(a) It shall be the duty of every owner, occupant, person or agent having charge of any tenement, building, lot or land fronting on any avenue, street, alley, road or other public highway of the City, abutting on sidewalks and curbs to keep such sidewalks and curbs, and also the tree lawn or grass strip existing between any such sidewalks and curbs, in a state of good repair and safe condition in front of or adjacent to their premises, and to further prevent the existence of any nuisance or hazard to persons or property upon such tree lawns or grass strips arising by any reason whatsoever, including the criteria specified in Section 919.03 of the Codified Ordinances. Said duty shall also mean being responsible for the construction, maintenance, replacement and repair of necessary sidewalks and curbs, or parts thereof. It shall be the duty and responsibility of the Engineering Department to inspect the sidewalks upon receipt of a complaint. It shall be the duty of the Director of Public Service and Safety to give first cause notice to be given to the owner of the premises abutting upon such sidewalks, curbs, grass strips or tree lawns of any repairs or improvement required to be made pursuant to this section.
(b) If such owner does not, within sixty (60) days after notice to do so weather permitting, make the necessary repairs or improvements to such sidewalks, curbs, drain lines, tree lawns or grass strips, Council, upon resolution, shall notify the property owner of its intent to make the necessary repairs and shall thereafter, if repairs are not made within five days after the service of notice of the resolution, authorize the Director of Public Safety and Service to make the necessary repairs and improvements, and further direct that the expense of such repairs or improvements shall be assessed upon the property so abutting and certify to the County Auditor for collection in the manner of other taxes and assessment against real estate.
(c) The Auditor shall certify such expense to the County Auditor upon the report of the Safety Service Director, which expense shall be placed on a tax duplicate and collected as other taxes are collected, or the Auditor may collect the expenses by civil action before the municipal court or any justice of the peace against the owner of the property.
(d) Any owner, occupant, person or agent shall be liable in money damages to any person, who while in the lawful use of such sidewalk, sustains an injury to person or damage to property, by reason of the failure of such owner, occupant, person, or agent in charge, to maintain the sidewalk in good repair and free from any defects.
(Ord. 14-2011. Passed 4-4-11.)