Ordinances-2002-253

CITY OF TIFFIN ORDINANCE NO. 2 0 0 2- 2 5 3 AN ORDINANCE AMENDING ORDINANCE NO. 1996- 209 ( SIDEWALK REGULATIONS) OF THE MUNICIPAL CODE OF TIFFIN, IOWA TO MAKE PROVISION FOR CONSTRUCTION OF SIDEWALKS. BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: Section 1. Purpose. The purpose of this ordinance is to amend Ordinance No. 1996- 209, by adding Section 8 Sidewalk Construction Ordered in order to make provision for the construction of a permanent sidewalk upon any street or court in the City Section 2. Amendment. An Amendment to Tiffin Ordinance No. 1996- 209 Sidewalk Regulations), as follows: City of Tiffin Ordinance No. 1996- 209 hereby adds the following as Section No. 8 immediately following Section 7(B)( 11) and correction is made to the renumber the sections labeled Repealer, Severability, and Effective Date as No. 9, No. 10, and No. 11, respectively: Section 8. Sidewalk Construction Ordered. The City may order the construction of permanent sidewalks upon any right- of-way in the City and may specially assess the cost of such improvement to the abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa. However, when pertaining to subdivision sidewalk improvement installations, the following shall apply: The City shall not order any owner or subdivider to construct permanent sidewalks upon any right-of-way for a period of up to one year from the approval of the final subdivision plat or not before such time as the owner or subdivider has sold 75 percent of the lots in the subdivision, whichever may occur first. This shall not exempt the subdivider or owner from any requirements of the Subdivision Ordinance, including but not limited to, any requirement of a surety bond or escrow agreement or requirements involved with the transference of a lot without constructing improvements ( see Subdivision Ordinance Sections 1. 04, 3. 05, 5. 10 5. 11, 5. 12, 5. 13) Section 3. Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Page 1 of 3 S:\ Clients\ Cities\ TifFm\ ORDINANCES\ SIDEWALK CONSTRUCTION ORDERED.doc Last printed 05/ 22/ 02 10: 40 AM kd