(A) Duty of owners to make sidewalk repairs. It is made the duty of each owner of land adjoining any street in the city to maintain in good condition and repair the sidewalks on the street adjoining his or her land.
(B) Notice of repair. If an owner of property within the city allows a sidewalk along the same to become out of repair, it shall be the duty of the City Manager or Public Works Director to serve a notice to repair sidewalk upon the owner, agent or occupant of said property. The notice may be personally served or sent by mail. The notice shall direct the owner, agent or occupant thereof to repair the sidewalk within 30 days. If the notice is sent to the agent or occupant of the property, a copy of the notice shall be sent to the property owner.
(C) Permit for repairs. Before making sidewalk repairs, the owner, agent or occupant shall obtain a permit from the city to do so. Application for a permit shall be made on forms provided by the city, shall describe the kind of repairs to be made, materials to be used and specifications therefor and shall be reviewed/approved by the Public Works Director.
(D) Repairs by the city. If the owner, agent or occupant of the property fails, neglects or refuses to make the sidewalk repair within the designated time, the city shall cause the repair to be made. An accurate record shall be kept of the cost of labor/materials incurred by the city in the sidewalk repair.
(E) Establishment of liens. Costs incurred by the city in making sidewalk repairs, plus 20% administrative/engineering overhead, shall be billed to the owner of the adjoining property. The amount billed shall become a lien against the property until paid. The city may enforce collection of the lien in the same manner as provided by ordinance or statute for the enforcement of city liens in general.
(F) Liability of owners. The owner(s) of land adjoining any street in the city shall be liable to any person suffering injury by reason of any defect in the sidewalks on the streets adjoining said land. If the city is required to pay damages for injury to persons or property caused by the failure of a person to perform the duty to repair, which this section imposes, the person so failing shall compensate the city for the amount of damages paid, together with all costs of defense or settlement. The city shall maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(Ord. 1123, passed 4-17-1989)