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The abutting property owner or person enjoying the use of any property abutting on a sidewalk that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article. (Ord. Nos. 8590; 15123)
It shall be the duty of any property owner, landlord, tenant, lessee, sublessee, person, firm or corporation making special use of any sidewalk for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited herein or not, to keep such sidewalk, parkway and driveway abutting such property in a good and safe condition and free from any defects or hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character. (Ord. Nos. 8590; 15123)
When action is taken by the director to enforce this article, such action is in the name of and on behalf of the city, and the director so acting for the city is not personally liable for any damage that may accrue to persons or property as a result of any action committed in good faith in the discharge of official duties. Any suit brought against the director by reason thereof will be defended by the city attorney throughout the proceedings. (Ord. Nos. 8590; 22026)
(a) The director has authority to take the legal steps necessary to secure compliance with this article.
(b) The director has the right to enter any premises in the discharge of official duties or for the purpose of making any inspection, reinspection, or test or otherwise to ensure compliance with this article.
(c) The director has the power to inspect or reinspect surfacing and the laying of surfacing materials and issue notices or affix them to premises or to reject surfacing materials not meeting the standards provided in this article, and shall have such other powers provided in this article. The director has the power to control and regulate improvements and facilities placed upon public property and the power to cause to be removed all obstructions and encroachments not in conformance with a valid permit and the requirements of this article. (Ord. Nos. 8590; 22026)
No person shall construct, reconstruct, alter, repair, remove, replace, pave, repave, surface or resurface any walk, drive, curb, gutter, paved area or appurtenance on public property in the city without first obtaining from the building inspector a permit so to do. (Ord. 8590)
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