1992-12-15 Dana City Ordinance 42
Dublin Core
Title
1992-12-15 Dana City Ordinance 42
Subject
Ordinance 42; sidewalks; defective sidewalk; sidewalk standards; abutting property owners; snow and ice removal; assessment of costs; liability; Code of Iowa 364.12; Code of Iowa 716.1; debris; defacing; Jack Pedersen; George Brabbs
Description
Ordinance making abutting property owners responsible for repairing and maintaining sidewalks and for removing snow and ice within twelve hours, with the city able to do the work and assess the cost as a property tax. It sets construction standards and prohibits defacing sidewalks or leaving debris on them. Passed "15" December, with the last digit of the year left blank; filed under 1992 because the December 1992 minutes record its adoption. Two pages. Signed by Jack Pedersen, Mayor, and George Brabbs, City Clerk.
Creator
City of Dana, Iowa
Source
City of Dana, Iowa
Publisher
City of Dana, Iowa
Date
1992-12-15
Contributor
City of Dana, Iowa
Format
Printed pages on white paper
Language
American English
Type
Public government records
Coverage
Dana, Greene County, Iowa
Text Item Type Metadata
Text
ORDINANCE NO. 42 [number handwritten]
AN ORDINANCE TO ENHANCE SAFE PASSAGE BY CITIZENS ON SIDEWALKS, TO PLACE THE RESPONSIBILITY FOR THE MAINTENANCE, REPAIR, REPLACEMENT OR RECONSTRUCTION OF SIDEWALKS UPON THE ABUTTING PROPERTY OWNER AND TO MINIMIZE THE LIABILITY OF THE CITY OF DANA, IOWA.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DANA, IOWA.
SECTION 1. DEFINITIONS. For use in this Ordinance the following terms are defined.
1. "Defective Sidewalk" means any public sidewalk exhibiting one or more of the following characteristics:
A. Vertical separations equal to three-fourths (3/4) inch or more.
B. Horizontal separations equal to one-half (1/2) inch or more.
C. Holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in daimeter.
2. "Owner" means the person owning the fee tittle to property abutting any sidewalk and includes any contract purchaser for the purposes of notification required herein. For all purposes, "owner" includes the lessee, if any.
3. "Sidewalk" means all permanent walks in business, residental or suburban areas.
SECTION 2 REMOVAL OF SNOW, ICE AND ACCUMULATIONS.
1. It is the reasonsibility of the abutting property owners to remove snow, ice and accumlations promptly from sidewalks, If a owner does not remove snow, ice or accumlations within twelve (12) hours after a snowfall, the City may do so and assess the costs against the property owner for the collection in the same manner as a property tax.
SECTION 3. RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines or traveled portion of the public street.
(Code of Iowa, Sec. 364.12 (2c))
SECTION 4. CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such is not completed within the time stated in the notice, the Council may require the work to be done and assess the cost against the abutting property for the collection in the same maner as a property tax.
(Code of Iowa, Sec. 364.12 (2d & e()
SECTION 5. SIDEWALK STANDARDS.
1. Length, Width and Depthrequirements are as follows:
A. Residental sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each sectionshall be no more than four (4) feet in length.
B. Business district sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length.
C. Driveway areas shall not be less than six (6) inches in thickness.
[page 2]
2. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the Council establishes a different distance due to circumstances.
SECTION 6. Defacing. It shall be unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.
(Code of Iowa, Sec. 716.1)
SECTION 7. DEBRIS ON SIDEWALK. It shall be unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wie, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.
PASSED AND ADOPTED THIS 15 DAY OF December, 199_. [day and month handwritten; the last digit of the year was never filled in. ?: the December 1992 minutes record this adoption; their heading reads December 15, and the meeting was announced for December 16, 1992.]
CITY OF DANA, IOWA
[signature: Jack Pedersen, Mayor]
ATTEST:
[signature: George Brabbs, City Clerk]
AN ORDINANCE TO ENHANCE SAFE PASSAGE BY CITIZENS ON SIDEWALKS, TO PLACE THE RESPONSIBILITY FOR THE MAINTENANCE, REPAIR, REPLACEMENT OR RECONSTRUCTION OF SIDEWALKS UPON THE ABUTTING PROPERTY OWNER AND TO MINIMIZE THE LIABILITY OF THE CITY OF DANA, IOWA.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DANA, IOWA.
SECTION 1. DEFINITIONS. For use in this Ordinance the following terms are defined.
1. "Defective Sidewalk" means any public sidewalk exhibiting one or more of the following characteristics:
A. Vertical separations equal to three-fourths (3/4) inch or more.
B. Horizontal separations equal to one-half (1/2) inch or more.
C. Holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in daimeter.
2. "Owner" means the person owning the fee tittle to property abutting any sidewalk and includes any contract purchaser for the purposes of notification required herein. For all purposes, "owner" includes the lessee, if any.
3. "Sidewalk" means all permanent walks in business, residental or suburban areas.
SECTION 2 REMOVAL OF SNOW, ICE AND ACCUMULATIONS.
1. It is the reasonsibility of the abutting property owners to remove snow, ice and accumlations promptly from sidewalks, If a owner does not remove snow, ice or accumlations within twelve (12) hours after a snowfall, the City may do so and assess the costs against the property owner for the collection in the same manner as a property tax.
SECTION 3. RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines or traveled portion of the public street.
(Code of Iowa, Sec. 364.12 (2c))
SECTION 4. CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such is not completed within the time stated in the notice, the Council may require the work to be done and assess the cost against the abutting property for the collection in the same maner as a property tax.
(Code of Iowa, Sec. 364.12 (2d & e()
SECTION 5. SIDEWALK STANDARDS.
1. Length, Width and Depthrequirements are as follows:
A. Residental sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each sectionshall be no more than four (4) feet in length.
B. Business district sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length.
C. Driveway areas shall not be less than six (6) inches in thickness.
[page 2]
2. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the Council establishes a different distance due to circumstances.
SECTION 6. Defacing. It shall be unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.
(Code of Iowa, Sec. 716.1)
SECTION 7. DEBRIS ON SIDEWALK. It shall be unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wie, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.
PASSED AND ADOPTED THIS 15 DAY OF December, 199_. [day and month handwritten; the last digit of the year was never filled in. ?: the December 1992 minutes record this adoption; their heading reads December 15, and the meeting was announced for December 16, 1992.]
CITY OF DANA, IOWA
[signature: Jack Pedersen, Mayor]
ATTEST:
[signature: George Brabbs, City Clerk]
Collection
Citation
City of Dana, Iowa, “1992-12-15 Dana City Ordinance 42,” Dana, Iowa - Historical Records, accessed November 7, 2026, https://records.danaia.gov/items/show/402.