Chapter 12.05
SIDEWALK MAINTENANCE AND REPAIR
Sections:
12.05.020 Duty to repair and clear sidewalks.
12.05.030 Liability for sidewalk injuries.
12.05.040 Standards and specifications.
12.05.050 Required sidewalk repairs.
12.05.070 Assessment of costs.
12.05.010 Definitions.
Unless the context requires otherwise, the following mean:
A. “Owner” means the person in whose name the real property is assessed for tax purposes according to the latest assessment roll for Multnomah County.
B. “Person” means a natural person, association, firm, corporation or other legal entity.
C. “Public works director” means the city of Fairview public works director or such other person designated by the city manager.
D. “Sidewalk” means that part of the street right-of-way between the curb-lines or the lateral lines of a roadway and the adjacent property lines that is intended for the use of pedestrians. (Ord. 8-2021 § 1; Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 1)
12.05.020 Duty to repair and clear sidewalks.
The owner of real property adjacent to or abutting a sidewalk shall maintain the sidewalk in good repair and safe condition free of hazards. (Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 2)
12.05.030 Liability for sidewalk injuries.
A. The owner of real property adjacent to or abutting a sidewalk is liable to any person injured because of any negligence of such owner in failing to maintain the sidewalk in good repair or safe condition free of hazards.
B. The city shall not be liable for injury, damage, or loss to any person caused by the unsafe, hazardous, or defective condition of any sidewalk or for city’s failure to provide the repair notice described in FMC 12.05.050.
C. Notwithstanding subsection B of this section, if the city is required to pay damages or incurs attorneys’ fees and costs for an alleged injury to any person by failure of an owner to maintain a sidewalk in good repair or safe condition free of hazards, the owner shall reimburse the city for the amount of damages paid, and for the attorney fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. (Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 3)
12.05.040 Standards and specifications.
Sidewalks shall be repaired and maintained in accordance with the city’s standards and specifications as provided in the Sidewalk Maintenance Handbook – Policy and Operating Guidelines. (Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 4)
12.05.050 Required sidewalk repairs.
A. When the city determines that repair of a sidewalk is necessary, the public works director (or designee) shall issue a repair notice to the owner of property adjacent to or abutting the sidewalk.
B. The notice shall require the owner to complete the repair of the sidewalk within 60 days after the service of notice. The notice shall also state that if the repair is not made by the owner, the city may do the work and the cost of the work will be assessed against the property adjacent to the sidewalk.
C. The public works director shall cause a copy of the notice to be served personally upon the owner of the property adjacent to the defective sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered, the public works director shall cause a copy of the notice to be posted in a conspicuous place on 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.
D. The person serving the notice shall file with the city recorder a statement stating the time, place and manner of service of notice. (Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 5)
12.05.060 City may do work.
If repair of the sidewalk is not completed within 60 days after the service of notice to repair or such additional time as the city shall grant, the public works director shall cause the needed work on the sidewalk to be completed. Upon completion of the work, the public works director shall submit an itemized statement of the cost of the work to the council. (Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 6)
12.05.070 Assessment of costs.
Upon receipt of the report, the council, by ordinance, shall assess the cost of the sidewalk work against the property adjacent to the sidewalk. The assessment shall become a lien against the concerned property. (Ord. 3-2021 § 1 (Exh. A); Ord. 7-2013 § 1 (Att. 1); Ord. 8-1990 § 7)