(A) The owner of lots, or portions of lots, fronting on any portion of a public street shall clean, repair and maintain sidewalk areas. The sidewalk area shall be maintained in a safe condition such that it does not endanger persons or property during reasonable use. The failure to maintain the sidewalk area in a safe condition is negligence. Liability for any injuries occurring from such negligence is assigned to the owner of the lot fronting the sidewalk.
(B) The owner is not liable for conditions created or maintained upon or in connection with the sidewalk area by any person other than the owner under any permit or right granted by law and by the city. During the period of the permitted activity, the permit holder assumes the duties and obligation of division (A) of this section. It is the duty of the permit holder to leave the sidewalk area in a safe condition during periods of inactivity and upon the completion of the permitted activity.
(C) It is the duty of the city to notify the owner or person in possession of the property when any portion of the sidewalk area presents a condition which endangers persons or property during reasonable use. The notice shall be in writing and be delivered in person or by certified mail to the occupant of the premises, and also to the owner of the property if not the same as the occupant. The notice shall describe the property by a recorded map, metes and bounds, assessor's parcel number, and shall include the street address of the property. The notice shall describe the hazardous condition and the repairs required. The repair must begin within 14 days from the date of the notice and be completed without unreasonable interruption or delay. If the work is not begun within 14 days, the city will cause the work to be done and the cost to be assessed against the property owner in accordance with Chapter 22 of the Improvement Act of 1911.
(D) For purposes of this section, “maintenance and repair of sidewalk areas” shall include but not be limited to removal and replacement of sidewalks; removal and filling or replacement of parking strips; removal of weeds and/or debris; and trimming of trees, shrubs, hedges and/or ground cover.
(E) Nothing in this section shall be deemed to diminish any rights of the city to seek indemnification from abutting landowners.
(F) For purposes of this section “conditions of sidewalk areas which are deemed likely to endanger persons or property during reasonable use” shall include but not be limited to: broken. cracked or spilled concrete or asphalt surfacing; litter, debris; holes; rough or uneven surface; or otherwise hazardous conditions of improved or unimproved sidewalk areas.
('61 Code, § 18.45) (Ord. 702, passed - - ; Am. Ord. 1060, passed - - )