It is unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street right-of-way or alley in the city to construct, place, cause, create, maintain or permit to remain upon any part of said right-of-way located between the curb line, or, if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure or object dangerous or hazardous to the use of said right-of-way by the members of the general public, including but not limited to the following conditions:
(1)
Defective sidewalk surfaces caused by property owner actions which are egregious and culpable, as determined by the public works director or their designee, including but not limited to broken or cracked cement concrete, stub-toes, depressions within or between sidewalk joints. Except, for defective sidewalk surfaces inside city right-of-way, that are result of normal aging and wear, the city shall retain responsibility for damage to the sidewalk;
(2)
Defective cement concrete surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction;
(3)
Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located on private adjoining property which are the result of egregious and culpable neglect of the adjacent property owner as determined by the public works director or their designee. Except that where a sidewalk, street or curb is damaged by a parking strip tree planted and maintained by the city, responsibility for damage to the sidewalk shall remain with the city;
(4)
Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way;
(5)
Defective conditions on the parking strip area between the curb line and the sidewalk, or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line;
(6)
Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;
(7)
Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that might cause pedestrians using said sidewalk to fall, stumble or slip by reasons of the existence of such foreign matter;
(8)
Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area.
(Ord. 2379 § 1, 1989; Ord. 3424 § 1, 2020)