A. Unsafe Sidewalks: No person or entity owning or controlling any lot or property within the city shall permit any footway or sidewalk contiguous thereto or running along the street line thereof to be out of repair, loose or to be unsafe to pedestrians. To determine whether a sidewalk is out of repair, city officials shall evaluate the sidewalk using the following criteria:
1. Sunken Or Lifted: Sunken or lifted refers to those sections of sidewalk where there exists a differential settlement or lifting between two (2) sections of sidewalk; it can occur at joints or cracks in the concrete. A differential of one-half inch (1/2") or more shall be prima facie evidence that the sidewalk is out of repair and unsafe to pedestrians.
2. Cracked: Cracked sidewalk refers to breaks in the concrete itself. A crack of more than one-half inch (1/2") in width shall be prima facie evidence that the sidewalk is out of repair and unsafe to pedestrians.
3. Spalled/Scaled: Spalling and scaling refers to the disintegration of the surface of the concrete. Spalling or scaling of more than ten percent (10%) of the sidewalk shall be prima facie evidence that the sidewalk is out of repair and unsafe to pedestrians.
B. Completion Of Repairs: The person or entity owning or controlling a lot or property within the city where there exists a footway or sidewalk contiguous thereto or running along the street line thereof which is out of repair or is in a condition unsafe to pedestrians, shall, upon notice by the city, effectuate repairs within fifteen (15) days. The code enforcement department shall be authorized to grant an extension of this fifteen (15) day period if it is determined that an extension is required to effectuate said repairs.
C. Maintenance And Repair Specifications: Each sidewalk shall be maintained and repaired to the specifications and requirements contained in section 8-1-3 of this chapter.
D. Violation: The failure to make or commence repairs within fifteen (15) days, unless an extension has been granted, or the failure to make repairs consistent with section 8-1-3 of this chapter shall be a violation of this section.
E. Other Remedies: Nothing in this section shall be construed to deprive the city of the remedies set forth in New Mexico Statutes Annotated section 3-49-4. (Ord. 1031, 9-11-2000)