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6.4.A. - Page 26 Sec. 29.35. Duty to Install Sidewalk Where Curbing Exists. A. Whenever any building is constructed on or moved to any parcel of real property in the City, which parcel fronts on a street which is improved with a permanent concrete curbing, it shall be mandatory that a standard concrete sidewalk be installed on such property by the owner of such property or the person moving or constructing the building on the property. B. Failure to construct the sidewalk as so required shall be cause for the City to perform such work, charge the property owner for the cost thereof and if the owner fails to reimburse the City within the time required, place a lien on the property, following the same procedures set forth in sections 29.37 through 29.49 of this chapter. Sec. 29.36. Duty to Install Sidewalks When Fifty Percent of Block Front Improved. A. Whenever fifty percent (50%) of the property of any block fronting upon a permanent concrete curb located on the official line and grade of the street, becomes improved by the erection of residences or other buildings, it shall be mandatory that all property owners in the block, whether their property be improved or not, shall construct a regulation concrete sidewalk for the continuous length of the block, in accordance with plans and specifications of the City Engineer and subject to his supervision and approval. B. Failure of any property owner to so construct the sidewalk, shall be cause for the City to perform such work, charge the property owner for the cost thereof and if the owner fails to reimburse the City within the time required, place a lien on the property, following the same procedures set forth in sections 29.37 through 29.49 of this chapter. Sec. 29.37. Design Exceptions. The City Engineer shall have the power to grant design exceptions from the strict application of the provisions regarding sidewalks and driveways, upon the written application of property owner or his agent, in those cases where there exist practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such provisions; provided, however, that in the granting of such variance the purposes of such provisions shall be observed, public safety secured, and substantial justice done. Sec. 29.38. Responsibility for Sidewalk. It is the duty and responsibility of the owner or person in possession of the property abutting or fronting on a public street, right-of-way or City property to care for and maintain the sidewalk on the right-of-way or City property which abuts such property. ATTY/ORD.377/AMENDING CHAPTER 29 STREETS, SIDEWALKS AND DRIVEWAYS REV: 11-16-12 JS Page 23 of 28