Sec. 42-36. - Violations and penalties.

(a)

Any person setting or resetting curb stones or paving, constructing, laying, building, repairing, renewing or remodeling a sidewalk, or constructing, repairing, or replacing a curb on or along any public street within the city with material or in a manner other than that required by this article shall, upon conviction thereof before the municipal court, be punished as provided in section 1-5 and shall be required to remove any material laid in violation of this article and replace same with material meeting the requirements of this article within 15 days from and after the date of conviction, and the failure to do so shall constitute an additional violation of this article, and such person shall, upon conviction of such additional violation before the municipal court, be punished as provided in section 1-5 for each offense, and no permits will be issued to such person for additional work pending settlement of all fines imposed and the satisfactory replacement of the work.

(b)

Any person which shall have violated the provisions of section 42-49, shall be punished in accordance with the provisions of subsection (a) of this section.

(Code 1968, § 45-30)

Sec. 42-37. - Suspension or revocation of licenses and permits.

The department of licenses and inspections may, in its absolute discretion, suspend temporarily, or may revoke a permit or license granted to any person under this article whenever such person, or his servant, agent or employee, shall be found by such department to have violated any of the provisions of this article, or for such other cause as the department may deem sufficient.

(Code 1968, § 45-29)

Sec. 42-38. - Permit required.

(a)

Prior to the beginning of any work referred to in this article by any licensee under this article, a permit shall be obtained from the department of licenses and inspections by such licensee for each piece of work intended to be done.

(b)

There shall be paid for each permit for doing work upon the public streets, curbs, or sidewalks of the city the sum of $6.00 for every $1,000.00 of valuation of work. Such permits shall state the location of the proposed work, the name of the owner and the contractor, and the time limit for completion of such work under the permit, which shall be at the discretion of the department of licenses and inspections. No person shall do any such work without a permit as required in this section.

(Code 1968, §§ 45-26, 45-27)

Sec. 42-39. - Permit for opening sidewalk.

(a)

Prior to the opening of any sidewalk by any licensed contractor for the purpose of installing water service, gas or other utilities or for any other purpose, a permit shall be obtained from the department of licenses and inspections.

(b)

There shall be paid for each permit for opening any sidewalk the sum of $20.00. Such permit shall state the location of proposed work, the name of the owner and the contractor. No person shall do any work without a permit as required in this section.

(Code 1968, §§ 45-27.1, 45-27.2)

Sec. 42-40. - Inspections.

(a)

All work in or upon any public street, curb, or sidewalk shall be subject to inspection by and finished to the satisfaction of the department of licenses and inspections in accordance with specifications established by the department of public works. At least two inspections by a code enforcement officer of the department of licenses and inspections shall be made of all such work: first, of the grading, and second, of the concrete while being laid.

(b)

The written notice shall be given to the code enforcement officer by the person to whom the permit was issued showing the date, time of day and the location where grading for sidewalks or curbs will be ready for inspection, or where concrete for sidewalks or curbs is to be laid during that day.

(c)

Inspections will not be required for concrete sidewalk repair work, except newly constructed curb ramps, which are 50 square feet or less in area, nor for concrete curb repair work, except any and all newly constructed curb ramps, which are ten linear feet or less in length.

(Code 1968, § 45-28)

Sec. 42-41. - Duty of abutting property owners—Construction of sidewalks and curbs.

Any person owning any property facing, adjoining or abutting upon any public street, lane, alley or highway in the city, or the authorized agent of such owner, may be required to pave and curb the sidewalk of such property or to construct, repair or replace the curb along such property, or to do the same for both such sidewalk and such curb, with such character of materials as shall be designated by the commissioner of licenses and inspections. If such commissioner shall determine that any such sidewalk shall be paved or curbed, or both, or that any such curb shall be constructed, repaired or replaced, he shall address a written notice to the owner of such property, or the authorized agent of such owner, designating the kind and character of paving or curbing, or both, to be constructed, and such paving or curbing, or both, shall be constructed by such person within 20 days after the date of such notice from such commissioner. The commissioner of licenses and inspections shall be authorized in his sole discretion to allow extensions of time, requested in writing, for any actions required pursuant to this section for one or more periods of time not to exceed 90 days each, particularly if such extensions of time are related to seasonal or weather-related factors, provided that the commissioner may deny such extensions of time if the work is essential to the health, safety, or welfare of occupants of the abutting property or of another adjacent property.

(Code 1968, § 45-13)

Sec. 42-42. - Same—Repair of sidewalks and curbs.

(a)

Every sidewalk or footway between the curb stone and the building line, and every curb, along any of the public streets in the city, in front of lots whereon is erected any dwelling house, office, place of business, railing, fence, stone or brick wall, or permanent structure of any kind, or in front of such vacant lots as shall have been paved, shall at all times be kept in proper condition and free from obstruction and defective conditions. Any sidewalk, footway or curb, which shall become uneven or in which there shall be holes caused by the wear or removal of the material of which it is composed or in which there shall be depressions or in which there shall be loose bricks or loose material or which shall become broken or thrown into ridges or forced out of normal position by trees, tree roots, frost or other means; or which shall be unfit for use as a footway or sidewalk or curb by reason of being covered with weeds, mud, dirt, filth or other objectionable matter or which shall be out of proper condition from any cause, natural or artificial, shall be deemed to be a violation of this section.

(b)

The owner of any property or ground abutting on such defective sidewalk or footway, or curb, or the authorized agent of such owner, shall be solely responsible for any damage that may result to persons or property by reason of any hole, excavation or obstruction in or upon such footways, or from any defective condition of such sidewalk, footway or curb. The city shall not be deemed responsible for any damages that may result to persons or property by any such reason as aforesaid.

(Code 1968, § 45-14; Ord. No. 02-019, § 1, 3-21-02)

Sec. 42-42.1. - Sidewalk repair program.

(a)

Program established. There is hereby established within the department of licenses and inspections, working in conjunction with the mayor's office and the department of public works, a sidewalk repair program, for annual funding within the constraints of the annual budget process in order to provide funds for the repair of those sidewalks that are identified as being in the worst condition in Wilmington.

(b)

Annual identification of sidewalks for repair. The commissioner of licenses and inspections, or his designee, shall be authorized to identify on an annual basis the sidewalks in the City of Wilmington that are in the worst condition of disrepair. Such sidewalks shall be those that are deemed by the commissioner, or his designee, to be a detriment and a hazard to the public health and the public safety of pedestrians, whether residents or visitors, using such sidewalks. The said department is further authorized to obtain construction cost estimates for such sidewalk repairs no later than January 31 of each calendar year in order for repairs to be scheduled for the Spring construction season.

(c)

Notice to adjoining property owners. After the department of licenses and inspections has identified the sidewalks in worst disrepair and which are to be scheduled for the annual repair program, the said department shall provide written notice to each owner of each property that is adjacent to such sidewalks advising such owners of the hazardous conditions of each such sidewalk.

(d)

Repair requirement. Following the said written notice to property owners, each such property owner shall have the option of making repairs or causing the repairs to be made to bring the sidewalks up to City Code requirements. All such repairs shall be done only in accordance with City Code requirements, city regulations and city guidelines as administered by the department of licenses and inspections.

(e)

Repairs by city. Alternatively, if any such property owner of a property that is adjacent to such sidewalks in need of repair, does not make the repairs, or cause the repairs to be made, the city government shall make, or cause to be made, such repairs to the sidewalks.

(f)

Regulations and procedures. The department of licenses and inspections may promulgate such regulations and procedures subject to review by the administrative board, as it deems necessary to administer and enforce the requirements of this section.

(g)

Violations and penalties; community service. Any property owner who or which interferes with or disrupts or attempts to prevent any sidewalk repair or any other action by the city government done pursuant to this section shall be deemed to be in violation of this section and upon conviction thereof to be provided by the convicted person to the city's department of public works or department of licenses and inspections, said hours of community service to be either in addition to such fine or in lieu of such fine as the sentencing official deems appropriate. The departments of public works and licenses and inspections shall coordinate the administration of this section with the state office of probation and parole.

(Ord. No. 08-028(sub 1), § 1, 12-3-08)

Sec. 42-43. - Same—Penalty for violation.

(a)

If any person shall fail to pave, curb or repair any sidewalk, or to construct, repair, or replace any curb after receiving notice from the department of licenses and inspections within the time designated therefor, such person shall be guilty of a misdemeanor and shall be subject to a fine of not less than $100.00 for each period of one to seven days of any violation up to a maximum fine of $1,000.00 for each such violation.

(b)

Whenever an abutting property owner has been ordered by the department of licenses and inspections to repair or construct such sidewalk or curb and has failed to do so within 20 days after having been ordered to do so, the city may enter upon such lands and repair or construct, or cause to be repaired or constructed such sidewalk or curb at the expense of the owner. The commissioner of licenses and inspections shall be authorized in his sole discretion to allow extensions of time, requested in writing, for any actions required pursuant to this section for one or more periods of time not to exceed 90 days each, particularly if such extensions of time are related to seasonal or weather-related factors, provided that the commissioner may deny such extensions of time if the work is essential to the health, safety, or welfare of occupants of the abutting property or of an adjacent property. The costs incurred by the city shall constitute a debt due and owing to the city and shall be recoverable as such. Whenever such owner is found guilty, whether by trial or admission, of violating any provision of section 42-41, or of section 42-42, in instances in which such person, at the time of sentencing for such violation, also has not reimbursed the city for the costs incurred by the city in repairing or constructing, or causing to be repaired or constructed, such sidewalk or curb abutting the lands of such owner, pursuant to the provisions of section 42-41, section 42-42, or of this section, the municipal court shall order such owner or owners to make full restitution to the city for its costs in addition to and not in lieu of any fines which the court may impose.

(c)

When the department proceeds to contract, schedule or otherwise to cause the work to be done, it shall attempt to give notification of that fact to the owner to avoid duplication of effort. An owner choosing to cause repairs to be made by another for him shall so notify the department immediately.

(Code 1968, § 45-15)

Sec. 42-44. - Setting or resetting curbs generally; application for permission.

Any person desiring to set or reset curb stones in the city shall make written application to the department of licenses and inspections for such privilege. Such department shall have the right to grant or refuse any such application, and no curb shall be set or reset on the streets of the city by any person unless permission to do so has been granted by the department of licenses and inspections.

(Code 1968, § 45-16)

Sec. 42-45. - Curb replacement program.

(a)

The department of licenses and inspections is hereby authorized and empowered to administer a curb replacement program to assist the owner-occupant of any single-family residential property which is the legal residence of such owner facing, adjoining or abutting upon any street, lane, alley or highway in the city, in the replacement of curbs along such streets, lanes, alleys or highways through which program a portion of the cost of curb replacement, the supplying of labor for the same, or both, may be reimbursed by the department of finance to any such owner, provided that any such reimbursement shall not exceed one-half the cost incurred by the owner for the curb replacement, but in no event shall any such reimbursement exceed $300.00 for any such property. Any curb replacement completed on or after July 1, 1986 may be eligible for reimbursement under the section upon compliance with the requirements hereof. The total dollar amount expended by the city for curb replacement reimbursements during any fiscal year shall not exceed the total amount of funds appropriated or otherwise allocated for such purposes during that fiscal year.

(b)

The department of finance may approve a curb replacement reimbursement only when the following conditions have been met:

(1)

The commissioner of licenses and inspections shall have made the determination that the condition of any such curb to be replaced has deteriorated to the extent that it should be replaced and the department of finance has determined that the adjoining property is used exclusively for residential purposes and is the legal residence of the owner.

(2)

The commissioner of licenses and inspections and the director of finance shall have determined that sufficient funds are available and can be spent for such curb replacement project without undue interference with other city or city-assisted projects.

(3)

A written agreement, executed by the owner of the property abutting such curb and a contractor licensed by the city, or a valid invoice of such contractor, and a cancelled check or other approved proof of payment for such curb replacement work shall have been submitted to the commissioner of licenses and inspections and approved by the city solicitor and all required permits shall have been obtained.

(4)

The abutting property owner shall have paid to such contractor the full amount owed for the work performed.

(5)

Any check for reimbursement to any property owner pursuant to the curb replacement program shall be issued only by the department of finance following review and approval by the department of licenses and inspections of the work performed and such documentation.

(6)

An applicant for a reimbursement shall not be eligible if the subject curb replacement has received any other governmental financial assistance through use of city, state or federal funds; nor shall any applicant be eligible for reimbursement if such applicant has any unpaid earned income taxes, real property taxes, water or sewer charges or any other unpaid debt that is due and owing to the city.

(c)

Nothing in this section shall be construed as an action that would render the city liable for the continued care, maintenance or upkeep of any such curb nor render the city liable in damages for any injury or death sustained by reason of the condition of the curb.

(Code 1968, § 45-16.1; Ord. No. 92-053(sub 1), § 1(d), 7-2-92)

Sec. 42-46. - Curb-cut permit system; site plan review.

(a)

Applicability. Any person who or which proposes to construct, renovate, or reconstruct any project in the city for any industrial or commercial uses or for any multifamily residential uses, or any combination of such uses, for which a new certificate of occupancy will be required upon completion of such construction, renovations or reconstruction, shall be subject to and shall comply with the requirements of this section regarding curb-cuts and curb-maintenance permits and site plan review. The term "multifamily residential use" shall not include single-family detached or semi-detached residences, but shall include any duplex in which two or more families reside on different floors of the same building and apartments, condominiums and any other residential use that is a multifamily residence.

(b)

Procedures. The commissioner of licenses and inspection shall administer the provisions of this section with the advice of the department of public works and the planning department as may be necessary. Any developer who has proposed a project that is subject to the provisions of this section, shall apply for issuance of a curb-cut and curb-maintenance permit, for the project detailed in a site plan described in subsection (c), to be submitted by the applicant-developer prior to issuance of the permit. Such permit shall be a prerequisite to issuance of any building permit required for a project subject to the provisions of this section. The curb-cut permit site plan review, in subsection (c), shall be completed within 60 working days of the date of application for such permit, unless the commissioner of licenses and inspection has notified the developer-applicant in writing that additional time not to exceed 40 working days, will be necessary to complete the review. The provisions of this section are in addition to and not in lieu of site plan review provisions of the building code and are intended to supplement and not to supercede such provisions of the building code.

(c)

Site plan review. For purposes of this section, "site plan" shall mean a plan delineating the overall scheme of development for industrial or for commercial uses or for multifamily residential uses, or for any combination of such uses, on a parcel or parcels of land, including but not limited to grading, engineering design, construction details, and survey data for existing and proposed improvements. Any such site plan shall show the proposed location of the building or buildings proposed to be constructed or reconstructed, parking areas, and any other structures on the parcel or parcels of land and their relation to existing conditions, such as streets, neighboring land uses, natural features, public facilities, ingress and egress locations, interior roadways and similar features. A site plan shall show the proposed design and layout of the improvements to be constructed, reconstructed or renovated on the subject parcel of land. A site plan review shall be conducted by the planning department and submitted to the commissioner of licenses and inspection. The purpose of such site plan review shall be to ascertain what, if any, adverse effects may result to the pedestrian and motoring public in the immediate area of the project. Any such site plan review shall include a traffic and parking impact study analyzing with specificity the proposed development and its related motor vehicle traffic and parking demands in terms of factors including, but not limited to the estimated amount of time that customers of commercial uses or residents of the development will spend in each type of proposed facility, the days and hours of operation of commercial facilities, the estimated rate of trips by customers to and from the commercial facilities generated by their location, street capacity, street intersections, efficient circulation of traffic and adequate parking, entrance and exit location sites, and public safety traffic-related features of the area surrounding the proposed development. The commissioner, based upon the report and recommendations of the planning department, may require changes by the developer in the site plan prior to issuance of any curb-cut permit in order to mitigate traffic and parking-related adverse effects reported in the site plan review.

(d)

Appeals. Any developer-applicant or any other person aggrieved by a decision of the commissioner of licenses and inspection pursuant to the provisions of this section, shall have a right of appeal of such decision to be filed within ten days following issuance of such decision with the board of license and inspection review which shall hear and consider any such appeal in accordance with its rules and regulations.

(Code 1968, § 45-16.2; Ord. No. 92-053(sub 1), § 1(k), 7-2-92; Ord. No. 92-072, § 1, 11-5-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 95-043, § 3, 7-13-95)

Sec. 42-47. - Setting or resetting of curbs—Conformance with lines and grades, etc.; supervision.

All curbs set or reset on the streets of the city shall conform to lines and grades furnished by the department of public works, and no curb shall be set or reset by any person until such lines and grades shall have been marked by such department. The applicant shall conform to the changes, rules and regulations of the department of licenses and inspections relating to the setting and resetting of curbs. The setting and resetting of curbs shall be under the supervision and subject to the approval of a code enforcement officer or other designated officer of the department of licenses and inspections.

(Code 1968, § 45-17)

Sec. 42-48. - Same—Compliance with specifications.

All curbs set or reset on the streets of the city shall comply as to the materials and mode of construction with the specifications most recently approved by the department of licenses and inspections.

(Code 1968, § 45-18)

Sec. 42-49. - Granite curbs.

Existing granite curbs may not be replaced with any other type of curbing materials, except that granite curbs may be replaced by concrete curbs where necessary to the construction of a ramp for a wheelchair access to and from the adjoining street. Granite curbing, when authorized to be removed pursuant to this section, shall be delivered to and stored on city property at a location or locations designated by the department of public works for the same, and shall there be made available without charge to any person desiring to repair or construct a granite curb in the city. If the supply of granite curbing so stored should at any time substantially exceed the potential need for granite curbing for such construction or repairs, the department of public works shall be authorized to sell, utilize, or otherwise dispose of such excess supply of granite curbs.

(Code 1968, § 45-18.1; Ord. No. 93-080, § 1, 11-4-93; Ord. No. 94-056(sub 1), § 1, 8-25-94)

Secs. 42-50—42-65. - Reserved.

Editor's note—

Ord. No. 07-002(sub 1), § 1, adopted Apr. 19, 2007, deleted § 42-50, which pertained to opening streets for underground utility installation and repairs of streets and derived from Ord. No. 01-007(sub 2), § 1, adopted Nov. 1, 2001.