(A) It shall be the duty of every owner of any lot or part thereof or parcels of land fronting any of the public streets of the city where sidewalks have been constructed abutting the lots or parcels of land to keep sidewalks in good repair, and in a safe and sound condition for the travel of the public, and to keep sidewalks clear of sand, weeds or other obstructions.
(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of any negligence of owner in failing to maintain the sidewalk in good condition.
(2) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(B) If the owner of any lot or part thereof or parcel of land shall suffer any sidewalk along the same to become out of repair, it shall be the duty of the City Engineer to post a notice of repair on the adjacent property headed “Notice to Repair Sidewalk” in letters not less than one inch in length and the notice shall, in legible characters, direct the owner, agent or occupant of the property immediately to repair the same in good and substantial manner, and the City Engineer shall file with the Finance Director/Recorder an affidavit of the posting of the notice stating the date when and the place where the same was posted.
(C) It shall be the duty of the owner, agent or occupant immediately after the posting of the notice and before making repair to obtain from the City Engineer a permit so to do which shall prescribe the kind of repairs to be made, the material to be used and specifications therefor; and the owner, agent or occupant shall make repairs within 20 days from the posting of the notice. If the owner, agent or occupant of any lot or part thereof or parcel of land shall fail, neglect or refuse to make the sidewalk repairs within the time designated, the Council may authorize the City Engineer to make the same, the City Engineer to keep an accurate account of the cost of labor and materials in making the repairs in front of each lot or part thereof or parcel of land fronting on the sidewalk upon which repairs are made.
(D) The Council shall, at the first regular meeting in the month of September of each year, examine the reports upon sidewalk repairs field by the City Engineer in the office of the Finance Director/Recorder during the preceding year, and by ordinance assess upon each of the lots or parts thereof or parcels of land fronting upon sidewalks which have been so repaired, the cost of making repairs and 10% additional to defray the cost of notice, engineering and supervision. In each case all assessments may be combined in one assessment roll and the same shall be entered on the docket of city liens and collected in the same manner as is provided for special assessments for street improvements.
(Ord. 56, passed 5-31-11; Am. Ord. 1100, passed 11-7-77)