A. Responsibility Of Property Owners: It is the responsibility of all property owners to reasonably maintain any sidewalk constructed of in a public right of way that abuts the owner's property. This Subsection A is not intended and shall not be relied upon to determine the standard of care in any civil action for negligence to include an action asserting negligence per se.
B. Standards:
1. Except as otherwise provided in the City Code or pursuant to authority granted by the City Code, all sidewalks shall be constructed of concrete with a minimum of four inches (4") in depth and with a width determined as follows:
a. Four feet (4') for sidewalks along all unclassified roadways or roadways classified as local residential in the City's Master Plan and along roadways determined by the City Development Department to be functionally equivalent to "local residential" as that term is used in the City's Master Plan; or
b. Five feet (5') in width for all other sidewalks, to include sidewalks along roadways classified as residential collector or higher in the City's Master Plan or along roadways determined by the City Development Department to be functionally equivalent to or higher than "residential collector" as that term is used in the City's Master Plan.
2. All sidewalks shall be constructed, maintained, reconstructed, and repaired in compliance with current City of Elko standards and federal and state laws, to include all applicable provisions of Title II of the Americans with Disabilities Act, Sections 504 and 795 of the Rehabilitation Act, and the Fair Housing Act.
C. Reconstruction And Repair:
1. The City Development Manager or her or his designee may require the reconstruction or repair of sidewalks under the following circumstances:
a. The reconstruction or repair of a sidewalk is required as a condition of approval for a division, merger, or change in the use of the abutting property, or;
b. The abutting property owner's actions resulted in damage to the sidewalk necessitating repair or reconstruction; provided the City Development Department may impose an assessment or other charge authorized by law on the abutting property owner for any reconstruction or repair of a sidewalk if the reconstruction or repair is performed by the City or its contractor in a public right-of-way at the direction of the City Development manager or her or his designee.
c. The abutting property owner abandons any existing curb cuts or driveway approaches.
2. Any sidewalk ordered repaired or reconstructed by the City Development Manager or her or his designee shall be repaired or reconstructed by the owner of the property which abuts upon the sidewalk. The property owner shall cause the reconstruction or repair to be constructed by a properly licensed contractor, within a time period set by the City, not to exceed ninety (90) days. Notwithstanding any other provision in this Section, the City may, at the request of the property owner and in the City’s sole discretion, accept an appropriate bond for the needed repairs or reconstruction to allow for completion at a later date due to weather. (Ord. 841, 7-9-2019; amd. Ord. 857, 4-27-2021)