(A) All sidewalks, drive pads and curb ramps shall be kept clean from rocks and other obstructions, including ice and snow, and in a state of good repair by the owner, occupants, or agents in charge of the abutting property. Sidewalks, drive pads and curb ramps in good repair shall be free of cracks, floats, obstructions, depressions and/or any and all other defects and shall have a uniform longitudinal and transverse gradient.
(B) Abutting property is relieved of responsibility to keep sidewalks and wheel chair ramps at its rear lot line in good repair in the following situation:
(1) The lot is in a residential zone where only houses and townhouses are allowed;
(2) The lot abuts public streets at both its front and the rear lot lines;
(3) The property does not have the legal right to vehicular access from the street at its rear; and
(4) The lot was platted before June 29, 1983, the effective date of the city's Subdivision Ordinance, set forth in§ 14-16-5-4.
(C) All areas directly over sidewalks, drive pads and curb ramps, to a height of eight feet shall be maintained free of vegetative or other obstruction by the owners, occupants or agents in charge of the adjoining property. Transit benches, transit shelters and other street furniture and utility installations may be placed in this area as long as they are free of commercial advertising unless such advertising is placed pursuant to Section 5-1-3 ROA 1994; the maintenance of such installations is the responsibility of the person installing them.
(D) The sidewalk landscape/buffer area and all plantings therein shall be maintained by the owners, occupants, or agents in charge of the abutting property. Transit benches, transit shelters and other street furniture and utility installations may be placed in this area as long as they are free of commercial advertising unless such advertising is placed pursuant to Section 5-1-3 ROA 1994; the maintenance of such installations is the responsibility of the person installing them.
(E) No item of street furniture or other item which would obstruct pedestrians or effectively reduce the width of a sidewalk below the dimensions established in §§ 6-5-5-14 may be placed in, on, or over the sidewalk unless a waiver allowing such item is obtained from the DRB.
(F) Any owner, occupant, or agent in charge of abutting property or street furniture shall be liable to the city for any claim or demand made upon the city which arises from a direct or indirect violation of §§ 6-5-5-1 et seq. and shall hold the city harmless and indemnify the city for any such claim or demand. When the Mayor determines that there is a violation of this section, he may cause a notice to be served upon the owners, occupants, or agents in charge of the property or street furniture abutting said sidewalk or drive pad or curb ramp or sidewalk landscape/buffer area directing that repair or maintenance or removal of obstructions be made within a designated period of time at the cost and expense of such owners, occupants, or agents in charge of the property or street furniture. If the owners of street furniture or the owners, occupants, or agents in charge of the abutting property fail to comply with such notice of repair or maintenance or removal within the time prescribed, the city will cause the repairing, maintenance or removal to be accomplished and the cost of such repairs or maintenance or removal of obstruction shall constitute a lien against such property and shall be foreclosed in the same manner provided by law for the foreclosure of municipal liens.
(G) Notwithstanding other provisions of this section, when the city declares by legislation that there is an official emergency, the city assumes responsibility for returning sidewalks at least to their state immediately prior to the emergency-related damage. Where the emergency-related damage creates a need to replace and compact soil in the public right-of-way, the city will do this. The city does not absolve owners, occupants, or agents in charge of adjoining property from their duty to make all reasonable efforts to keep sidewalks clean and free from obstructions related to declared emergencies.
('74 Code, § 8-6-18) (Ord. 219- 1972; Am. Ord. 39-1981; Am. Ord. 45-1988; Am. Ord. 77-1989; Am. Ord. 40-2001; Am. Ord. 2017-025)