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Where the elevation or topography of any lot or parcel of land abutting upon a sidewalk is such in relation to the sidewalk that earth, stone, sand or gravel slide, fall or are carried upon such sidewalk by force of gravity or by action of water, the owner or person in charge or control of such lot or parcel of land shall within twenty-four (24) hours after the depositing of such matter upon the sidewalk, remove or cause the same to be removed. If by reason of the elevation or topography of such lot or parcel of land a recurrence of such obstruction or nuisance upon the sidewalk is probable or reasonably to be anticipated, the owner or person in charge or control of such lot or parcel of land shall construct upon his or her land such suitable retaining wall or other device as will effectually prevent such recurrence.
No owner, agent, employee or other person shall open or remove, or permit anyone to open or remove the cover of any coal hole or grating in any sidewalk, or raise or permit anyone to raise any elevator or lift, or open or permit anyone to open the doors or other device covering any aperture in any sidewalk within the City, without first placing upon the sidewalk, all around the coal hole, elevator, lift, doors or other devices used to cover such aperture, a railing or other suitable structure or obstruction not less than three (3) feet high, and sufficient to protect and to warn foot passengers that the aperture is to be opened. During the whole time the aperture remains open it shall be protected by the railing, structure or obstruction, as stated herein and the railing, structure or obstruction shall be immediately removed when the aperture is closed.
No owner of real property within the corporate limits of the City nor any agent having control of the same shall permit any gate to be or to remain so constructed as to enable the same to be swung over or across any portion of the sidewalk in front of such premises unless such gate is hung on self-closing hinges or has attached thereto weights, springs or other devices, so that such gate shall swing back from the sidewalk and not obstruct the same.
No person shall raise up from any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other articles of merchandise into the second or higher story of any house, store or other building upon or adjoining the same, and on the outside of the building, and no person shall deliver from the second or any higher story of any house, store or other building, on the outside of the same, which adjoins upon any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other article of merchandise, except at such times and places, and under such restrictions and limitations as the Director of Public Service shall authorize and direct. However, this shall not be construed to extend to raising any materials or other articles which may be necessary in erecting, repairing or taking down any building, or for removing any merchandise or other article, in case of danger by fire or other inevitable casualty.
Every owner, occupant or person having charge of any tenement, building, lot or land fronting on any avenue, street, alley or other public highway of the City, shall clear the whole sidewalk in front of the tenement, building, lot or land, of snow and ice, before 9:00 a.m. of each day; provided, that if the sidewalk in front of the tenement, building, lot or land is not flagged or paved, a pathway thereon shall be cleared of ice and snow to the width of at least five (5) feet. If from any cause it is impossible to remove all the snow and ice which may adhere to such sidewalk, then every such owner, occupant or person having charge shall cover the snow or ice as shall so remain with such coating of ashes, sand or other substance as may be necessary to render travel safe and convenient. Every owner, occupant or person having charge of any tenement, building, lot or land fronting upon any avenue, street, alley or other public highway of the City, shall keep the entire width of the sidewalk, from curb to lot line, free and clear of all earth, sand, brick, stone, rubbish, dead trees and dead branches of trees, or other material which from any cause whatever has accumulated or may accumulate upon the sidewalk above the established grade of the same, and shall also cut and remove from the sidewalk between the lot and curb line, all weeds, grass and vegetable growths that are more than four (4) inches in height. If the owner of any building, lot or land fails to comply with the provisions of this section, then the Director of Public Service may remove the snow, ice, earth, sand, brick, stone, rubbish, dead trees or dead branches of trees, or other material, weeds, grass and vegetable growths, from the sidewalk in front of the premises of such owner, and may charge the expense thereof to such owner. If upon being notified, he or she fails to pay the City the amount of such expense, then the amount may be certified by the proper City officer to the County Auditor, and the same shall act as a lien upon the property of such owner, and shall be collected as provided for in the case of special assessments.
No person shall cast, throw, place or deposit on any sidewalk or crosswalk on any street, avenue or public place within the limits of the City any part or portion of any fruit or vegetable or other substance which when stepped upon by any person is liable to cause such person to slip or fall.
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