(A) Property owners in the town are responsible to maintain all existing or pre-existing sidewalks located within the town limits on each property owner’s lot or lots, and that the property owners will be responsible to maintain and keep in good repair all sidewalks now situated on their property or previously situated on their property, at the property owner’s expense.
(B) If a property owner fails to maintain in good repair the sidewalks located on the property owner’s lot or lots, the Superintendent of the town shall have the authority to inspect and order appropriate sidewalk maintenance be completed by the property owner within 30 days, at the property owner’s expense.
(C) Any sidewalk removed, buried or damaged by a property owner or on behalf of a property owner shall be replaced according to the Town Superintendent’s requirements within 30 days from the date of removal or damage, at the property owner’s expense.
(D) If the Town Superintendent determines that a sidewalk should be constructed upon a property where no sidewalk is located, the Town Superintendent may order a property owner to construct a sidewalk according to the Superintendent’s requirements, at the property owner’s expense.
(E) If a property owner fails to follow the Town Superintendent’s order issued under divisions (B) or (D) above or fails to meet the requirements set forth in division (C) above, then the Superintendent shall report the property owner’s failure to the Town Council. The Town Council shall have the authority to order the work completed at the property owner’s expense as set forth in I.C. 36-9-36-17.
(F) As used in this section, the term MAINTAIN shall mean to ensure the existence of a concrete surface or surfaces which are flat, with a grade of less than five degrees of slope, multiple sidewalk sections must be a constant height not to vary more than one inch in height from section to section; and the sidewalk section or sections must be without cracks which hinder or impede the use of the sidewalk. Sidewalks must be a minimum of 48 inches in width and four inches in depth.
(Ord. 2007-05, passed 10-2-2007) Penalty, see § 94.99