(A) Maintenance of trees and sidewalks. All trees and sidewalks located in the public right-of-way between property lines and the edge of the street pavement shall be maintained by the owner of the property abutting the public way wherein the sidewalk is located or the tree grows.
(1) It shall be the duty of each owner and occupant of real estate abutting the public way wherein trees are growing or sidewalks exist between property lines and the edge of street pavements, and if the property is unoccupied and the owner is absent from the city or cannot be found, it is also the duty of the agent of such owner or the person having charge of such realty, upon due notice and within two weeks after receipt of written notice thereof from the city or any citizen of the city who files a written copy thereof with the City Clerk/Treasurer:
(a) To trim the trees and maintain the sidewalks so that same are safe for normal public use;
(b) To maintain tree limbs extending over a sidewalk to such an extent that no portion of same shall be less than seven feet above the sidewalk.
(2) It shall be the duty of each such owner to comply with this section with regard to the trees or sidewalks, and if the owner is absent from the city or cannot be found, then the duty of his agent or the person having charge of the property who shall fail to trim or remove trees or repair the sidewalks as hereinabove required. Any person having said duty and failing to perform same shall be deemed to be personally liable in a civil action for any personal injury or property damage proximately resulting therefrom.
(3) Sidewalks hereinafter installed, repaired, or replaced in the city shall be of concrete, with reinforcements.
(a) Sidewalks shall be repaired or replaced so as to conform with adjoining grades and widths; however, all newly-installed sidewalks shall be 48-inch minimum width.
(b) All walks shall be finished with a tool leaving a nonskid surface.
(c) No steps or uneven surfaces shall be permitted between old and repaired sidewalk surfaces without approval of City Council.
(d) Where possible to conform to adjoining sections of pavement, or if there its no adjoining pavement, the sidewalk shall be constructed with a fall of 1/4-inch per foot with flow toward the curb, and the curb shall be six inches high.
(e) All sidewalks hereinafter installed or replaced shall be so designed as to be accessible to and traversable by the disabled and so as to facilitate the removal of ice and snow.
(4) Any variances from the above specifications may be granted only by City Council upon clear and convincing showing by the owner of the property in question, through a qualified expert or experts, as to the safety of the property and as to the general compliance of the proposed walk with the neighborhood aesthetically.
(Ord. 89-2, passed 5-17-89)
(B) Maintenance by city. Notwithstanding any provision herein to the contrary, the city may, at its election and without notice other than herein provided, effect the trimming or removal of trees or repair or replacement of sidewalks required herein and bill the responsible persons for the actual cost of labor and materials or the contract price. In such event, the responsible person paying the bill within ten days after receipt shall be subject only to the minimum fines herein provided.
(C) Additional planting/sidewalk installation. No additional trees shall be planted nor additional sidewalks installed between the property lines and the street pavements without a permit from the Superintendent of Public Works.
(Ord. 85-2, passed 4-18-85) Penalty, see § 91.99