§ 903.01  RESPONSIBILITY FOR CONSTRUCTION, MAINTENANCE AND REPAIR.
   (A)   The construction, maintenance and repair of all sidewalks and driveways within the city shall be the responsibility of and shall be done at the expense of the person owning the lot fronting upon any street or alley where such improvements may be required to be made.
   (B)   Where, in the interests of the city, work is required to be done which may involve the reconstruction of otherwise good sidewalk, or for other good and sufficient reason, the city may perform the work and shall bear the cost thereof. In addition, the city may perform work in connection with sidewalk and or curb and gutter for a public utility regulated by the Public Utilities Commission of the state or a person holding a franchise from the city, providing the public utility or person shall pay the cost thereof, including overhead.
   (C)   The construction of all new sidewalks and driveways shall be required in accordance with the Subdivision Code. City Council may, at their discretion, initiate a project requiring the construction of new sidewalks in certain areas where they currently do not exist. Such projects shall be the responsibility of and shall be done at the expense of the city. Upon the completion of the project and after a period of one year after the final acceptance by the city, the maintenance and repair of the sidewalk and driveways shall fall to the person(s) owning the lot fronting upon the improvements.
   (D)   The construction and repair of all curb  and gutter along public roadways within the city shall be the responsibility of and shall be done at the expense of the city.  Curb and gutter shall be repaired/replaced based on a field inspection by the City Engineer. As part of the city's annual street resurfacing program, the City Engineer shall designate improvement areas. In these improvement areas, new curb and gutter may be installed and/or defective curb and gutter shall be repaired or replaced at the expense of the city. Only the defective curb and gutter within the defined improvement areas will be replaced at the expense of the city. The property owner may elect to repair and/or replace defective curb and gutter that is not within the annual improvement areas at the property owner's sole expense.
(Am. Ord. 6594, passed 3-26-91; Am. Ord. 8901, passed 2-24-04)  Penalty, see § 903.99