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
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)
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)
A. Cleaning Sidewalks: Every owner and occupant of real property within the City shall keep the public sidewalks which abut or are adjacent to their real property, or public sidewalks located upon real property subject to a public easement or right of way, in a clean condition free from projections and obstructions across the surface, debris, litter, or dangerous conditions not involving the structural integrity of the sidewalk.
B. Notice Of Damage To A Public Sidewalk: It is the responsibility of every owner and occupant of real property within the City to notify the City Engineer of any damage to a public sidewalk which abuts or is adjacent to that owner's real property, or public sidewalk located upon the owner's or occupant's real property subject to a public easement or right of way.
C. Notice Of Damage To A Public Sidewalk; Individual's Or Entity's Fault: It is the responsibility of any individual or entity to notify the City Engineer of any damage to a public sidewalk which occurs or may occur as a result of that individual's or entity's action or inaction.
D. Civil Liability: The owner or occupant of the real property or both and an individual or entity whose action or inaction results in damage to a public sidewalk, shall be primarily liable in tort for any injury proximately caused by failure to comply with this section.
E. Removal; Replacement; Reconstruction: Upon any development, substantial redevelopment or platting/replatting of property, any existing sidewalk that, as determined by the City Engineer: 1) poses a public safety concern; or 2) does not function as intended or meet current City standards; or 3) exhibits excessive deterioration, shall be removed and replaced or reconstructed at the owner's or developer's expense. (Ord. 812; 1968 Code §10-84; Ord. 90-160; Ord. 01-42; Ord. 05-57)
A. No real property owner or occupant shall be entitled to any notice from the City or its agent of the necessity for cleaning of any public sidewalk which abuts or is adjacent to the real property or located within a public easement or right of way to which the real property is subject as a prerequisite to the duty of public sidewalk cleaning by the real property owner.
B. The City Engineer may give notice of the need for cleaning of any public sidewalk to be served upon the owner or occupant of the real property upon which the public sidewalk abuts or is adjacent, or the owner or occupant of real property which is subject to a public easement or right of way. The notice shall be in writing and may be addressed to the owner or occupant at the address of the property.
C. If cleaning of the public sidewalk is not completed within ten (10) days after mailing or delivery of the notice, the City may cause cleaning to be made and bill the cost of the cleaning to the abutting or adjacent real property owner or the real property owner subject to the public easement or right of way. If the owner fails to pay these costs and charges within thirty (30) days after billing is made, the costs and charges shall be assessed to the abutting or adjacent real property or the real property subject to the public easement or right of way in the manner and with the effect provided in chapter 2, article 6, "Taxation–Special Assessments", of the City Code. Any lien or assessment against property pursuant to this section shall be a priority lien.
D. The City Engineer may find and determine that an individual, party or entity other than the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, is responsible for causing the need for repairs or reconstruction of a public sidewalk. If this determination is made the responsible individual or entity shall be required to comply with this section as if the responsible individual or entity were the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, except any assessment of costs shall be made against the responsible individual or entity, any lien against property may be placed on any property within the state of Colorado owned by the responsible individual or entity, and the City Attorney shall be authorized to pursue all available remedies for the recovery of repair or replacement costs in the Colorado courts. Any lien or assessment against property pursuant to this section shall be a priority lien.
E. The City Engineer may find and determine that the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, is responsible for causing the need for repairs or reconstruction of a public sidewalk. If this determination is made, the City Engineer may cause notice of the need for repairs or reconstruction of any public sidewalk to be served upon the owner or occupant of the real property upon which the public sidewalk abuts or to which the real property is adjacent, or the owner or occupant or real property subject to a public easement or right of way. The notice shall be in writing and may be addressed to the owner at the address of the property.
F. If repairs or reconstruction are not made within thirty (30) days after the mailing or delivery of the notice to the appropriate party, the City may cause the repairs or reconstruction to be made and bill the cost of the repairs or reconstruction to the abutting or adjacent real property owner or the owner of the real property subject to a public easement or right of way. If the owner fails to pay the costs and charges within thirty (30) days after billing is made, the same shall be assessed to the abutting or adjacent real property or to the real property subject to the public easement or right of way in the manner and with the effect provided in chapter 2, article 6, "Taxation–Special Assessments", of the City Code. If the need for repairs or reconstruction of the public sidewalk poses a dangerous condition as determined by the City Engineer and Risk Manager, the City, without notification to the property owner or occupant, may take any action it deems necessary including the billing and assessment of any costs involved in accord with this section. Any lien or assessment against property pursuant to this section shall be a priority lien. (Ord. 2452; 1968 Code §10-91; Ord. 90-160; Ord. 01-42; Ord. 05-57)
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