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(A) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of the negligence of the owner in failing to maintain the sidewalk in good condition.
(B) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty § 151.003 imposes, the person shall compensate the city for the amount of the damages paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this subchapter.
(Prior Code, § 3.120) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
Whenever the City Manager or designee determines that a sidewalk is defective, notice of the nature of the defect and the location of the defective sidewalk shall be given to the adjacent property owner, together with a demand that the defect be repaired at the expense of the owner within 30 days of the date of the notice.
(Prior Code, § 3.125) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
Whenever the City Manager or designee determines that a sidewalk is defective, notice of the nature of the defect and the location of the defective sidewalk shall be given to the adjacent property owner, together with a demand that the defect be repaired at the expense of the owner within 30 days of the date of the notice.
(Prior Code, § 3.130) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
The owner of the property adjacent to the defective sidewalk shall cause the necessary repairs to be made in accordance with the standards and specifications of the city for sidewalk construction within 30 days from the date of personal service or the date of mailing of the notice to repair. The time within which the repairs are to be made may be extended by the City Manager or designee, for good cause shown, but the extension shall not exceed 30 days. Applications for time extensions shall be submitted in writing.
(Prior Code, § 3.135) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
If the required repairs to the sidewalk have not been completed within the time allowed, the city may make the necessary repairs and charge the cost, including reasonable engineering and inspection costs, to the adjacent property owner. The repair may be made either by the city or by a private contractor chosen by the city.
(Prior Code, § 3.145) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
After costs of repairs made by the city have been calculated, the property owner shall be notified in the manner provided by § 151.006.
(Prior Code, § 3.150) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
If the adjacent property owner fails to pay the costs of repair of the defective sidewalk within 30 days of the date of the notice declaring the cost of the repair, the cost shall be entered by the City Recorder in the docket of city liens and shall be collectible in the same manner as liens for public improvements.
(Prior Code, § 3.155) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
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