A. The owner of a parcel of property abutting a public right-of- way is responsible for replacement or repair of curb, gutter or sidewalk abutting the owner's property which has deteriorated to a degree which the City Engineer determines requires repair or replacement. Nothing in this section shall be construed to limit the liability of any person causing damage to curb, gutter or sidewalk located in a public right-of-way. A person who damages any curb, gutter or sidewalk, negligently or otherwise, is liable for the cost of replacement.
B. If the Mayor, upon the advice of the Public Works Director, finds that existing curb and gutter, drive approach or sidewalk fronting on parcels which have a single-family dwelling or a duplex use require replacement, and that inclusion of the repair in a special improvement district is not practical, the City Public Works Department may cause the repair work to be done, subject to the following conditions:
1. The Public Works Director finds that the City has sufficient personnel and related support resources to accomplish the repair work; and
2. Sufficient budgeted funds are available to pay for the repair work.
C. Proposed repair requests under this section will generally be given priority according to the prioritized list maintained by the City Engineer. The Public Works Director may assign a different order of priority to requests to maximize efficient utilization of resources or to coordinate repair work with other public works projects.
D. If the owner of a parcel of property wants to remove curb and gutter, drive approach, or sidewalk that is not on the prioritized list or does not want to wait for the project to be done by the City, then the City will remove the curb and gutter, drive approach, or sidewalk. (Ord. 18-06: Ord. 17-30)