(A) No property owner shall cause damage to the sidewalk located on or adjacent to the owner’s property, by allowing vegetation to heave and crack the sidewalk, or allowing any condition to exist that causes damage to the sidewalk.
(B) The determination of whether a particular sidewalk was damaged by the actions of a resident shall be made by engineers selected by the city and/or the city’s Code Enforcement Officer.
(C) (1) If a particular section of the sidewalk within the corporate boundaries of the city does not meet the standards as determined in division (B) above, and thus exists in a state of disrepair including, but not limited to conditions which have resulted in the sidewalk being marred, pocked, broken, cracked, and the like, or otherwise presents a hazard to the general public, the City Clerk, or the Mayor’s designee, shall notify the property owners in writing, sent via first-class mail, of the condition and request the property owner(s) to make necessary repairs within 30 days of the notice.
(2) If the property owner(s) fails to make the necessary repairs within 30 days of the notice, the city may repair the sidewalk so as to eliminate the state of disrepair, hazard or otherwise make it safe for use by the general public.
(3) Any and all costs of the city in making the repairs under division (2) above, including, but not limited to labor, materials and supplies, shall be charged to the appropriate property owner(s) through a written demand complete with documentation of costs incurred, sent via first-class mail, within 60 days of the work’s completion.
(4) (a) If the city’s written demand for costs incurred pursuant to the repair of sidewalks under division (3) above remains unpaid in any part without reasonable justification for a period of 30 days after notice is received by the property owner(s), a 10% penalty shall be added to the unpaid balance of the repair costs.
(b) An additional compounded 1% interest will be added on the balance for each month in which an unpaid balance remains.
(5) The city retains the right to file a lien against the subject property to secure the unpaid balance of the costs of repairs completed at the city’s expense, with filing and attorney’s fees to be added to the amount of the lien, at any point after 30 days of the date written notice is sent to the property owner(s) under division (3) above.
(D) Sidewalks within the city shall be inspected annually during the first quarter of the year by the engineers and/or the city’s Code Enforcement Officer. A written report shall be submitted to the Council, recommending repairs after the inspection is completed.
(Ord. 5, Series 1995-1996, passed 9-5-95; Am. Ord. 3, Series 2012-2013, passed 8-7-12)
Statutory reference:
Sidewalks; construction along public roads; specifications, see KRS 178.290
Sidewalks; ramps for wheelchairs, see KRS 66.660