(A) Primary liability is fixed upon abutting property owners of the city for injuries, damages and costs caused to any person by any defective or dangerous condition of any sidewalk servitude existing for the benefit of the adjacent property.
(B) The servitudes are to include those of every kind and nature in sidewalks including but not limited to gratings, coal holes, depressions, excavations, elevations, irregularities, obstacles, obstructions or encroachments, natural or artificial, or which overlap, impinge upon or appropriate any part of the sidewalk area or the space above or below it.
(C) The owners of all properties within the city abutting upon or adjacent to sidewalks or pavements are authorized, directed and required to keep the abutting and adjacent sidewalks and pavements in a good and safe condition of repair such as to prevent them from becoming hazardous or dangerous to pedestrians walking thereon.
(D) In the event any person sustains injuries and damages by reason of any such defective or dangerous condition in any sidewalk or pavement, the owner of the property immediately adjoining the area where the injury or damage is sustained shall be liable to the city for any and all amounts of damages, interest and costs which the city is required to pay by reason thereof.
(E) This section shall not be construed as any attempt by the city to escape or shift the primary liability placed by the law upon it in cases covered by this section, but in the exercise of its statutory authority to keep in repair sidewalks or to have the same done. The city establishes this secondary, contributive and indemnifying liability between itself and the owners of property abutting upon sidewalks in cases coming within the purview of this section.
(Ord. 40-2006, passed 10-17-2006)