§ 96.056 FAILURE TO REPAIR SIDEWALK DEFECTS AND DAMAGE PROHIBITED.

   Any owner of real property who fails to keep the sidewalks abutting or adjoining such property properly maintained and in repair creates or maintains a public nuisance, which shall be unlawful. The owner(s) of such real property shall be liable to the city for any and all damage or injury caused by such neglect and shall be responsible for the costs of abating the public nuisance. Examples of sidewalk defects constituting a public nuisance include, but are not limited to:

   (a)   Vertical separations that result in a trip hazard;

   (b)   Horizontal separations between panels or cracks to the extent it is a potential danger to the public;

   (c)   Holes or depressions in the concrete;

   (d)   Excessive spalling (exposed rock causing depressions in the concrete);

   (e)   A panel of sidewalk that is cracked to the extent it constitutes a potential danger to the public;

   (f)   A panel of sidewalk missing concrete that has broken off to the extent it is a potential danger to the public;

   (g)   Missing sidewalk panel(s);

   (h)   Pooling of water caused by inadequate drainage;

   (i)   Uneven or loose sidewalk panels; and

   (j)   Other damage to a sidewalk that presents a dangerous condition to human traffic.

(Ord. 50-22, passed 5-4-2022)

§ 96.057 FAILURE TO ABATE PUBLIC NUISANCE.

   Upon failure of owner(s) to abate a public nuisance by accomplishment of the required repairs or maintenance within the time frame indicated in the written notice provided by the city, city shall have the right to abate the public nuisance by accomplishing the required remediation and pursue full reimbursement from owner(s) pursuant to city ordinance. Notwithstanding the 14-day time restriction applicable to abatement of other types of nuisances, the city is authorized to extend the time frame provided for abatement of any and all nuisances addressed in this chapter beyond such 14-day period.

(Ord. 50-22, passed 5-4-2022)

§ 96.058 CITY'S RIGHT TO REPAIR OR MAINTAIN.

   Notwithstanding any other provision of this ordinance, the city shall have the right to repair or maintain any existing sidewalk and pursue reimbursement for such repair or maintenance costs from owner(s), pursuant to city ordinance.

(Ord. 50-22, passed 5-4-2022)

EXCAVATIONS

§ 96.070 SUPERVISION.

   The city engineer shall supervise all excavations made for any purpose in the streets, alleys or public grounds, and shall require compliance with all the requirements of this subchapter.

(1992 Code, § 38-56) (Ord. 104-99, passed 10-14-1999)

§ 96.071 REFILLING EXCAVATIONS.

   Excavations shall be backfilled or refilled, and pavement, or other street surfacing, shall be replaced pursuant to the requirements of the city’s standard specifications and design standards.

(1992 Code, § 38-57) (Ord. 104-99, passed 10-14-1999)

§ 96.072 RESTORING PAVEMENTS OR STREET SURFACING TO FORMER CONDITION.

   The city shall keep on file all copies of permits issued under this subchapter and to inspect from time to time all pavement, or other street surfacing, disturbed pursuant to those permits. If the pavement or surfacing is not restored and maintained as nearly as possible to the original condition, notice shall be given the permittee, who shall put the pavement or surfacing in good condition within three days. If the permittee fails after notice given to restore and maintain the pavement or the surface thereof, the city may make the necessary repairs and the permittee shall pay the costs thereof, and until the costs are paid, no other permit shall be issued to him or her or to any person in his or her behalf.

(1992 Code, § 38-58) (Ord. 104-99, passed 10-14-1999)