45-09 Amend Chpt 903 - Sidewalks & Curbs

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cost of the work. 903.09 SIDEWALK OR CURB DESTRUCTION; OPENING PERMIT AND DEPOSIT. (a) For the purpose of this section, "sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. (b) No person shall break deface, damage or destroy any sidewalks or curbing in or along the streets or pubic places of the City. (c) Before any person, other than a city contractor, officer or employee, shall make any opening or remove any sidewalk or curb in or along any of the streets, alleys, avenues or public grounds in the City, such person shall file with the Director of Public Works a written or printed application for a permit, setting. forth and indicating thereon the location and extent of the opening in the sidewalk dr curb desired to be opened up or removed, and the purpose and size of the opening to be made. Before any permit is granted, the applicant shall pa to the City a deposit of fifty dollars ($SO.QO), after which payment the Director of Public Works may issue a permit, and the applicant may proceed to do the work. The foregoing shall not apply to sidewalks taken up to .lay connections by persons duly authorized and required to make house connections, and to re-lay and replace pavements under their contract. When, any opening has been made as herein provided, the same shall be carefully refilled, and when the sidewalk is restored to its proper condition, the person procuring the permit shall so certify to the Director of Public Works and, upon the report of the Public Works Inspector, the Director of Public Works shall refund to him the amount of his deposit less ten dollars ($10.00) thereof to be retained as the cost of inspection. In the event the Chief. Inspector reports that the work done is not in conformity with the original condition, then the City shall have the work done at the applicant's expense. 903.10 DUTY TO REPAIR AND MAINTAIN SIDEWALKS. (a) As used in this section, "sidewalk" means that portion of the street between the curb lines or the lateral lines which is designated for use by pedestrians. (b) The property owner whose property abuts any City sidewalk shall be primarilly responsible fPor the repair and maintenance of such sidewalk. (1) Any hole or defect that is capable of causing injury, inconvenience; annoyance or damage to sidewalk users shall be repaired by the abutting property owner within a reasonable period of time from the time at which the property owner should have known of the necessity of such repair through the exercise of due diligence, or within such time as may be determined as reasonable by the Director of Public Works at the time the repair work is determined to be necessary (2) The failure of a property owner to reasonably repair such defect in accordance with the applicable time frame shall be considered a negligent act as a matter of law, and the property owner shall be liable for any injury resulting from such defect. c) The Director of Public Works, upon determining that the condition of any sidewal or curb constitutes a public hazard, may order an abutting property owner to repair any sidewalk which the City finds to be a nuisance or in an unsafe condition. (1) The Director of Public Works shall serve a written notice of his or her determination in the manner provided by law for service in a civil action, setting forth a duplicate of the sidewalk survey indicating which sidewalks are to be repaired, the cost per square foot of those repairs and a time frame in which such work is to be completed. (2) If a property owner fails to repair a sidewalk as required by such order, the Director of Public Works may perform the work determined necessary and assess the cost of such work to the abutting land owner. (3) The Director of Public Works shall have the authority to inspect ahy sidewalk and issue a citation and order to repair to any property owner whose property abuts a sidewalk that is in an unreasonable state of disrepair or is determined to be a public hazard: A. The order to repair and citation shall be in writing upon a form approved by the. Director of Public Works setting forth the specific conditions determined to be a public hazard or unreasonable state of disrepair and shall contain a date for compliance not less than thirty days from the date of the issuance of the order and .citation, unless a longer period is determined to be appropriate by the Director of Public Works.