ARTICLE 4 SIDEWALKS

PART 1 CONSTRUCTION AND MAINTENANCE

SECTION:

3.4.101: Definitions

3.4.102: Sidewalks To Conform To Grade And Standard Specifications

3.4.103: Responsibility Of Real Property Owners And Occupants

3.4.104: Notice To Clean And Repair Or Reconstruct; Procedure

3.4.105: Irrigation Boxes Crossing Sidewalk

3.4.106: Gates Over Sidewalk Or Alley

3.4.107: Penalty

3.4.101: DEFINITIONS:

DANGEROUS CONDITION: A physical condition of the sidewalk or use thereof which constitutes an unreasonable risk to the health or safety of the public which the real property owner or occupant abutting or adjacent to the sidewalk or the real property owner or occupant whose property is subject to a public easement or right of way knows to exist or in the exercise of reasonable care should have been known to exist.

INJURY: Death, injury to a person, damage to or loss of property, of whatever kind, which could lie in tort regardless of whether that may be the type of action or form of relief chosen by a claimant.

PUBLIC EASEMENT: An easement conveyed to the City of Colorado Springs whether by grant or otherwise within which a sidewalk is located.

REAL PROPERTY: Any lot, parcel or tract of land that is not a public right of way or a lot, parcel or tract of land that is subject to a public easement or right of way.

SIDEWALK: A walk primarily designed for pedestrian use within a public right of way which lies between the real property line and the curb line of the street or roadway, or, if there is no curb line, between the real property line and the traveled part of the street or roadway or a walk primarily designed for pedestrian use located within a public easement or right of way. Any public right of way, between real property lines, which provides pedestrian access to abutting or adjacent real properties, platted as a midblock walkway, or as a midblock walkway located within a public easement or right of way, shall be deemed a sidewalk for purposes of this chapter. (Ord. 3587; 1968 Code §12-13; Ord. 90-160; Ord. 01-42)

3.4.102: SIDEWALKS TO CONFORM TO GRADE AND STANDARD SPECIFICATIONS:

Sidewalks, curbs and gutters shall be constructed in accord with City standard specifications. No sidewalk, curb or gutter shall be constructed until the proper line and grade shall have been approved by the City Engineer, constructed in accord with the lines and grades approved by the Engineer and subject to the Engineer's superintendence, direction and control. It shall be unlawful for any person to construct, or cause to be constructed, any sidewalk, curb or gutter in any different manner than is provided in this part or upon any line or grade different from that established or approved by the City Engineer. If any sidewalk, curb or gutter shall be constructed at a line or grade other than as established or approved by the City Engineer, the City Engineer shall direct the responsible person to cause the sidewalk, curb or gutter to be taken up and relaid at the responsible person's own expense within a reasonable time. If the responsible person shall fail or refuse to re-lay the sidewalk to the proper line and grade, the City Engineer is authorized to do so, using City work forces or by contract, and all costs may be charged to the responsible person. If the responsible person fails to pay the costs and charges within thirty (30) days after billing is mailed, the person shall be assessed to the abutting or adjacent real property or the real property subject to a public easement or right of way in the manner and with the effect provided in the City's Tax Code. (Ord. 753; 1968 Code §12-12; 1980 Code; Ord. 90-160; Ord. 01-42)