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Home My WebLink AboutA-34/96 SIDEWALK CONSTRUCTION f is \•i ORDINANCE NO. v`7=�"r A , AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, ! FLORIDA, REQUIRING ALL REAL ESTATE OWNERS IN THE CITY OF ZEPHYRHILLS, FLORIDA, TO f dam ' ' CONSTRUCT AND KEEP IN REPAIR,SIDEWALKS AND CURBINGS THE ENTIRE LENGTH OF RIGHT , OF WAY OR ABUTTING ON PUBLIC STREETS, AND ' FURTHER REQUIRING SAID' SIDEWALKS TO BE OF CERTAIN SPECIFICATIONS SET OUT IN THE PERMIT REQUIRED FROM THE CITY COUNCIL, AND PROVIDING THAT GRADE STAKES SHALL BE SET BY THE CITY, AND REQUIRING THE CITY TO PAY EXPENSE OF CHANGING GRADE OR SIDE WALKS HERETOFORE CONSTRUCTED WHERE SUCH CHANGE IS ORDERED BY THE CITY COUNCIL. PROVIDING FURTHER THAT THE CITY COUNCIL MAY REQUIRE SAID SIDEWALKS AND CURBINGS TO BE CONSTRUCTED WHERE NONE NOW EXIST, AND SPECIFYING THE TYPE OF NOTICE TO BE GIVEN TO PROPERTY OWNERS, AND PROVIDING THAT THE CITY SHALL UNDERTAKE SUCH CON- STRUCTION UPON FAILURE OF OWNER TO COM- PLY WITH SAID NOTICE, AND PROVIDING FOR ASSESSMENT AGAINST THE ';PROPERTY FOR COST OF SAID CONSTRUCTION. PROVIDING FURTHER THAT PROPERTY OWNERS SHALL BE GIVEN CERTAIN NOTICE TO REPAIR SAID SIDEWALKS, AND THAT FAILURE TO DO SO WILL RESULT IN THE COST THEREOF BEING ASSESSED 'AGAINST THE PROPERTY, AND PROVIDING THE PENALTY FOR VIOLATION THEREOF. BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA. Section 1. That all owners of real estate in the City of Zephyrhills, Florida, are hereby required to construct and keep in repair sidewalks of standard material and standard requirements hereinafter set forth along the entire length of such right of way fronting or abutting on any of the public streets of the City of Zephyrhills , Florida, said sidewalks and curbing to sidewalks to be of the size, width, dimensions, mate ial, and character as shall be stated in the permit hereinafter re- quired, to be obtained from the City Council, and in accordance with the grade and lines established by the City Council, or by a committee authorized by the City Council. Section 2. Before any sidewalks or curbing to side- walks are constructed, the property owner shall make applica- tion to the City Council for a permit to construct sidewalk or curbing to sidewalk, setting forth the location, character of and materials to be used. If the City Council approves said application, a permit to proceed with the construction of side- walks and curbing to sidewalks shall be granted by the City Council, which said permit shall setforth the width of side- walk and depth of the curb , and the property owner may proceed to construct the sidewalk or curbing, or sidewalk and curbing in accordance with the terms of the permit granted, but no sidewalk or curbing shall be constructed in accordance with the terms •hereof. Section 3. The said sidewalks constructed in Zephyr- hills , Florida, shall be constructed of the following material and such material only, to-wit: Concrete; and concrete is hereby designated as standard material for the construction of sidewalks. The specifications for construction of sidewalks shall be as follows : The first layer shall not be less than two and one- half inches (22") in thickness and shall be composed of one part in volume of cement and two parts in volume of good clean sharp sand and four parts in volume of clean broken rock -w the rock to be broken in a maximum size of three`finches ( ) . Upon this layer there shall be a wearing surface of at least one inch (1") in thickness !,composed of one part in volume of the best cement, and two parts in volume of sharp sand, which said wearing surface shall be put on before the first layer is dry, and all sidewalks constructed shall be i° q feet ( ') in width in the residential sections and eight feet (8 ' ) in width in the business sections of the City. Section 4. The curb to, sidewalks shall be of stone or concrete, and such material only is hereby designated as . standard material for construction of curb to sidewalks. If curb material be stone block, the same shall be . six inches (6") wide, if concrete, the same shall be six inches (6" ) wide, built in forms of material herin designated as standard material. The depth of curbing shall be determined by the City Council. or by a committee of the Council designated by the Council for that purpose. ` I Section 5. It shall be the duty of the City Council to set grade stakes wherever needed, and on request of every property owner desiring to construct sidewalks where grade stak s are not set. Section 6. In cases where sidewalks or curbing have been already constructed in conformity with the terms of this ordinance, should the City Council determine to change the grad , the sidewalks and curbing in front of such premises , where such grades are changed, shall be made and put in at the expense of the city. Section 7. The City Council shall, in its discretion, lay off a certain street or streets , and require the constructed of sidewalks thereon, giving the owners of the lots fronting or facing the said street or streets thirty (30) days ' to construct sidewalks and curbing to sidewalks , and upon failure of property owners to construct curbings and sidewalks within sixty (60) days after receipt of said notice; proceed with the construc- tion of sidewalks or curbings andlassess the cost of construc- ting said sidewalks and curbings against said property. Section 8. That the notices herein provided to be given property owners shall be served on said property owner in person if he be a resident, and if he be a non-resident the otice herein provided shall be sent to such non-resident owner y registered mail, directed to his last known address. If he owner of the property in front ofwhich a sidewalk is to be constructed in accordance with the terms hereof be unknown hen, in that event, a notice shall be published in a newspaper published in Zephyrhills , Florida, in which published notice a full description of such property of such unknown owner shall be given, which said notice shall be published once a week for four (4) consecutive weeks in the newspaper closest to Zephyr- hills having a general circulation in Pasco County. Proof of ublication of such notice as aforesaid shall be deemed suffi- ient notice to such owner. In lieu of such publication, notice shall be posted in three (3) conspicuous places in the City of Zephyrhills, one of which shall be at the front door of the City Hall, and proof of such posting shall be an affida- vit by the person or persons posting the same. Section 9. The cost of construction thereof shall be by the City Council assessed against the property of the own r failing or refusing to construct the sidewalks or curbing to sidewalks in the manner herein provided. Section 10. Said cost to be a lien against said property, and shall be collected as other taxes are collected. Section 11. When any sidewalk or curbing to side- walks in the City of Zephyrhills shall be in need of repairs it shall be the duty of the owner along whose property the said sidewalk or curbing extends to repair the same putting it in as good condition as when built, and upon the refusal or failur of such owner to repair such sidewalks or curbing , the City Council shall give such owner ten (10) days notice to repair such sidewalk or curbing, and upon failure of the property owner to repair such sidewalks and curbings within thirty (30) days after receipt of said notice, then the City Council shall have said necessary repairs made to such sidewalks and curbings and assess the costs thereof and such assessment shall be a lien against the said property and shall be collected as other real property taxes are collected. Section 12. That should any property owner violate the provisions of Section 1, Section 2, Section 3 , or Section 4 above by persisting in the construction of sidewalks or curbing to sidewalks without obtaining the required permit , or shall persist in constructing a sidewalk or curbing in violation of the provisions and specifications herein stated, or refuse to conform to the standard requirements , grades, and lines established by the City Council, after notice from the City Council that said construction is not of standard requirements, they shall be deemed guilty of misdemeanor , and upon conviction fb thereof shall be fined not exceed One Hundred Dollars ($100.00) be imprisoned for a period not exceeding thirty (30) days , or both such fine and imprisonment at the discretion of the Muni- cipal Judge. Section 13.. All ordinances or parts of ordinanc s in conflict herewith are hereby repealed to the extent of such conflict. Section 14. If any part of this ordinance shall by an Court of competent jurisdiction, be held to be unconsti- tutional, such ruling shall not effect the validity of the remainder of this ordinance. Section 15. Thislordinance shall become effecti e in the manner as provided by theCity Charter of the City of Zephyrhills, Florida. III " I III � Il