(A) Inspections and reports. The owner of any private property within the city abutting a sidewalk (whether or not such sidewalk is on the Sidewalk Master Plan) shall report any defective, unsafe, or broken sidewalk to the Public Works Director. The Public Works Director shall cause inspections to be made throughout the city, at such time as are reasonably necessary, to determine whether public sidewalks within the city are safe for pedestrians.
(B) Barricades and signal lights. Whenever any materials of any kind are deposited on any sidewalk when sidewalk improvements are being made, or when any sidewalk is in a dangerous condition, it is the duty of all persons having any interest in the property in front of or along which such material may be deposited, or where such dangerous condition exits, to put in conspicuous places at each end of such sidewalk and at each end of any pile of materials deposited in the street, a sufficient number of approved barricades and/or signal lights, and to keep such signal lights burning continuously to secure the same.
(C) All sidewalks.
(1) Duty to repair. The owner of any private property within the city abutting a sidewalk (whether or not such sidewalk is on the Sidewalk Master Plan) shall keep the sidewalk in repair and safe condition. The only exceptions to the above are cases in which the city has damaged sidewalks through maintenance or repair of city-owned infrastructures such as water, sewer, or storm sewers, or damage caused by boulevard trees. In these instances, the city, after approval by the City Council, may accept the responsibility for the repair or replacement of sidewalk damaged through its own actions. A sidewalk damaged by a homeowner’s own negligence shall be the responsibility of that homeowner. All sidewalk repair shall be done by the city, unless otherwise determined by the City Council.
(2) Repair.
(a) If the Public Works Director finds that any sidewalk abutting on private property is unsafe, defective, or in need of repairs, he or she shall cause a notice to be served. The notice shall be served upon the record owner by personal service, or upon the record owner and occupant by registered or certified mail to his or her last known address if the owner does not reside within the city or cannot be found therein. The notice shall inform the owner that the city will be repairing the sidewalk within a reasonable period of time, that the expense thereof must be paid by the owner, and that if unpaid, it will be made a special assessment against the property concerned, if the work is performed by the city.
(b) After service of the notice, the Public Works Director shall report the facts to the City Council. The City Council may, by resolution or motion, order the construction or repairs to be made. If the City Council orders construction or repairs to be made, the Public Works Director shall keep a record of the total cost of repair attributable to each lot or parcel of property and report such information to the City Clerk.
(c) The city shall be responsible for the total cost of repairing the sidewalks in the designated areas of the city. If there are any further repairs to these same sidewalks, the costs shall be shared equally between the city and the landowner.
(3) Special assessments. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each type of repair service against each separate lot or parcel to which they are attributable under this subchapter. After notice and hearing as provided in M.S. § 429.061, the City Council may spread the charges against the property benefitted as a special assessment under M.S. § 429.101 and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten years, as the City Council may determine in each case.
(Ord. 100, passed 1-13-10) Penalty, see § 92.99