CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 1. Sidewalks

It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the governing body and a permit issued for such work by the City Clerk.

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 bas 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)

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.

When a petition signed by no fewer than ten 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)

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 sidewalk and providing for the construction of a new sidewalk in the place of the sidewalk condemned.

(K.S.A. 12-1804)

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 their 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)

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 their 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, they 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)

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 their 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)

In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-106 of this article, 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 the state, 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.

It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, goods, containers, benches, display or show cases, on any sidewalks or other public ways in the city or to obstruct the same longer than is necessary for loading or unloading any such article or object.

The governing body may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or their contractor and approved by the governing body.

Whenever any lot or piece of land abutting on any sidewalk in this city shall become or remain in such a condition that earth or other substance therefrom shall accumulate on such sidewalk and the owner of such lot or piece of land shall refuse or neglect to place the same in such condition as to prevent such washing or accumulating on such sidewalk, such owner shall upon conviction thereof be fined not less than $2 nor more than $50 and each day that such owner shall refuse or neglect to abate the condition after notice from the city clerk shall constitute a separate offense.

(Code 1989, 15-312; Code 2024)

It shall be unlawful for the owner of any property having a sidewalk adjacent hereto to permit any plank, brick, stone or segment of the sidewalk to be raised above the established level of the sidewalk more than one-half inch, in any manner which might catch the foot of a pedestrian; or to permit any holes or depressions to occur in the sidewalk in which a pedestrian might drop or catch his or her foot in a manner liable to cause injury.

(Code 1989, 15-316; Code 2024)