[Adopted 3-21-1983 as Ch. 97C of the 1970 Code]
[Amended 4-7-1998 by L.L. No. 2-1998]
A.
All owners or agents of owners with property abutting or fronting
upon any plaza, street or alley within the corporate limits of the
City are required to and shall have the duty to keep sidewalks, curbs
and gutters abutting their property in good order and repair.
B.
The owner or the agents of owners with property so abutting shall
be liable for any injury or any damage caused to any person or property
caused wholly or in part by the failure of said owner or agent to
so maintain and repair said sidewalks, curbs and gutters. Each such
owner shall be liable to the City for all losses to the City or recoveries
from the City for damages to person or property of others caused by
his failure or that of his agents to repair and keep in good order
and reasonably safe condition all such sidewalks, curbs and gutters
abutting or fronting his property.
C.
The City may, at its discretion, through the Commissioner of Public Works, notify such owner that repairs are necessary to put such sidewalk, curb or gutter in good order, and such owner shall, within 10 days after such notification, under the supervision of the Commissioner of Public Works, complete such repairs as specified in such notice. If the person fails to make the required repairs, the City may repair the same and the owner shall be liable to the City for the cost of the repairs, and said liability shall be incurred immediately upon completion of the repairs by the City. Where the full amount due the City is not paid by such owner within 90 days after the correction of such violation as provided in Subsections A and B above, the City shall cause to be filed in the office of the City Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
D.
A permit shall be required to make repairs pursuant to this section.
However, there will be no charge for such a permit unless it is proposed
to make a change in the grade, location or dimensions of the sidewalk,
curb or gutter.
The owner, occupant or person in charge of an improved or unimproved
lot adjoining a City street shall remove the snow from the sidewalks
in front of such lot within 12 hours after each snowstorm and shall
keep the sidewalks clear of snow and ice and, when slippery, keep
the same safe by sanding. The portion of the sidewalk required to
be kept free from snow and ice is the portion thereof which is paved,
if any, and if no portion thereof is paved, a space at least four
feet in width shall be kept free and clear as above stated. A storm
ceasing after 7:00 p.m. shall be considered as ceasing at 7:00 a.m.
the following morning.
No person shall, in removing snow or ice from the sidewalk or
property adjoining a public street, cause the same to be placed in
or upon such public street.
