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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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Last modified
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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shall be and is hereby amended to read as follows: <br />903.10 Duty to Repair and Maintain Sidewalks, Tree <br />Lawns and Driveway Aprons. <br />(a) For the purpose of this section, ""sidewalk'' means that <br />portion of a street between the curb lines, or the lat- <br />eral lines of a roadway, and the adjacent property <br />lines, intended for the use of pedestrians, including <br />the area commonly referred to as the "tree lawn." <br />(b) As used in this section, "driveway apron" means that <br />area of the driveway from the curb to the sidewalk. <br />(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 that is a tripping hazard or <br />that is capable of causing injury, inconven- <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, driveway apron or tree <br />lawn constitutes a public hazard, may order the abut- <br />ting property owner to repair any sidewalk, driveway <br />
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