A. It is the duty of the person owning or having control of real property along or abutting any curb or sidewalk, including, but not limited to, the intersection quadrant of a corner property to construct, repair or replace the curb or sidewalk so as to provide a reasonably safe, all weather passage for pedestrians, and to provide adequate street drainage and pavement protection, for the safety and convenience of the traveling public.
B. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk and curb, including, but not limited to, the intersection quadrant of a corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk and curb in a reasonably safe condition. Failure to maintain such sidewalk and curb in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair, or replace defective sidewalks and curbs and the negligent failure to remove snow, ice, dirt, or other material from the sidewalk and curb.
C. Notwithstanding any other provision of law, the City shall not be liable for any injury to property or personal injury, including death proximately caused by the failure to maintain sidewalks and curbs in a reasonably safe condition. This section shall not be construed to apply to the liability of the City as a property owner pursuant to subsection B of this section.
D. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the City is commenced pursuant to the Idaho Tort Claims Act, including any provisions requiring prior notice to the City of defective conditions.
E. An owner of real property shall be required to have a personal injury and property damage liability insurance policy insuring such property for liability for any injury to property or personal injury, including death, proximately caused by the failure of such owner for failing to maintain the sidewalk and curb abutting such property in a reasonably safe condition as provided in this Code. The City shall not be liable for any injury to property or personal injury, including death, as a result of the failure of an owner to comply with this section. (Ord. 3028, 2019: Ord. 2946, 2015)