(A) A sidewalk and/or the individual concrete slabs which comprise it shall be deemed free of hazard in full satisfaction of the duty imposed in § 93.26, if the adjacent property owner maintains each slab within, or between slabs so as to avoid the following conditions:
(1) Stubtoes. The vertical misalignment along any part of the seam between two slabs, or between sections within a slab fractured by cracks, one inch in elevation;
(2) Irregular slope.
(a) Transverse (lateral) slope. Any individual slab or portion of a slab shall not slope either toward the paved portion of the street or the adjoining property at a ratio of more than five-eighths of an inch per horizontal foot;
(b) Longitudinal slope. Slabs, an individual slab or fragmented sections of a slab which is cracked, shall not deviate from the average line of the sidewalk surface level at a ratio of more than one inch per foot;
(3) Gaps. Gaps between slabs in excess of one inch in width; or those caused by the absence of a fragmented section of the sidewalk exceeding one inch in width;
(4) Surface quality.
(a) Cracked slabs. Slabs fragmented by cracks into four or more sections, where any one of the gaps between fragments is greater than one- fourth inch in width; and
(b) Pitted slabs. Slabs whose surface is granular and contains depression(s) in excess of one-half inch in depth. (Depth is to be determined by a two-foot straight edge laid on the surface of the sidewalk.)
(5) Drainage. Any surface irregularity that allows impounding of water for more than one square foot in area.
(B) When any of the above enumerated conditions exist to a degree equal to or greater than that specified, the sidewalk shall be deemed hazardous, and the adjoining owner shall be under a continuing duty to reconstruct the defective sidewalk or slab thereon, in conformity with the specifications for new sidewalk construction contained in § 93.28, as from time to time are established by the village.
(Prior Code, § 94.12) (Ord. 58, passed 12-7-1992)