CHAPTER 8-1: SIDEWALKS
SECTIONS:
8-1-1: CONSTRUCTION OF SIDEWALKS:
8-1-2: REPAIR AND MAINTENANCE OF SIDEWALKS AND ALLEYS:
8-1-1 CONSTRUCTION OF SIDEWALKS:
Hereafter, every sidewalk within the corporate limits shall be constructed in accordance with the City of Prescott General Engineering Standards as may be amended from time to time. All sidewalk construction shall meet the approval of the Public Works Director. (Ord. 3852, 3-9-1999, eff. 3-11-1999; Ord. 4981-1519, 6-7-2016)
8-1-2 REPAIR AND MAINTENANCE OF SIDEWALKS AND ALLEYS:
(A) All owners and/or agents of owners and/or persons (and/or their agents) in possession of property (hereinafter collectively referred to as the ''responsible party'') abutting or fronting any sidewalk within the corporate limits of the City are required to keep the public sidewalks immediately abutting or fronting their property clean and free of snow, ice and debris, and in good order and repair. The responsible party shall be liable to the City for all losses to the City or recoveries from or claims against the City for damages to person or property caused by the failure of the responsible party to repair and keep in good order and reasonably safe condition all such sidewalks abutting and fronting his/her property within the corporate limits of the City. ''Property'' as used herein shall not be deemed to include public streets or public rights-of-way.
(B) It shall not be the responsibility of an abutting property owner to remove trees, branches or tree roots within the limits of a City sidewalk or street right-of-way or to repair a sidewalk abutting a property where a tree in the City right-of-way is the primary cause of (1) the damage to or (2) need for repair of the sidewalk.
(C) In the event that the condition of a sidewalk is in disrepair, the City may at its discretion, through the Public Works Director, notify the responsible party that repairs are necessary to put such sidewalk in good order and such responsible party shall complete such repairs as specified in such notice. If the responsible party fails to make the required repairs, the City may undertake to do said repairs.
(D) Whenever the Public Works Director shall repair or renew any sidewalk or portion thereof, as provided in subsection (C) of this section, he shall, within ten (10) days after completion of such repair or renewal, file in the office of the Clerk and deliver by certified mail, return receipt requested, to the owner or owners of the abutting property a verified and itemized statement of the cost of such repairs or renewal, which statement when so filed shall be deemed and taken as prima facie evidence of the cost of such repairs or renewals, and unless such owner or owners file with the Public Works Director objections in writing thereto within ten (10) days after the filing of such statement, such statement shall be conclusive evidence of the amount of such cost.
(E) If an objection is timely submitted pursuant to subsection (D) of this section, the Public Works Director or his designee shall review the objections.
1. If it is determined that a valid objection to the initial determination of cost of repairs has been set forth, a notice will be sent to the owner or owners that a reduced or no assessment will be made for that particular repair or renewal. The notice shall specifically set forth the findings and conclusions of the Public Works Director or his designee with respect to the review of the initial assessment.
2. If the Public Works Director or his designee determines that a defense to the initial notice of assessment has not been set forth, a notice of decision shall be sent by mail to the owner or owners that he will be assessed pursuant to this section. The notice of decision shall contain the specific findings and conclusions of the Public Works Director or his designee with respect to the review of the initial assessment.
(F) Notwithstanding subsection (B) of this section, the City through its Public Works Director in its sole discretion may unilaterally replace, reconstruct or rebuild any sidewalk within the corporate limits without charge to an abutting property owner or owners; provided, however, that any damage to a sidewalk requiring replacement, reconstruction or rebuilding of such sidewalk that is caused by an abutting property owner, or any tenant, agent, servant, employee or contractor of such owner, shall be repaired, replaced or rebuilt by such property owner. The City Council may provide an annual fund to undertake such work; provided, however, that any such funding shall be subject to the City’s available funding resources for a given fiscal year.
(G) All owners or agents of owners or persons (or their agents) in possession of property abutting or fronting any alley within the corporate limits of the City are required to keep the alley immediately abutting or fronting their property clean and free of debris and rubbish. Each owner shall be liable to the City for all losses to the City or recoveries from or claims against the City for damages to person or property caused by his or her failure or that of his/her agents to keep such alleys abutting and fronting his/her property within the corporate limits of the City free of any and all debris and rubbish.
(H) It shall be unlawful for any person to place or maintain an encroachment or obstruction upon, damage or otherwise use or occupy a sidewalk for any purpose other than authorized public travel unless authorized to do so by a permit issued by the Public Works Department, pursuant to a permit issued in accordance with Title 8, Chapter 9, or as allowed by Section 8-2-4. (Ord. 4121, 6-26-2001; Ord. 4854-1311, 3-26-2013; Ord. 4981-1519, 6-7-2016)
8-1-3 PERMIT REQUIRED:
A permit shall be required to make repairs pursuant to this chapter. However, there will be no charge for such permit unless it is proposed to make a change in the grade, location or dimensions of the sidewalk. (Ord. 2272, 6-25-1991; Ord. 4981-1519, 6-7-2016)
8-1-4 INSPECTION:
The alteration or repair of all sidewalks as called for pursuant to this chapter shall be subject to inspection by the City, during its construction and upon completion. All work shall conform to the City of Prescott General Engineering Standards. (Ord. 2272, 6-25-1991; Ord. 4981-1519, 6-7-2016)
8-1-5 COST; LIEN:
In the event that the City makes any repairs to a sidewalk or alleyway pursuant to Section 8-1-2(B) after the failure of the responsible party to do so, there shall be added to the actual costs of said repair fifteen percent (15%). A lien may be filed against the adjoining property and filed with the Yavapai County assessor, and shall draw interest at the rate of ten percent (10%) per annum until paid, and shall become and be a lien against said property and the whole thereof until paid in full. The City may also pursue any civil remedies available to obtain restitution for the costs of said repair. (Ord. 214, 10-6-1915; amd. Ord. 3293, eff. 1-12-1995; Ord. 4981-1519, 6-7-2016)
8-1-6 VIOLATION:
(A) Unless otherwise provided for herein, and in addition to any other remedy set forth herein, a violation of Section 8-1-1, 8-1-2(C), 8-1-3 or 8-1-4 shall be a civil violation, subject to the provisions of Section 1-3-2.
(B) That notwithstanding the foregoing, a violation of Section 8-1-2(D) shall be deemed a petty offense. (Ord. 2101, 8-8-1989; amd. Ord. 3257, eff. 10-13-1994; Ord. 3293, eff. 1-12-1995; Ord. 4981-1519, 6-7-2016)