§ 40-19. Established.

(a)

Grades to be established. The Common Council delegates the authority to establish grades to the City Engineer. The grade of all streets, alleys and sidewalks shall be established by the City Engineer, and the same recorded by the City Clerk-Treasurer in his office. No street, alley or sidewalk shall be worked on until the grade thereof is established. In all cases where the grade of sidewalks shall not have been specifically set by ordinance, the sidewalks shall be laid to the established grade of the street. All such grades heretofore established are hereby confirmed.

(b)

New sidewalk grade. Whenever a street shall be improved for the first time or the grade thereof changed and the street improved so as to conform to the new grade, the grading of the sidewalk shall be considered a part of the improvement, shall be let by contract with the other work of improving such street, and the expense thereof shall be provided for and borne in all respects like that of improving the street. Before such construction is commenced by the owners of the abutting lots or parcels of land, the Common Council, or its designee, shall, upon application by the respective owners for a sidewalk grade, cause such sidewalk grade to be established.

(Code 1991, § 6-1-1)