(A) Every property owner shall be responsible for maintenance and repair of sidewalks on his or her property. In constructing new sidewalks, the abutting property owner shall construct his or her own sidewalk, and thereafter, shall maintain and repair the same. On any claim presented for bodily injury or property damage on a sidewalk, resulting from the condition of the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Alternatively, should the city be called upon to make such payment to a third party, the city will look to the adjoining/abutting landowner for contribution and indemnity. (‘85 Code, § 12.26) (Ord. 44-1978, passed - -78)
(B) Any citizen, prior to replacing or repairing a quadrant of the city’s sidewalks, shall be required to replace or repair the quadrant in such a manner as to include a wheelchair ramp in a portion of the quadrant, as may be prescribed by the City Engineer. Specifications for the placement and construction of the quadrant shall be on file with the office of the City Engineer.
(1) Any citizen or business constructing sidewalks at any place in the city where it is desirable to have a wheelchair ramp, shall be referred to the City Engineer for a final determination on said construction. If, after inspection by the City Engineer, it is determined that a wheelchair ramp should be placed at the location of such construction, then the citizen or business shall construct the wheelchair ramp according to the specifications prescribed by the City Engineer.
(2) Any person, firms or organizations who deem themselves to be harmed in any way by this section may appeal the City Engineer’s decision regarding the placement of wheelchair ramps to the Board of Public Works and Safety of the city for a final determination thereon.
(‘85 Code, § 12.27) (Ord. 20-1981, passed - -81; Am. Ord. 1-2006, passed 1-9-06)