(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.