(A) It shall be the duty of event person owning lots or real estate fronting and abutting on any sidewalk in the city to maintain, at his or her own expense and in a suitable state of repair, the sidewalk, so far as it fronts or abuts upon his or her lots or real estate.
(1) The city shall be solely and fully responsible for the repair, replacement or reconstruction of that portion of any sidewalk damaged by a city-owned tree.
(2) The city shall pay for ADA required components on city-owned sidewalks.
(3) While the sidewalks are the responsibility of the abutting property owner, the city is responsible for curbs and gutters abutting city- owned sidewalks.
(B) Every property owner shall repair all holes, uneven surfaces and other defects in the sidewalk, and he or she shall reconstruct or replace all or any part of the sidewalk that is not capable of ordinary restoration or repair. The material used for the repair, replacement or reconstruction shall be of similar grade and texture as that used in the construction of the sidewalk.
(C) The grade of any sidewalk or driveway constructed in accordance with the specifications for the construction and repair of sidewalks and driveways shall conform to the curb grades of the street and slope regularly from the top of the curb to the property line at a rate of from one-fourth to one- half of an inch to each foot, as the Public Works Department or other designated city staff may direct. At street intersections the slope of the sidewalk or driveway shall be worked out under the direction of the City Manager’s designee. If, in any particular case, the provisions of this section shall be found to be impracticable, the City Manager’s designee is authorized to modify their strict application. Where the owner is dissatisfied with the modification proposed by the City Manager’s designee, he or she may appeal to the City Manager, whose decision shall be final.
(D) If a City Code Enforcement Officer issues a notice of violation to a person or business entity or someone responsible for maintaining real property (hereafter “person”) for violating the city’s codes related to sidewalk maintenance and repair, that person shall have the following options:
(1) Repair the sidewalk using the person’s own resources or own contractor;
(2) Repair the sidewalk with the use of a city-approved contractor at rates established by the city and the contractor, paying the city directly or through a three-year tax assessment plan; or
(3) Repair the sidewalk with the use of a city-approved contractor, and apply for a city match-grant in accordance with guidelines to be established by the City Engineer and staff.
(E) To be eligible to participate in a three-year tax assessment plan or a match-grant, a person must be in good standing with the city pursuant to applicable city ordinances.
(F) To be eligible for a match-grant, the person must live in and own the property.
(G) Any person repairing a sidewalk must obtain an appropriate permit from the city, and build the sidewalk in accordance with applicable standards approved by the city.
(H) Financing options.
(1) Owner-occupied properties, absentee owned properties and commercial properties may pay the cost of sidewalk repair, replacement or reconstruction through a three-year tax assessment plan, added to their city property tax bill. The City Finance Department is directed to develop the terms and conditions of the sidewalk repair assessment, including interest charges.
(2) Low income owner-occupants may be eligible for a 50-50 match from city resources or a 75-25 match depending on their income. Eligible income levels shall be established by the City Manager of his or her designee. Low income property owners are also eligible for the three-year tax assessment plan for their portion of the cost.
(1984 Code, § 96.22) (Ord. O-04-20, passed 1-28-2020) Penalty, see § 96.999