(A) Whenever any sidewalk within the City of Rockaway Beach shall be removed or become obstructed, shall become out of repair or in a dilapidated condition so as to be in a dangerous or unsafe condition for persons passing along or over the same, it shall be the duty of every property owner having property abutting upon the dangerous or unsafe sidewalk condition to immediately repair the sidewalk. Every property owner having a real property abutting upon any sidewalk which is in a dangerous or unsafe condition shall, until the sidewalk is placed in a safe condition, maintain continuously 24 hours a day at each end of that portion of the walk which is in an unsafe or dangerous condition the lights, signs and barricades as are necessary to give adequate warning and notice of the unsafe or dangerous condition of the sidewalk to all persons who might use the walk. It shall be the duty of the Mayor, members of the Council, City Recorder and Chief of Police of the city, whenever their attention shall be called to any dangerous or unsafe condition of any sidewalk within the city, to give to the owner of the property abutting upon the sidewalk a notice of the dangerous and unsafe condition. The notice shall be in substantially the following form:
To:
You are hereby notified that the sidewalk in front of and abutting upon the following-described property in the City of Rockaway Beach, Oregon, to wit:
(here describe property)
is in dangerous and unsafe condition in the following particulars, to wit:
(here insert particulars of the matters rendering the sidewalk unsafe)
And you are hereby further notified to put the sidewalk into a safe condition for travel immediately; and until such walk is put in a safe condition for travel, you are hereby notified and required to maintain constantly at all hours of the day and night at each end of that portion of the walk which is in an unsafe or dangerous condition the lights, signs and barricades as may be necessary to give adequate warning and notice of the unsafe or dangerous condition of signs and barricades shall be maintained until the time as the walk is placed in a safe condition. A failure to maintain the lights, signs and barricades will render you subject to prosecution for a violation of the ordinances of the City of Rockaway Beach, Oregon.
Dated this of , 20
(B) The foregoing notice shall be served upon the owner or owners of the property abutting any dangerous or unsafe sidewalk by the Chief of Police of the City of Rockaway Beach, Oregon, or his or her deputy. However, if any property owner having property abutting upon a sidewalk which is in a dangerous or unsafe condition cannot be found within the city within 3 days of the date the City Recorder issues and signs the notice above set forth, then service of the notice may be made upon any property owner having property abutting upon a sidewalk in a dangerous or unsafe condition by depositing the notice in the United States Mail addressed to the property owner at his or her last known address, with the postage thereon prepaid.
(Prior Code, Ord. 57, passed 1-20-1959)