(A) It shall be unlawful for the owner or occupant of any lot or part thereof to fail to maintain any sidewalk in front of the lot or part thereof, by keeping the sidewalk clear and free of debris, weeds, refuse or other objects that may interfere with the convenient and safe use of the sidewalk by the public.
(B) For purposes of this section, a “driveway connection” shall be defined as any improved area within property owned by a governmental entity connecting a privately owned parking area, parking lot, driveway or street with a public roadway. The connection shall include any improved portion as defined above from the outside edge of the public roadway to the abutting private property line. It shall specifically include improved portions as defined above which traverse public sidewalks and street swales.
(C) It shall be unlawful for the owner of private property which a driveway connection abuts or serves to fail to maintain that driveway connection in a safe and suitable condition for use by all individuals, including motorists and pedestrians. Said property owner shall restore the driveway connection to its original condition.
(D) Should the existence of any condition on a driveway connection as described in subsection (C) above pose a serious threat to the public health, safety and welfare, upon a finding that a violation exists after a duly-noticed hearing or trial, upon request of City Engineer or Director of Public Works, a city’s Special Magistrate or a County Court Judge may authorize the city’s Department of Public Works to make the necessary repairs to said driveway connection in order to make said driveway connection temporarily safe. This temporary repair of the driveway connection shall be a non-exclusive remedy and shall be made only after an opportunity is provided for the adjacent property owner to make any necessary repairs or otherwise abate any existing hazards.
(E) Should the city’s Department of Public Works repair any driveway connection as authorized by order of the Special Magistrate or by a judge, pursuant to subsection (D) above, the city shall be entitled to full reimbursement for any and all costs incurred for labor and materials as a result of the driveway connection repairs performed, and to impose a lien on the adjacent property served by the driveway connection for all such costs. Said lien shall be imposed by the Special Magistrate or County Court Judge at a separate hearing held for such purpose, with notice of said proceeding given to the property owner so as to provide an opportunity to be heard prior to the imposition of the lien.
(‘58 Code, § 44.03; Am. Ord. 93-47, passed 5-25-93; Am. Ord. 98-47, passed 6-9-98; Am. Ord. 2011-36, passed 3-22-11) Penalty, see § 10.99