Chapter 12.08
SIDEWALK MAINTENANCE AND REPAIR
Sections:
12.08.020 Responsibility of property owner.
12.08.030 Liability for sidewalk injuries.
12.08.040 Standards and specifications.
12.08.050 Required sidewalk repairs.
12.08.060 City may make repairs.
12.08.070 Assessment of costs.
12.08.010 Definitions.
As used in this chapter, the terms set out below shall mean as defined herein.
A. “City” means the city of Dundee, Yamhill County, Oregon.
B. “Costs” include all direct and indirect costs or charges incurred by the city pursuant to this chapter, including but not limited to overhead and administrative costs.
C. “Owner” includes any person, firm, corporation or other entity owning real property abutting any public street right-of-way in the city, and including a purchaser under an executory contract of sale.
D. “Sidewalk” means that part of any street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. [Ord. 464-2008].
12.08.020 Responsibility of property owner.
The owner of real property abutting any street where a sidewalk has been constructed shall maintain such sidewalk in both good repair and safe condition. To be in safe condition, a sidewalk must be free of litter, debris, vegetation or any other obstruction or condition that creates risk of harm to person or property. [Ord. 464-2008].
12.08.030 Liability for sidewalk injuries.
A. The owner of real property described in DMC 12.08.020 shall be liable to any person injured as a result of the sidewalk being either not in good repair or because it is not in a safe condition.
B. In the event that the city is required to pay damages for any injury to a person or property caused by an owner’s failure to perform the duties required by this chapter, the owner shall compensate the city for such damages, and such compensation obligation may be enforced by the city by an action in circuit court. [Ord. 464-2008].
12.08.040 Standards and specifications.
Sidewalks shall be constructed and repaired in accordance with the specifications established by the city council as part of the city’s public works design standards. [Ord. 464-2008].
12.08.050 Required sidewalk repairs.
A. When the city council determines repair of a sidewalk is necessary, it shall, by motion or resolution, direct the city administrator to issue a notice to the owner of property adjacent to the sidewalk to commence the repair, unless the city council determines that a person other than the property owner shall be responsible for its repair under subsection (D) of this section.
B. The notice shall require the owner of the property adjacent to the sidewalk to complete the repair of the sidewalk within 30 days after service of the notice, unless good cause exists why said repair cannot be accomplished within that time. The notice shall also state that if repair is not made in the time required by the notice, the city may thereafter cause the work to be done with the costs associated therewith to be charged against the property as an assessment and lien.
C. The city administrator shall cause a copy of the notice to be served personally upon the owner or notice may be sent to the owner by registered or certified mail, return receipt requested. If, after a reasonable search, the owner of the property is not located, the city administrator shall cause a copy of the notice to be posted in a conspicuous place on or near the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the owner of the property. The failure of an owner to get actual notice of the required repairs shall not excuse compliance with this chapter or invalidate any action of the city relating thereto.
D. In the event that the city council determines that a person other than the owner or prior owner caused a sidewalk to be in disrepair, then the owner or prior owner shall not be responsible for repair, and the council may by notice direct such other person to make the necessary repairs. Noncompliance with such notice shall subject such other person to all obligations and penalties prescribed in this chapter. [Ord. 464-2008].
12.08.060 City may make repairs.
If repair of the sidewalk is not completed within the time set out in the notice described in DMC 12.08.050, or such additional time as the city administrator may in his/her discretion deem appropriate, the city administrator may cause the needed repair work to be completed. Upon completion of the work, the city administrator shall prepare and submit an itemized statement of the costs associated therewith to the council and send a copy thereof to the property owner by registered or certified mail, return receipt requested. [Ord. 464-2008].
12.08.070 Assessment of costs.
Upon receipt of the report, the council, by resolution, may assess all or a part of the cost of the repair against the adjacent property and cause a resolution to be recorded in the county and city lien records. The assessment shall become a lien against the property and accrue interest at the legal rate as established in state law. [Ord. 464-2008].
12.08.080 Penalty.
Violation of this chapter is punishable by fine not to exceed $100.00. Each day’s violation of a provision of this chapter shall constitute a separate offense. The penalty established by this section is in addition to and not in lieu of any other obligation under this chapter. [Ord. 464-2008].