Section 110-475. sidewalks required.
(a) Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any paved street, public and private, within the city limits.
(b) sidewalks constructed in residential district shall be four feet wide, and five feet wide in commercial and all other districts. sidewalks and concrete aprons will not be required across asphalt paved driveways, but the asphalt driveways must be maintained in good repair by the property owner. sidewalks along State highway A1A will require a permit from the state department of transportation and shall be five feet wide.
(c) sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks installed must conform in width with the existing sidewalks, but not to exceed five feet in width.
(d) sidewalks shall normally abut the property line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed.
(e) Construction of sidewalks shall be completed prior to the issuance of the certificate of occupancy or final inspection. Costs of construction shall be borne by the property owner. The construction of the sidewalk shall be in accordance with the provisions of section 98-92(t) of the code of Ordinances of the City.
(f) sidewalks contiguous with or a part of the bicycle path system shall provide for a smooth transition between surfaces.
(g) Prior to the issuance of a certificate of occupancy or final inspection for new development or redevelopment, the city may, at its discretion and expense, cause the construction of the sidewalk as would otherwise be required by this section and under the following conditions:
(1) Prior to the commencement of construction, the city shall provide all owners of real property abutting the proposed sidewalk with 30 days written notice of the city's intent to construct the sidewalk and to impose a future impact fee on the property owners for the costs of the sidewalk. Said notice shall provide a general description of the project, an estimated cost, and the date, time, and place of the city council meeting at which the proposed project will be authorized. At the meeting, affected property owners will be allowed an opportunity to be heard.
(2) Upon completion of the sidewalk by the city, the city manager shall certify in writing to the city council at a public meeting the cost of constructing the sidewalk. The certification shall proportionately allocate the cost of construction to each parcel(s) of real property that has received a special benefit from the sidewalk. At least 15 days' prior notice of the certification hearing shall be provided to those property owners that may be imposed an impact fee. At the hearing, affected property owners will be allowed an opportunity to be heard.
(3) The city council shall approve the certification by resolution. The certified amount shall constitute a sidewalk impact fee for each property. The resolution shall be duly recorded in the public records of Brevard County, Florida, and shall run with the land.
(4) The sidewalk impact fee shall be paid by the property owner prior to a certificate of occupancy or final inspection being issued by the city for the property.
(5) Prior to payment of the sidewalk impact fee, the property owner may petition the city council for a waiver or reduction of the sidewalk impact fee. The amount of any reduction or waiver shall be based on the costs incurred by the property owner to replace or modify the sidewalk caused by implementing a site plan approved by the city. The property owner shall be responsible for repairing, at the owner's expense, any sidewalk which is damaged by construction activities occurring on the property.
(6) In the event the property owner fails to pay the sidewalk impact fee pursuant to this section, the city shall have the right to withhold any certificate of occupancy or final inspection for the property. The city shall also have the right to collect the sidewalk impact fee in any manner provided by law and to levy interest at a maximum rate allowed by law and penalties not to exceed 25 percent on past due amounts.