CHAPTER 8-01
SIDEWALKS
SECTIONS:
8-01-001-0001 DUTY OF PROPERTY OWNER TO REPAIR ADJACENT SIDEWALKS
8-01-001-0002 NOTICE, PERMITTING, AND REPAIR OF SIDEWALKS
8-01-001-0003 DUTIES OF STREETS DIRECTOR
8-01-001-0004 CITY COST SHARE FUND
8-01-001-0001 DUTY OF PROPERTY OWNER TO REPAIR ADJACENT SIDEWALKS
A. It shall be the duty of the owner of any lot or parcel adjacent to any sidewalk within the corporate limits of the City to keep and maintain such sidewalk in good order and repair.
1. It shall not be the responsibility of property owners to repair a sidewalk adjacent to their property where a City-owned tree located in the City right-of-way is the primary cause of the damage to or need for repair of the sidewalk. (Ord. 2020-02, Rep&ReEn, 01/21/2020)
8-01-001-0002 NOTICE, PERMITTING, AND REPAIR OF SIDEWALKS
A. Notice. Whenever the condition of any sidewalk in the City is in disrepair, the Streets Director or designee ("Director") shall notify the owner of the adjacent property of such defective condition in writing and request that the owner repair the sidewalk within thirty (30) days after service of such notice or as weather permits, as determined by the Director.
1. The notice shall identify the repairs needed and be sent via certified mail to the owner of the property (or legal agent of the owner) adjacent to the sidewalk in need of repair.
B. Permit Required. The property owner shall be required to obtain a permit from the City prior to making repairs to any sidewalk pursuant to this chapter. However, there will be no charge for such permit unless the proposed work makes a change in the grade, location, or dimensions of the sidewalk.
C. Inspection. The alteration or repair of all sidewalks as called for pursuant to this chapter shall be subject to inspection by the City during construction and upon completion. All work must conform to City of Flagstaff Engineering Standards.
D. Repair by City. If the property owner fails to make the repairs identified in the notice within the time period specified in such notice, the City may repair the sidewalk and assess the cost of such repair to the adjacent property owner. Any such repairs will be contingent on the City’s available funding resources for sidewalk repair in any given fiscal year.
E. Cost; Lien. In the event that the City makes any repairs to a sidewalk after failure of the responsible party to do so, the Director shall file in the office of the City Clerk a verified, itemized statement of the cost of such repairs, which statement when so filed shall be deemed and taken as prima facie evidence of the cost of such repairs or renewals. The Director shall deliver via certified mail to the property owner a copy of the itemized statement of the cost of repairs. If the property owner fails to pay the assessment within forty-five (45) days after receiving notice, a lien may be filed against the adjacent property and filed with the Coconino County Assessor. The City may also pursue additional collection methods and any civil remedies available to obtain restitution for the costs of said repair. (Ord. 2020-02, Rep&ReEn, 01/21/2020)
8-01-001-0003 DUTIES OF STREETS DIRECTOR
A. It shall be the duty of the Streets Director or designee ("Director") to receive and maintain a record of all complaints regarding sidewalks within the corporate limits of the City in need of repair. Within a reasonable time after receipt of said complaint, the Director shall notify the owner of the property adjacent to the sidewalk in need of repair pursuant to Section 8-01-001-0002(A).
B. It shall be the duty of the Director to develop an inspection program that proactively identifies sidewalks in need of repair. (Ord. 2020-02, Rep&ReEn, 01/21/2020)
8-01-001-0004 CITY COST SHARE FUND
A. The City Council may provide an annual fund to assist residential property owners with the cost to repair sidewalks adjacent to their property. The cost share fund shall be contingent on the City’s available funding resources for sidewalk repair in any given fiscal year.
B. Residential property owners who identify an adjacent sidewalk in need of repair, or receive notice from the City that an adjacent sidewalk is in need of repair, may request assistance from the City’s cost share fund not to exceed fifty percent (50%) of the total cost of the repair. (Ord. 2020-02, Rep&ReEn, 01/21/2020)