§11-505. Sidewalk Paving and Other Improvements by Property Owners. [41]


(1) The sidewalks of all public streets, and the roadways and sidewalks of all private streets, shall be graded, curbed, paved and kept in repair at the expense of the owners of the land fronting thereon.

(2) Whenever the Department of Streets determines that it is necessary to grade, pave, repave, or repair the sidewalks and to set or reset the curb of any public street in the City, it shall give written notice to the owner of the property adjoining which such work is to be done, or to his agent or the person in possession of such property, or, if opposite any alley or driveway, to all the owners, agents, or persons in possession of the properties abutting on, having the use of, the alley or driveway opposite which the sidewalk or curb work is to be done, to do such work at their own expense within 30 days from the date of service of such notice. If the Department of Streets is unable to serve the above persons, then the notice shall be posted upon a conspicuous part of the property. On the failure of any owner to comply with such notice within the time specified therein, the Department of Streets shall, subject to the provisions of this Chapter, have the necessary work done.

(3) Whenever under the provisions of this section the Department of Streets is to have any work done, the Procurement Department is authorized to enter into a contract for such work, which shall include the following provisions:

(a) the work shall be done in accordance with plans and specifications of the Department of Streets and pursuant to existing laws and ordinances;

(b) the contractor shall collect the entire cost of the work from assessments as provided hereafter in this Section, and shall accept the assessment bills in lieu of cash and in full payment of money to be paid him by the City for the work, unless otherwise provided by ordinance;

(c) the contractor shall collect the assessment bills at his own expense without recourse to the City in any event.

(4) Any contract authorized by § 11-505(3) may be combined with an otherwise authorized contract for the paving or repaving of a street, but the work provided for in this Section shall be done and the expense thereof assessed or collected in accordance with this Section.

(5) Upon the completion of any work done under a contract entered into pursuant to this Section the procedure set forth in § 11-503(4) shall be followed for the completion, assessment and collection of the cost thereof.

(6) All sidewalks, curbs, and driveways across sidewalks shall be laid or set in accordance with specifications and regulations of the Department of Streets and the provisions of this Chapter.

(7) When curb is to be set at corners of streets or at angles thereof, curved curb shall be placed to the radii determined by the district surveyor. The Department of Streets is authorized to replace existing curb with curved curb when a street is being paved or repaved, or when public convenience requires it.

(a) Where curb has not previously been set, it shall be paid for by the owner of the property adjacent to the angle or corner.

(b) Where curb now set is altered to a curve, it shall be paid for by the City.

(c) The owner of the adjacent property shall keep the curb in repair.

(8) Whenever any street is to be paved, repaved or resurfaced, and replacement of existing curb and/or sidewalk is a necessary element of the street improvement in the judgment of the Department of Streets, such curb and/or sidewalk replacement shall be at the expense of the City; provided however, that the curb and/or replacement be for the restoration of the existing curb and/or sidewalk and not in any way for the maintenance of the same.[42]

(9) All contractors employed in the construction, reconstruction, setting or resetting of curb and the paving or repaving of footways, shall:

(a) be registered with the Department of Licenses and Inspections and pay a fee of $20.00.[43]

(b) file a bond annually with the Law Department in the sum of $1000., in form and with surety as required by the Law Department, to indemnify the City and property owner against loss caused by the City ordering defective work to be remedied at the expense of either the City or the property owner;

(c) in each instance obtain a permit from the Department of Licenses and Inspections stating the character of the curb to be set or reset, or the character, location and width of the footway or driveway to be laid or relaid, and the specifications under which the work is to be done;

(d) in each instance obtain the necessary lines and grades from the district surveyor before commencing work.[44]

(10) Enforcement.

(a) Any person who fails to comply with the provisions of this Section, or who unlawfully sets or resets curb or paves or repaves sidewalks of driveways not in conformity with the specifications of the Department of Streets or with lines and grades furnished by the district surveyor, shall, in addition to any other fines or penalties prescribed by this Code, be refused further permits and prohibited from doing any work provided for in this Section until he corrects the violation.

(b) When any curb is set or sidewalk or driveway paved contrary to the provisions of this Section, the Department of Streets may:

(.1) tear up and remove the sidewalk, driveway, pavement or curb;

(.2) construct the sidewalk or driveway or set the curb in the manner provided in this Section;

(.3) file a lien for the cost thereof, including the cost of tearing up, removing, and setting in the manner provided in this Section.