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71-09 Amend 903.10 Duty to Repair & Maintain Sidewalks
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71-09 Amend 903.10 Duty to Repair & Maintain Sidewalks
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5/14/2013 3:18:21 PM
Creation date
11/10/2009 5:02:02 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
11/2/2009
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(c) The property owner whose property abuts any side- <br />walk. shall be primarily responsible for the repair and <br />maintenance of such sidewalk, driveway apron and <br />tree lawn area. <br />(1) Any hole or defect, which is a tripping hazard, <br />that is capable of causing injury, incohven- <br />ience, annoyance or damage to sidewalk users <br />shall be repaired by the abutting property <br />owner within a reasonable period of time from <br />the time at which the property owner should <br />have known of the necessity of such repair <br />through the exercise of due diligence, or within <br />such time as may be determined as reasonable <br />by the Director of Public Works at the time the <br />repair work is determined to be necessary. <br />(2) The failure of a property owner to reasonably <br />repair such defect in accordance with the ap- <br />plicable time frame shall be considered a negli- <br />gent act as a matter of law, and the property <br />owner shall be liable for any injury resulting <br />from such defect. <br />(d) The Director of Public Works, upon determining that <br />the condition of any sidewalk or driveway apron con- <br />stitutes apublic hazard, may order the abutting prop- <br />erty owner to repair any sidewalk, or driveway apron <br />which the City finds to be a nuisance or in an unsafe <br />condition. <br />(1) The Director of Public Works shall serve a writ- <br />ten notice of his or her determination in the <br />manner provided by law for service in a civil <br />action, setting forth a duplicate of the sidewalk <br />survey indicating which sidewalks or driveway <br />aprons are to be repaired, the cost per square <br />foot of those repairs and a time frame in which <br />such work is to be completed. <br />(2) If a properly owner fails to repair a sidewalk as <br />required by such order, the Director of Public <br />Works may perform the work determined nec- <br />
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