04-15 Amend Sec 903.10 Duty to Repair and Maintain Sidewalks

Home Browse Search

a matter of law, and the property owner shall be liable for any injury resulting from such defect. (d) The Director of Public Works, upon determining that the condition of any sidewalk, driveway apron or tree lawn constitutes a public hazard, may order the abutting property owner to repair any sidewalk, driveway apron, or tree lawn 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, driveway aprons, or tree lawns 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 or tree lawn 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 any sidewalk or tree lawn and issue a citation and order to repair to any property owner whose property abuts a sidewalk or tree lawn that is in an unreasonable state of disrepair or is determined to be a public hazard. 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. shall be and is hereby amended to read as follows: 903.10 DUTY TO REPAIR AND MAINTAIN SIDEWALKS, TREE LAWNS AND DRIVEWAY APRONS. (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, including the area commonly referred to as the "tree lawn." (b) As used in this section, "driveway apron" means that area of the driveway from the curb to the sidewalk. (c) The property owner whose property abuts any sidewalk shall be primarily responsible for the repair and maintenance of such sidewalk, driveway apron and tree lawn area. (1) Any hole or defect that is a tripping hazard or 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