12.21.010 Maintenance responsibility.
It is unlawful for the owner and/or any person, firm or corporation 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 the 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 the right-of-way by the members of the general public, including but not limited to the following conditions:
1. Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints;
2. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between the cement surfaces and the public sidewalks, including stub-toes or depressions at the junction;
3. Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way;
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, as set out in section 12.28.040;
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 may cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;
8. Defective handrails or fences or other similar structures within or immediately adjacent to the right-of-way area. (Ord 08-248 §3 (Ex C); Ord 435 §1, 1972)
12.21.020 Injury – Liability.
In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as specified in Section 12.21.010, or by the presence or accumulation of ice or snow thereon, or by lack of proper guards or railings on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the City for all damage, injury, costs and disbursements including court costs and attorney’s fees, which the City may be required to pay or incur to any person injured or property damaged as aforesaid.
Whenever any public right-of-way in the City has been improved by the construction of a sidewalk along either side thereto, the duty and expense of the maintenance, cleaning, repair and renewal of the sidewalk, including the erection or maintenance of suitable barriers along the outer margin of the sidewalk where the same is elevated more than two feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the Code Enforcement Officer of the City. (Ord 435 §1, 1972)
12.21.030 Sidewalk change – Application.
Any person, firm or corporation desiring to change any sidewalk in front of and abutting their property shall make application in writing to the building department of the City and such application shall contain among other things, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. (Ord 435 §1, 1972)