Loading...
Ordinance 337 - Pedestrian SafetyME , Ordinance NP, 337 AY OPMANCE providing for the safety of pedestrians; for the repair of sidewalks; for the removal of sideValks and crossings; for the preventing of the use of sidewalks, which may become unsafe for pedestrians; and providing that the cost of all repairs to sidewalks, and the removal thereof by the City, shall be taxed :against- the abutting property. BE IT ORDAINED By the City Council of the City of Kalis- pell: i Section 1. Whenever any sidewalk is in unsafe condit- ion for pedestrains, it shall be the duty of the Street Commis- sioner to place a suitable obstruction on either side of that part of the sidewalk which is in unsafe condition, and notify the owner or occupant of the abutting property that such sidewalk must be repaired, or if the abutting property be unoccupied and the owner can not be found within the City, then the Street Com- missioner shall post.a notice,n such property requiring,such :- walk to be repaired. If such walk is not properly repaired with in twenty four hours of the giving of the noyice, as herein pro- vided, then the Street Commissioner shall report the facts to the Kiyor, and the Layor may cause such sidewqlk to be repaired or removed by the City. Section 2. All repairs to sidewalks made by the City shall be paid out of the General Fund, and the City Clerk shall keep a separate account of the cost of sucJA repairs and charge the abutting property therewith, and between the first and tenth days of October of each year, shall vertify to the City Treasurer a list of all property chargeable with repairx of sidewalks for the year ending September thirtieth of such year, with the amount of the cost of repairs for which each separate parcel is chargeable, to which cost he shall add interest at the rate of six per cent per annum from the date of the incurring of such -charge by the City, and ten per cent additional to cover costs and charges of radmiAistration, and such items shall constitute a tax aghinst the - property, affected thereby, and such tax shall be coll6he­ f � d by 90 the City Treasurer, and if not paid on or before 21' , ovember thir- tieth of the year certified, the property, affected, thereby, shall be sold by the City Treasurer for delinquent taxes,, after. being advertised for sale by him, as in the case of property sold for delinquent special improvement assessments, and all taxes collected under the provisions of this ordinance shall be placed in the General Fund of the City. Section Where R sidewalk is removed by order of the Mq,yor, as herein provided, unless the owner- of the abutt- ing property shall take away from the street or -)venue the mat- erial, of which such sidewalk is constructed, as the same is removed by the City, then the Street Commissioner shall dispose of such material to the best advantage and the cost of the re- moval of the sidewalk and disposition of the material, less any amount realized out of the sale of the material, if sold, shall be a tax against the abutting property, and shall be certified and collected, as herein provided for repairs made to sidewalks of the City, together with interest and charges of asministra- tion, as herein before provi6ed. Section 4. The words Street Commissioner, as used in this ordinance, shall be constued to include any officer or employee of the City, whose duty it may be, for the time being, to inspect or supervise the inspection of the riderrnlks,of the City. Section 5. The 111,ayor may, at any time, cause to be removed any crossing that in his judgement is unsafe for ped- estrians. Section 6. Any person who takes doiun or removes, or in any manner interferes with any obstruction pl�Lced on any sidewElk, as provided for in section one of this ordinance, shall commit the offense of Obstructing the Administration,of the City, and upon conviction thereof shall be punished by a fine of not less than -five dollars and not more than one hun- dred dollars. Section 7. This Ordin,-tnce is hereby decla.red to be an emergency ordinance, -vor the reason that the preservPtion-of the safety of the inhabitants of the City demands th4%,-,)Itf,,-igo into immediate effect, due to the unsafe condition of the sidewalks of the City. Section 8 The provisions of all ordinances in con flict with this ordinance are hereby repealed. Section 9. This ordingnce'shall take effect immediately upon its paosage and approval. Paosed by the City Council November 21st 1916. Approved by the Mayor November 21st 1916. R. Pauline, Mayor. R. E. Rollins, City Clerk. STATE OF MONTANA COUNTY OF FIATHEWD SS CITY OF KALISPELL I, R. E. Rollins, City Clerk of the City of Kalispell, Montana, do hereby certify that on the 23rd day of November 1916, 1 posted a copy of the foregoinp, ordinance in my office and that the same remained posted for a period of five days and that the foregoing record is a true copy of the ordinance as passed by the Council. ember 1916. Witness my hand this the 29th of Nov- City Clerk.