All sidewalks shall be inspected by and approved for public use and structural integrity annually by the designated city inspector. After the inaugural inspection of all sidewalks and curbs the city will make the necessary upgrades and repairs as needed to meet inspection standards, at which point the sidewalks and curbs will become the owners’ responsibility to maintain and meet inspection standards. After a sidewalk has passed inspection, been improved or constructed, either alone or in combination with a curb, the owner of land abutting the street area in which the sidewalk has been constructed shall be responsible for maintaining such sidewalk and curb in good repair. If the city inspector finds that any such sidewalk or curb needs repair, he or she shall post a notice on the adjacent property headed “Notice to Repair Sidewalk” (or curb) which shall in legible characters direct the owner, agent, or occupant of the property immediately to repair the sidewalk or curb, or both in a good and substantial manner in accordance with the plans, specification and regulations of the city. The city inspector shall send by mail a notice to repair the sidewalk or curb, or both, to the owner, if known, of such property, or to the agent (if known) of the owner, directed to the post office address of the owner or agent when known, or if the post office address is unknown, the notice shall be directed to the owner or agent at the address where the notice was posted. A mistake in the name of the owner or agent, or a name other than that of the true owner or agent of the property, or mistake in address shall not invalidate said notice, but in such case the posed notice shall be sufficient.
(A) Responsibility of Owner. The abutting property owner of any damaged, defective, or unsafe sidewalk should report it immediately to the proper city authorities. It shall be the abutting property owners’ responsibility to also report any sidewalk that has been damaged due to negligence or unauthorized activity and may present a hazard or safety issue for pedestrian traffic.
(B) Notice to Repair. Upon inspection by the designated city inspector and/or if it is determined that any section or portion of any sidewalk is not in a reasonably safe condition for pedestrian traffic, due to negligence, vandalism or unauthorized use upon notice thereof by the city, the abutting property owner or responsible party causing the defective sidewalk shall repair or reconstruct the sidewalk within thirty (30) days from notice thereof in a manner so directed by the city.
(C) Failure to Comply. If and when any portion of any sidewalk in the corporate limits is deemed by the city to be unsafe for pedestrian traffic and so notifies the responsible party for damage and the responsible party fails or refuses to comply with the orders of the board then in that event the city may cause or contract for the repair and reconstruction of the sidewalk. In the event the owner or responsible party causing the damage to property abutting the sidewalk fails, upon notice, to make the necessary repairs and the repairs are made by the city, the owner of the abutting property shall be personally liable for the cost of the repairs, including penalties, interest and other charges, and the city may bring a civil action against the responsible party and shall have the same remedies as provided for the recovery of a debt owed.
(D) Failure to Pay; Penalty. If the owner or responsible party fails to pay for the improvement within sixty (60) days from completion of the work, or to have negotiated a payment arrangement, they will be responsible for all charges incurred including interest on the amount due until paid.
(Ord. 54-5 (part), 1954; Amended during 1993 codification; Am. Ord. 2016-04, passed 11-10- 16)