There is hereby incorporated by reference for the purpose of establishing specifications for the construction of driveways, concrete sidewalks, curbs and gutters “Uniform Code Setting Forth the Specifications for City Approaches, Sidewalks, Curb and Gutter, Edition 2017” prepared and published in book form by the city of Haysville. The standard code is hereby incorporated by reference as if set out fully in this section and shall apply to all approaches that cross street rights of way, public sidewalks, curb and gutter construction or reconstruction within the city. Copies of the approach, concrete sidewalk, curb and gutter specifications for the city shall be marked and stamped “Official Copy as Incorporated by the City of Haysville” and filed with the city clerk to be open for inspection and available to the public at all reasonable hours. The city inspector, the city engineer and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost to the city, such number of official copies of such specifications as may be expedient.

(Ord. 555, Sec. 1; Code 2003; Code 2022)

Any public sidewalks, curbs, or approaches cutting through or passing over any public sidewalks or public parkways and all curbs or gutters constructed in the city shall be constructed of concrete, minimum 4000 lb. mix, unless otherwise ordered by governing body and shall be constructed according to specifications on file in the office of the city clerk for the purpose of giving the city, through its proper officers, supervision over the construction, reconstruction or repair of such public sidewalks, curbs, gutters or approaches cutting through or passing over public sidewalks, public parkways, curbs or gutters.

(Ord. 115-A; Code 2022)

Every person before constructing any public sidewalks, curbs, gutters, or approaches cutting through or passing over any public sidewalks, curbs or gutters; or before removing any public sidewalks, curbs or gutters for the purpose of constructing, reconstructing or repairing an approach cutting through or passing over any public sidewalk, curbs or gutters in the city, shall be required to obtain a license from the city clerk, for which a license fee as set out in Chapter 17, authorizing the licensee to engage in such work until January 1st, at which time said license must be renewed prior to any work taking place within the City.

(Code 1984, Sec. 14-103; Ord. 522; Ord. 644; Code 2003; Code 2007; Code 2022)

Before the license shall be granted by the city clerk under the provisions of section 13-103, the person entity or corporation acting as the contractor applying for the license shall provide a copy of a current City of Wichita Concrete Contractors License and a policy of general liability insurance covering the activities of the contractor, and the contractor’s employees, per section 13-106, in addition, every contractor shall procure and maintain worker’s compensation insurance as required by Kansas law and automobile liability insurance as required by Kansas law.

(Code 1971, Sec. 10-104; Code 2003; Code 2022)

Before any person shall engage in the construction of any public sidewalks, curbs, gutters or approaches cutting through or passing over any public sidewalks, curbs or gutters in the city he or she shall first obtain a permit from the city clerk for which he or she shall pay fees as set out in Chapter 17. Such permit shall state the location of the public sidewalks, curbs, gutters or approaches cutting through or passing over any public sidewalks, curbs or gutters.

(Ord. 115-B, Sec. 2; Code 2003; Code 2022)

It shall be unlawful for any contractor performing street or sidewalk work in the city to conduct business within the city unless such contractor first provides documentation in the nature of proof of insurance showing that such contractor is covered with liability insurance in the minimum amount of $500,000 with the city named as an additional insured. All such documentation shall state that the city shall be given at least thirty (30) days advance written notice of any cancellation or material change in coverage of such insurance. If any person, firm, company, corporation or other entity shall conduct business within the city without first procuring and maintaining such insurance in accordance with this section, such person, firm, company, corporation or other entity shall be deemed guilty of a misdemeanor and punished by a fine and/or suspension or revocation of the contractor’s license.

(Code 1971, Sec. 10-106; Code 2003)

The city clerk shall refuse permits to any person who fails or refuses to obey all reasonable rules and regulations necessary in the enforcement of this article.

(Code 1971, Sec. 10-107)

All public sidewalks, constructed under the provisions of this article, must be a minimum of five (5) feet in width unless otherwise ordered by the Public Works Director or designee. If replacing more than 50% frontage of an existing sidewalk, said sidewalk shall be replaced from property line to property line and meet current requirements.

(Code 1971, Sec. 10-108; Code 2003; Code 2013; Code 2022)

Every person constructing, reconstructing or repairing any public sidewalks, curbs, gutters or approaches cutting through or passing over any public sidewalks, curbs or gutters in the city shall notify the city inspector when the work is ready for inspection so as to give the inspector sufficient time to accomplish the inspection prior to the placing of concrete in the forms. If the inspector finds that the public sidewalks, curbs, gutters or approaches cutting through or passing over any public sidewalks, curbs or gutters are not in accordance with specifications provided, he or she may refuse to accept or approve the work and he or she may require that any errors in the construction, reconstruction or repair be corrected at once and before acceptance or approval of the work.

(Code 1971, Sec. 10-109; Code 2022)

The city clerk shall refuse to issue further permits as provided in section 13-103 to any person who fails, neglects or refuses to correct errors in the construction, reconstruction or repair of any public sidewalks, curbs, gutters as provided in section 13-113.

(Code 1971, Sec. 10-110)

The governing body may at any time by resolution condemn any portion of a public sidewalk, curb, gutter or approaches cutting through or passing over any public sidewalks, curbs or gutters in the city whenever in its judgment it shall be deemed necessary to do so. Should the governing body condemn any portion of a approaches, curb or gutters, it may provide for the reconstruction or repair of any such condemned portion of such public sidewalks, curb, gutter or approaches cutting through or passing over any public sidewalks, curbs or gutters in accordance with the provisions of this article.

(Code 1971, Sec. 10-111; Code 2022)

No formality shall be required to authorize the reconstruction or repair or any public sidewalk, curb, gutter or approaches cutting through or passing over any public sidewalks, curbs or gutters in the city. The public works director after giving five (5) days’ notice, as provided by law, may reconstruct or repair any public sidewalk, curb, gutter or approaches cutting through or passing over any public sidewalks, curbs or gutters at any time, keeping account of the cost thereof and reporting the same to the governing body, which shall levy a special assessment against the lot or piece of land abutting on the portion of public sidewalk, curb, gutter or approaches cutting through or passing over any public sidewalks, curbs or gutters for the cost of reconstruction or repair, together with a penalty of five percent (5%) of the cost of such reconstruction or repair.

(Code 1971, Sec. 10-112; Code 2022)

Any person, when desiring a release from the city after having constructed, reconstructed or repaired any public sidewalks, curbs, gutters or approaches cutting through or passing over any public sidewalks, curbs or gutters, shall first notify the city clerk in writing, of such intent, and shall be responsible for any and all damages caused by said construction, reconstruction or repair and shall be responsible for the proper maintenance of barricades, safety guards and lights for the protection of the traveling public for a period of twenty-four (24) hours after 8:00 a.m., of the next working day for employees of the city, following such notice. When such notice is released to the city on Friday, the construction shall then be maintained through Sunday and/or any legal holiday or double holiday, plus a period of eight (8) hours after 8:00 a.m. on the next working day for city employees following such Sunday, legal holiday or double holiday. When a permit is released to the city a day that precedes a legal holiday or double holiday, the construction shall be maintained through such legal holiday or double holiday plus a period of twenty-four (24) hours after 8:00 a.m., on the next working day for city employees following such legal holiday or double holiday.

If during the period above provided, it is found that the work has not been properly done, then the person holding the license and permit shall, upon notice from the public works director, correct the defect at once, notify the city in writing of said correction, and after notification, shall be responsible for maintenance of proper barricades, safety guards and lights for the protection of the traveling public for an additional period of the same length of time as outlined in the preceding paragraph.

(Code 1971, Sec. 10-113; Code 2003; Code 2022)

The moneys collected as license fees and permit fees under the provisions of this article shall be at once transmitted to the city treasury and the license and permit shall serve as the receipt. All sums collected under the provisions of this article shall be credited to the general operating fund of the city.

(Code 1971, Sec. 10-114; Code 2003)