(a) Exterior Property Areas. No owner, agent or occupant of any premises shall maintain or permit to be maintained, at or on the exterior property areas of such premises, any condition which deteriorates or debases the appearance of the neighborhood, reduces property values in the neighborhood, creates a fire, safety or health hazard or is a public nuisance, including, but not limited to, the following:
(1) Broken or dilapidated fences, walls or other structures;
(2) Improperly installed or maintained public sidewalks and driveway aprons which are in a defective condition in any of the following listed particulars:
A. Any block with a single crack more than one-fourth of an inch wide, provided, however, that the block must be replaced if it is uneven, regardless of crack size;
B. Any block with multiple cracks more than one-fourth of an inch wide, provided, however, that the block must be replaced if it is uneven, regardless of crack size;
C. Adjoining sections of blocks or a portion thereof, the edges of which differ vertically by three-fourths of an inch or more;
D. Blocks having a transverse slope in excess of three-eighths of an inch per horizontal foot, converted to inches per five-foot block, toward the street;
E. Blocks having a reverse slope (toward the property) that impound water to a depth of one-half of an inch or more;
F. Blocks having depressions that impound water to a depth of one-half of an inch or more; and/or
G. Blocks having a spalled or scaled surface over fifty percent or more of their surface area. Every public sidewalk shall be made of concrete.
(3) Out-of-use or nonusable appliances, dilapidated automobiles or automobile parts, including snow plow assemblies and similar items;
(4) Rugs, rags or other materials hung on lines or in other places on such premises, which materials are not being used for general household or housekeeping purposes;
(5) Broken, dilapidated or unusable furniture, mattresses or other household furnishings; and
(6) Plastic materials, paints, miscellaneous coverings and/or any other materials, including those described in this section, placed at or on the premises in such a manner as to be patently unsightly, grotesque or offensive to the senses.
(b) Interior Property Areas. Interior property areas of all premises shall be kept free of any debris, object, material or condition which creates a health, accident or fire hazard.
(c) Responsibilities of Owner; Noncompliance. The responsibility to repair or replace any sidewalk or portion thereof lies with the owner of the premises. If the owner of the premises fails, neglects or refuses to comply with any notice of the Director of Buildings or his or her agent to repair or replace their sidewalk or a portion or block(s) thereof, the Director of Buildings or his or her agent is authorized to direct the repair or replacement of the sidewalk or a portion or block(s) thereof by the City or its designees.
(d) Repair Expenses; Recovery. Any expenses incurred in connection with the repair or replacement of the sidewalk or a portion or block(s) thereof shall be the responsibility of and paid by the owner of the premises. If the expenses are not paid by the owner of the premises within thirty days after written notice from the City to do so, the expenses may be recovered in an action at law or may be assessed against the lands of the owner of the premises to become a lien thereon and to be collected in a manner provided by law for the collection of assessments.
(e) Sidewalk Repair Inspection Program. The City's sidewalk repair inspection program is an ongoing, cyclical program whereby different areas of the City are inspected on an annual basis with the goal that the inspection cycle be completed in five years. Notwithstanding the foregoing, the City does not thereby insure, warrant or guarantee the condition of any portion of the sidewalks or driveway aprons.
(f) Private Walks and Driveways. The condition of private walks and driveways, excluding driveway aprons, shall be inspected at point-of-sale inspections pursuant to Chapter 1339.
(g) Sidewalk Repair Program. As a direct result of the passage of the City income tax increase, issue 9, the City has formulated a residential sidewalk repair program in the City. In addition to, and not in lieu of, all other provisions regarding sidewalk repair and maintenance contained in these codified ordinances, the City has initiated a program to repair a certain number of residential sidewalks each year with funds obtained directly from the additional income tax. Not later than June 1 of each year Council shall authorize an amount not less than two hundred thousand dollars ($200,000) from the additional income tax proceeds to be used for the design and construction of residential sidewalk repairs and replacements in accordance with a procedure prepared by the City Engineer and approved by Council.
(Ord. 1995-31. Passed 8-28-95; Ord. 2014-18. Passed 6-9-14; Ord. 2020-20. Passed 7-13-20.)