidewalk within the time prescribed in the notice, under the provisions of Section S hereof, then and in that event, the City Council shall make or cause such work to be done and make the cost thereof a charge and lien against such prop- • erty of the same extent and character as the lien now granted or which may hereafter be granted to the city by law for special assess- ments for the cost of local improvements. • SECTION 7: Supervision by City Engineer. Prior to the construction, reconstruction or repair of any sidewalk, plans therefore shall be submitted to and approved by the City Engineer. The plans shall show the location, dimensions, materials to be used and grading for the proposed construction, re- construction or repair. The construction, reconstruction, mainten- ance and repair of all sidewalks shall be under the supervision of 0 the City Engineer. i- - SECTION 8: Sidewalks constructed or repaired contrary to Ordinance. Any sidewalk constructed contrary to the provisions of this Ordinance may be condemned by the Chief Building Official and ordered reconstructed or reformed as provided herein. SECTION 9: Violations by contractors and others. 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 Ordinance. SECTION 10: Penalty for violation. Whosoever shall violate the provisions of this Ordinance upon conviction thereof, shall be punished by fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the Municipal Judge. SECTION 11: Section 2 of City Ordinance No. 73-42 is amended to read as follows: That this Ordinance shall also establish additional standards for site plans required by the various zoning classifications, Beautification Ordinance No. 74-3, Off -Street Parking Ordinance No. 71-9, this Sidewalk Ordinance, the City's Thoroughfare Plan, the Area Planning Board's Traffic Ways Plan,and the County Engineers' Secondary Road Program. Each of the fore- going where applicable to a specific site plan shall be considered by the Chief Building Official, the City Planner, the City Engineer, the Planning and Zoning Commission, and the City Council in recommending, or approving a site plan. A proposed site plan, shall be further evaluated in terms of the traffic impact the proposed site plan will have in the immediate area. SECTION 12: Section 5 of City Ordinance No. 73-42 is amended by adding sub -paragraph P. thereto to read as follows: P. The location and dimension of all proposed sidewalks. SECTION 13: The subdivision improvement regulations established by City Ordinance No. 71-23 are amended by adding thereto Section IV -A to read as follows: SECTION IV -A - Sidewalks. Sidewalks shall be constructed in accordance with the standards set forth in Exhibit A attached hereto and in this Sidewalk Ordinance. r .> SECTION 16: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, as of the effective date of this Ordinance. SECTION 17: This Ordinance shall become effective immedi- ately upon its final passage. PASSED FIRST READING THIS 'D Y OF 1974. PASSED SECOND READING THIS;`. DAY OF -� , 1974. PASSED THIRD READING THIS DAY OF �� 1974. ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. C T ATTORNEY , " RECORD OF COUNCIL VOTE I M - D. J01MM C/W N. MMSMM C/M M. GLICKSMAN IP"tj cr C1 riDtxrpyy WILLIAMS. HATFIELD AND STONER, INC. CIVIL I=r1GINEERS AND LAND SURVEYOPS F7. LAUDF'Rr.'7ALE. FLORI V ?: Lt, F- r— z 0 to rL r 1 V z 0 in 0< x� ru in L�1 C] < La., rx O 0---.) 1 cv OF RA C 01012 LU t_u l� Z vY x U 0 LLJ 0 a < -J a Q. iL.1 w 0 E X a Sidewalks shall be constructed to a true line and grade from "transit mi,I concrete having a minimum 28 day co�;pr�ssive strength of 2,5U0 psi, lgetal or approved wood forms shall be used for ail concrete stork and all exposed surfaces shalt be rubbed while the concrete is green to produce a firrishecl surface smooth and even, free of form marks, voids and honey comb. FSnY irregularities greater that 1/4 inch, as determined by placing a id foot straightedge parallel with or a 1; foot straightedge long axis of the sidew0lk shall be cause for rejectionrPeof�rlthatlsectio�l,of sidewalk between type "A" joints. VAY4 eY to.r'1.,`1�BIi. "All