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BULLET St. Louis City Revised Code Chapter 20.26 Construction, Repair and Maintenance of Sidewalks

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



DIVISION II. STREETS AND SIDEWALKS

Chapter 20.26
Construction, Repair and Maintenance of Sidewalks

Sections:

20.26.010 Repairs--Notice to owner.
20.26.020 Repairs--Failure of owner to show cause.
20.26.030 Repairs--Costs--Constitute lien.
20.26.040 Repairs--Costs--Computed and assessed as special tax.
20.26.050 Private construction.
20.26.060 Construction or reconstruction--Notice to owner.
20.26.070 Construction or reconstruction--Failure of owner to show cause.
20.26.080 Width requirements.
20.26.090 Cross slope.
20.26.100 Crosswalks.
20.26.110 Revolving fund for sidewalk repair--Created.
20.26.120 Revolving fund for sidewalk repair--Payment of special tax bill.
20.26.130 Revolving fund for sidewalk repair--Warrant by Comptroller.
20.26.140 Bond or Deposit required for issuance of building permit.
20.26.150 Building demolition.
20.26.160 Bonding persons doing concrete work for hire.
20.26.170 Penalty for violation of Section 20.26.160.
20.26.175 Bonding of persons doing asphalt paving work for hire in the public right-of-way.
20.26.180 Hazardous sidewalks--Notice to repair.
20.26.190 Hazardous sidewalks--Appeal--Time extension.
20.26.200 Hazardous sidewalks--Penalty for violation.
20.26.210 Tax bill for sidewalk repair--Issued when.
20.26.220 Curbs.
20.26.230 Contracts for repairs.
20.26.240 Sidewalks--Authority of Street Department to repair.
20.26.250 Notice to property owners.
20.26.260 Notice of costs to property owners.
20.26.270 Special tax lien.
20.26.280 Nonentitlement to credit or rebate.
20.26.290 Residential walks--Special revolving fund.

20.26.010 Repairs--Notice to owner.

Whenever any sidewalk or driveway or the covering over any areaway or vault in the sidewalk in any public highway shall need repair, the Director of Streets shall notify the owner of the property adjoining the sidewalk, or his agent, through the mail, to have the same repaired to the satisfaction of the Director of Streets within thirty days from the date of the notice, or to appear before the Board of Public Service on the day and hour specified in the notice. The time shall be the time of the first meeting of the Board after the expiration of the thirty-day period. The owner shall show cause why the Board should not have the sidewalk or driveway or the covering over any areaway or vault in the sidewalk repaired, and the cost thereof assessed as a tax against the property abutting the sidewalk area in which the work is done.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.020 Repairs--Failure of owner to show cause.

At the meeting of the Board of Public Service at which a hearing is held for the repair of a sidewalk or driveway or the covering over an areaway or vault, or within three days following the meeting, the Board shall make its decision regarding the repair. If, in the opinion of the Board, the owner or agent has failed to show cause why the repair should not be made, the Board shall authorize and instruct the Director of Streets to cause the repair to be done under his direction and to his satisfaction, and an accurate account kept of the cost of all labor, including supervision, and material entering into the work.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.030 Repairs--Costs--Constitute lien.

The expense incurred by the City for labor, including supervision, and materials employed in the repair of any sidewalk or driveway or the covering over any areaway or vault in the sidewalk in any public highway under authority of the Board of Public Service and Sections 20.26.010 and 20.26.020, shall be charged as a lien against the property adjoining the sidewalk area in which the work is done.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.040 Repairs--Costs--Computed and assessed as special tax.

Upon completion of the repair of any sidewalk or driveway or the covering over any areaway or vault in the sidewalk in any public highway by the Director of Streets, as authorized by the Board of Public Service under authority of Sections 20.26.010--20.26.030, the Director shall cause the total cost of the repair to be determined and certify the same to the Board of Public Service.

Upon the approval of the report by the Board, the report, with the approval of the Board endorsed thereon, shall be transmitted to the person designated by the Board to prepare special tax bills, who shall assess the same as a special tax against each lot of ground chargeable therewith, in the names of the owners thereof, respectively, and shall make out and certify to the Comptroller bills of the cost and assessments accordingly as required by law.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.050 Private construction.

No property owner, contractor or any other person shall construct, reconstruct or repair, or cause to be constructed, reconstructed or repaired, any sidewalk or driveway, or the covering over any areaway or vault in the sidewalk in any public highway in the City without having previously obtained written permission so to do from the Director of Streets.

The work shall be done in accordance with specifications approved by the Board of Public Service, and under the supervision and to the satisfaction of the Director of Streets or his duly authorized agent.

In case of failure on the part of the permittee to proceed in conformity with the specifications and directions, the Board of Public Service shall cause the walk to be removed or reconstructed in the manner provided for in Sections 20.26.010--20.26.040.

Whenever the Board of Aldermen shall direct, by ordinance, the improvement of a public street or avenue, the Board of Public Service shall, upon the application of the owner of any property fronting or bordering the improvement, grant permission to the owner to construct the sidewalk in front of the property. If the permit is for the construction of a sidewalk in front of a corner lot, the permit will be given on condition that the sidewalk be laid to the curb lines of the intersecting street. Without such permission no sidewalk shall be constructed.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.060 Construction or reconstruction--Notice to owner.

Whenever a sidewalk adjoining any property should be constructed or completely reconstructed, in the opinion of the Director of Streets, the Director shall notify the owner of the property adjoining the area on which the sidewalk should be constructed or completely reconstructed, or the agents of the owners, through the mail, to have the sidewalk constructed or completely reconstructed, in accordance with the specifications approved by the Board of Public Service, as provided in Section 20.26.050, within thirty days from the date of the notice, or to appear before the Board on the day and hour specified in the notice. The time shall be the first meeting of the Board after the expiration of the thirty-day period. The owner shall show cause why the Board should not cause the sidewalk to be constructed or completely reconstructed, and the cost thereof assessed as a special tax against the property adjoining the area on which the sidewalk is to be constructed or reconstructed.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.070 Construction or reconstruction--Failure of owner to show cause.

At the meeting of the Board of Public Service at which the hearing is held for the construction or reconstruction of a sidewalk, or within three days following such meeting, the Board shall make its decision regarding the construction or reconstruction. If, in the opinion of the Board, the owner or agent has failed to show cause why the sidewalk should not be constructed or reconstructed, the Board shall cause the sidewalk to be constructed or reconstructed, as the case may be, and cause special tax bills to be issued therefor, all as directed by the Charter for doing public work to be paid for by a special assessment.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.080 Width requirements.

Except in those cases where the width of sidewalks shall be fixed by order duly entered by the Board of Public Service, as hereinafter provided, the widths of all sidewalks in the City shall be as follows:

In all streets of thirty and under thirty-eight and one-half feet in width the sidewalks shall be five and one-half feet wide; those of thirty-eight and one-half and under forty feet in width shall have sidewalks six and one-half feet wide; those of forty and under fifty feet in width shall have sidewalks eight feet wide; those of fifty and under sixty feet in width shall have sidewalks ten feet wide; those of sixty and under seventy-five feet in width shall have sidewalks twelve feet wide; those of seventy-five and under eighty feet in width shall have sidewalks fourteen feet wide; those of eighty and under one hundred feet in width shall have sidewalks fifteen feet wide; those of one hundred feet and upwards shall have sidewalks twenty feet wide; provided, however, that the Board of Public Service may at any time, by order duly entered, fix the width of any sidewalk or sidewalks, in the City at variance with the widths above set out, whenever it may seem best to do so in the discretion of the Board.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.090 Cross slope.

No sidewalk shall be constructed, the cross grade of which or rise from the curbstone, shall be greater than one-quarter inch vertical rise to one foot horizontal distance except with the approval of the Board of Public Service. In each instance the cross grade shall slope toward the street and the curb line shall be maintained at its correct elevation above the City directrix which shall be determined from the construction of the particular street in question.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.100 Crosswalks.

The Board of Public Service shall grant any person permission to construct a crosswalk at his own expense at any point upon any street, avenue or highway when the crosswalk will not obstruct the public carriage way or inconvenience the public. The crosswalk shall be constructed of the kind of material and in the manner directed by the Board of Public Service.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.110 Revolving fund for sidewalk repair--Created.

There is created a revolving fund to expedite the repair of sidewalks and driveways and of the covering over of areaways and vaults in the sidewalks, in order to provide funds to carry out the provisions of Section 20.26.060, and the amount hereinafter appropriated, together with any money hereafter appropriated to the fund, shall be used to pay the cost of the repairs.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.120 Revolving fund for sidewalk repair--Payment of special tax bill.

Upon the payment of any special tax bill issued against private property for the cost of repairs made pursuant to Section 20.26.060, the cost of which repairs was paid out of the fund, the proceeds of the special tax bill shall be deposited to the credit of the fund and may be again used for the purposes for which the fund is created and in the same manner as money hereinafter appropriated.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.130 Revolving fund for sidewalk repair--Warrant by Comptroller.

The Comptroller is authorized and directed to draw his warrant upon the fund upon the written request of the Director of Streets.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.140 Bond or Deposit required for issuance of building permit.

No building permit or occupancy permit shall be issued by the Building Commissioner to erect, alter, add to, or use a structure for any purpose whatever prior to the placing on deposit with the Director of Streets a sum equal to, or a corporate surety bond of at least ten thousand dollars and equal to a sum equal to, the cost of erecting a new sidewalk and/or driveway where none is in existence or repairing an existing sidewalk and/or driveway.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.150 Building demolition.

Whenever any building or structure on any premises is wrecked, removed or demolished, in whole or in part, and the building or structure is served by a coal hole, cellar or basement door or passageway, water stopcock box, gas stopcock box, which is located within the public sidewalk area adjacent to the building or structure, and is abandoned, the owner, his agent, contractor or subcontractor engaged in the wrecking, demolition or removal of the building or structure shall at the time of the demolition, removal or wrecking remove or fill in with earth, sand or other similar material, properly tamped and compacted, the coal hole, the cellar or basement door or passageway, water stopcock box or gas stopcock box located within the public sidewalk or parkway and shall cause the surface of same to be paved with materials equal to the surface materials of the surrounding public sidewalk. The paving shall be at the established grade of the sidewalk and shall be level with the sidewalk surface adjoining the same.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.160 Bonding persons doing concrete work for hire.

Every person, firm, or corporation engaged in the business of doing concrete work for hire in the public sidewalk area shall give bond to the City in the sum of ten thousand ($10,000.00) dollars.

This bond shall be given prior to the issuance of any permits from the Department of Streets for sidewalk work.

The bond shall be approved by the Comptroller and shall be filed with the Register and conditioned that the party principal therein will faithfully observe all directions of the Director of Streets, or his agents, and also all City ordinances relating to construction. All concrete work must be done by the principal, or under the direction of the principal and executed in a workmanlike manner. The principal shall indemnify and save the City harmless from all accidents and damages caused by any negligence in protecting their work or by any unlawful or inadequate work done by themselves or their agents. The bond shall also be for the benefit of any person or persons injured, or whose property is injured, by the violation or neglect to observe the requirements of the Department of Streets. The bond shall be considered in effect until the City is notified, in writing, of cancellation by the bonding company. The indemnifying bond shall be written by a person, firm, or corporation authorized to do business in the state and shall be approved by the Comptroller.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.170 Penalty for violation of Section 20.26.160.

Any person, firm, or corporation who shall do any concrete work in the public sidewalk area without giving bond to the City as required by Section 20.26.160 shall be in violation of the provisions of Section 20.26.160, and upon the conviction of same shall be fined not less than fifty dollars, nor more than five hundred dollars for each offense, or by imprisonment for not more than ninety days, or by both fine and imprisonment. Each day's violation shall constitute a separate offense.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.175 Bonding of persons doing asphalt paving work for hire in the public right-of-way.

A. Every person, firm, or corporation engaged in the business of doing asphalt paving work for hire in the public right of way area shall give bond to the City in the sum of ten thousand dollars.

This bond shall be given prior to the issuance of any permits by the Department of Streets for right of way work.

Said bonds shall be approved by the Comptroller and shall be filed with the Register of the City and conditioned that the party principal therein will faithfully observe all directions of the Director of Streets, or his agents, and also all City ordinances relating to construction. All asphalt paving work must be done by the principal, or under the direction of such principal and executed in a workmanlike manner. That indemnify and save the City harmless from all accidents and damages caused by any negligence in protecting their work or by any unlawful or inadequate work done by themselves or their agents. Said bond shall also be for the benefit of any person or persons injured, of whose property is injured, by the violation or neglect to observe the requirements of the Department of Streets. Said bond shall be considered in effect until the City is notified, in writing, of cancellation by the bonding company. Such indemnifying bond shall be written by a person, firm, or corporation authorized to do business in the state and shall be approved by the Comptroller of the City.

B. Any person, firm, or corporation who shall do any asphalt paving work, for hire, in the public right-of-way without giving bond to the City as required by subsection (A) of this section shall be in violation of the provisions of subsection (A) of this section, and upon the conviction of same shall be fined not less than fifty dollars, nor more than five hundred dollars for each such offense, or by imprisonment. Each day's violation shall constitute a separate offense.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.180 Hazardous sidewalks--Notice to repair.

Whenever the Director of Streets, or his authorized representative shall be informed that any sidewalk lawfully used by the public in the City, is in a hazardous condition likely to cause bodily injury to persons using the same, he shall cause reasonable protective measures to be taken to guard the public and shall notify the owner through reasonable means of the situation and at such time command the owner to repair or replace the sidewalk within thirty days from the receipt of the notification or, if the City has a responsibility of correcting any condition contributing to the hazard, then within thirty days from the completion of the correction.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.190 Hazardous sidewalks--Appeal--Time extension.

Any owner of such a sidewalk may within the thirty days after receipt of the Director's notice or, completion of the corrective action by the City, appeal to the Board of Public Service the Director's determination of the hazardous condition of the sidewalk, or seek an extension of time for accomplishing the repair of the sidewalk, which may be granted by the Board if the sidewalk can be immediately and temporarily rendered safe for the public and the owner so alleviates the condition. While an appeal remains undetermined, the owner shall not be prosecuted and when the sidewalk condition is alleviated to the satisfaction of the Board and within the time granted by the Board, the owner shall not be prosecuted.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.200 Hazardous sidewalks--Penalty for violation.

If the owner shall fail to repair or replace a hazardous sidewalk, or portion thereof within thirty days after notification by the Director unless the time is extended as provided in Section 20.26.190, or shall fail to appeal as provided, or shall fail to repair or replace the sidewalk or portion thereof as may be ordered by the Board, providing that in the case of raised sidewalk blocks caused by tree roots raising the sidewalk blocks the City must first have taken all steps required by the Municipal Code for the correction thereof, he shall be deemed guilty of violation of Sections 20.26.180--20.26.200 and shall upon conviction be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars and each day that any violation shall continue shall constitute a separate offense.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.210 Tax bill for sidewalk repair--Issued when.

A. The Board of Public Service is hereby authorized to issue special tax bills for sidewalk repair on all public streets within the City where property owners have refused to accept the City's fifty percent sidewalk shared cost program. Said tax bills shall be in ten (10) equal annual payments due upon service of the notice of said tax bills.

B. The Director of Streets shall monthly forward to the Board of Public Service a list of locations where special tax bills should be issued. The Board of Public Service, as authorized by Article XXIII, shall prepare and issue said tax bills.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.220 Curbs.

No new or replacement curbing or new or replacement sidewalk within ten (10) feet of curbing at an intersection is to be constructed unless the curb and sidewalk configuration be constructed so as to provide a gradual slope to the level of the street from the grade of the sidewalk and provide an uninterrupted line of travel between pedestrian and motorized lines of travel, and at other points where necessary to avoid abrupt changes in grade. The Board of Public Service's standard specification for the construction of a handicap access ramp (wheelchair ramp) shall be used as the primary design pattern for the construction of the replacement sidewalk and curbing unless the existing configuration of curbing, sidewalk and other existing structures is such as to inhibit its implementation in which case, the Street Department and the Office of the Disabled shall prescribe standards of slope, gradient and slip resistant qualities to assure the sidewalk will accommodate a person in a wheelchair or other person with disabilities. These standards shall be included in the Revised Traffic Code.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.230 Contracts for repairs.

Provided an appropriation has been made to pay costs, the Board of Public Service is authorized to let and enter into annual contracts from the first day of July of every year for emergency work required for the maintenance and necessary repairs of sidewalks which require prompt attention, as determined by the Director of Streets. The emergency work and necessary repairs shall be done with materials similar to the existing sidewalks.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.240 Sidewalks--Authority of Street Department to repair.

A. The Street Department is hereby authorized to repair or have repaired sidewalks that abut property in zoning districts "A" through "G" or abuts property in any zoning district upon which is located a building designed for and used primarily for residential purposes which are in poor condition and need of repair as determined by the Director of Streets or the Director's designee and requiring that the property owners pay one-half of the total repair cost. This shall include sidewalks that are on a private street if such street is open to the general public.

B. Notwithstanding any provision of this section to the contrary, owners of residential and commercial property shall not be required to pay the repair cost of any portion of an abutting sidewalk which has been damaged by trees growing in the public easement immediately abutting to such sidewalk.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.250 Notice to property owners.

The Director of Streets shall as authorized by Section 20.26.010 notify property owners of sidewalks in need of repair. He shall also notify said property owners that are covered under Sections 20.26.240--20.26.280 that the City will pay half the cost of repair if the owner provides matching funds.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.260 Notice of costs to property owners.

Upon completion of work the Street Department shall notify the property owner in writing of their cost of the work and the property owner shall have ten (10) months in which to pay the bill.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.270 Special tax lien.

Any covered property owner who has been notified of a defective sidewalk and refuses to voluntarily comply with the fifty percent shared cost program shall have a special tax lien as authorized by Article XXIII of the Charter of the City placed against their property.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.280 Nonentitlement to credit or rebate.

Any non-covered property owner may make repairs as authorized by Section 20.26.050; however, he shall not be entitled to any rebate as authorized herein.
(Ord. No. 68604, 9, 3-16-2010.)

20.26.290 Residential walks--Special revolving fund.

There is hereby created as part of the matching funds program here established, a special revolving account to administer said program for each ward as established in the City; upon the receipt of payment of funds by the property owner in compliance with the billing provisions of Section 20.26.260, the funds so received and any interest earned on such funds shall be deposited in the revolving account of the ward in which the improvements have been made. Thereafter said funds and interest shall not be transferred or reallocated to any other account or fund, nor shall said funds or interest be assigned to general revenue, but said funds and interest shall be used solely in furtherance of the purposes stated in Section 20.26.240 within the ward boundaries of the ward for that specific account or revolving fund has been established.
(Ord. No. 68604, 9, 3-16-2010.)


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