0861 Sidewalk Standards ORDINANCE NO. 861
• AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY
CODES, CHAPTER 46 STREETS AND SIDEWALKS, ARTICLE I,
SECTION 46-3 DAMAGING GENERALLY; LAND DEVELOPMENT
REGULATIONS,CHAPTER 78 DEVELOPMENT STANDARDS,SECTION
78-36 SIDEWALKS AND PEDESTRIAN ACCESS; AND APPENDIX E
MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTION AND
MAINTENANCE FOR CITY STREETS, CHAPTER 6 ROADS AND
STREETS; TECHNICAL REQUIREMENTS, SECTION 1.13 SIDEWALKS
THEREOF; TO PROVIDE FOR DESIGN STANDARDS FOR SIDEWALK
CONSTRUCTION; PROVIDE FOR MAINTENANCE; PROVIDE FOR
NOTICE OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES;
PROVIDE FOR PENALTIES FOR DAMAGES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee is responsible for the construction, maintenance and
repair of city sidewalks dedicated or constructed for public use; and
WHEREAS, it is in the interests of the City of Okeechobee to adopt a uniform design
standard for sidewalks throughout the city, and to establish consistency within the
city codes, land development regulations and construction and design standards;
and
WHEREAS, it is further in the interests of the City of Okeechobee to ensure that certain
construction activities adjacent to city sidewalks does not cause damage to
sidewalks, and to require landowners, contractors and others to notify the city in
advance of such activities to minimize such damages; and
WHEREAS, the City of Okeechobee intends to assess penalties to landowners,
contractors and others who disregard required notice to the city and thereupon
cause damages to sidewalks, so that the general funds of the city are not
needlessly expended to repair damages caused by others;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1.
Chapter 46, Article I, Section 46-3 is hereby rescinded, and in its place and stead,
the following section is herein adopted:
Sec. 46-3. Damaging generally.
(1) It shall be unlawful for any person or entity to damage any portion of
any of the sidewalks, or paved streets within the city, in any manner
whatsoever, to the extent that such damage requires repair to return
such sidewalk or paved street to its original condition.
(2) Any business owner, homeowner, landlord or tenant, or the
authorized agent thereof, who hires or retains the services of any
person or entity to perform construction or maintenance activities on
its premises, including but not limited to pouring of concrete;trimming
of trees; performing septic tank service; garbage or refuse pick-up, or
• services of this nature, which would require heavy trucks or
equipment to travel over and across city sidewalks to perform such
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service(s), must notify the City Public Works Department of such
intended activity, and its location, at least twenty-four (24) hours in
advance of the activity. The City Public Works Department shall
• thereupon inspect the location prior to such construction or
maintenance activity, and the person or entity, employing or using
such service shall, at no expense to the city, cause the sidewalk to
be adequately covered with plywood, dirt, or other covering so as to
ensure that the truck or equipment traffic will not damage the
sidewalk.
(3) In the event such notice is not provided to the city as set forth herein,
or if such notice is provided and the construction or maintenance
activity should cause damage to city sidewalks, the business owner,
homeowner, landlord or tenant, or authorized agent thereof, as well
as the person, contractor or entity providing the construction or
maintenance services, shall be jointly and severally liable to the City
of Okeechobee for the expense of all reasonable repairs to a
damaged sidewalk, as necessary to restore the sidewalk to its prior
condition and in conformity with all applicable city codes.
SECTION 2.
Chapter 78, Section 78-36 thereof, land development regulations, shall be amended
in the following respects:
Sec. 78-36. Sidewalks, driveways, and pedestrian access.
(a) When required.
(1) All projects constructed in zoning districts set out in Section 90-71 of
this code, except residential districts, wherein the lands of the owner
and/or developer adjoin a collector or arterial street or city right of
way, shall provide sidewalks adjacent along each such street or right
of way.
(2) through (5) No changes.
(6) In any area where the owner or developer constructs a driveway
which extends to a City right-of-way, and which would cross or adjoin
a city sidewalk, such driveway shall also be constructed of concrete
or other material approved by the city. Additionally, such driveway
shall be constructed in conformity with applicable sidewalk design
standards to ensure that the portion of such driveway that may extend
into a city right-of-way is constructed in a manner consistent with
surrounding sidewalks.
(7) The Technical Review Committee may, upon demonstration of undue
hardship to,or existing circumstances beyond the control of the owner
or developer, recommend to the City Council, approval of a deviation
from these standards designed to alleviate such hardship.
(b) Design standards.
(1) Design standards of sidewalks and pedestrian ways shall conform to
these regulations, and the Manual of Standards for Design,
Construction and Maintenance for City Streets of Appendix E,
Chapter 6, herein, and as amended from time to time.
• (2) No change.
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SECTION 3.
Appendix E to the Land Development Regulations, Manual of Standards for Design,
Construction and Maintenance for City Steets, Chapter 6 thereof, is amended in the
following respects:
1.13 Sidewalks. Sidewalks shall be Portland cement concrete, a minimum of six
inches thick, and four feet wide, except along arterial roads where minimum
width shall be five feet. (Remaining balance of Section 1.13 remains
unchanged).
SEVERABILITY.
In the event any portion of this ordinance is amended, should be deemed to be
unenforceable by a court of competent jurisdiction,the remainder shall remain in full
force and effect.
EFFECTIVE DATE.
This ordinance shall become effective immediately upon its adoption.
INTRODUCED for first reading and set for final public hearing on this 18t of June, 2004.
James E. Kirk, Mayor
ATTEST:
1111- CC
Land Gamiotea,'ity Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of June,
2004.
James E. Kirk, Mayor
ATTEST:.
Lane GamititeA, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
• John R. Cook, y Attorney
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