For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABNORMALLY DANGEROUS OR HAZARDOUS CONDITION. A two-inch or greater displacement from grade or misalignment between or within sidewalk panels or any other condition threatening the immediate health, safety or welfare interests of the public, such as any condition which risks personal injury or property damage to any disabled person, whether or not wheelchair-bound.
CITY. The City of Tillamook, a municipal corporation of the State of Oregon, where the provision involves a duty owed the city in either its governmental or its corporate capacity; otherwise it shall mean the officer, department or agency of the city indicated by the context or where the context does not clearly indicate a specific officer, department or agency, then the City Manager.
COMMERCIAL PREMISES. Includes all premises which are not private premises.
CONSTRUCTION. Construction of sidewalks and curbs upon official grades, fixing dimensions of curbs and establishing curb lines on certain width streets and sidewalk widths.
COUNCIL. The City Council.
DANGEROUS/HAZARDOUS SIDEWALK. A sidewalk:
(1) With a surface that is not constructed to City Public Works Construction Standards - Street Design Standards (“City Standards”);
(2) Which contains a vertical or horizontal misalignment between or within sidewalk panels, or between a sidewalk and curb, equal to three-fourths to two inches;
(3) Which contains structural defects negatively affecting pedestrian use; or
(4) Which has vegetation, whether growing on or overhanging the sidewalk, that negatively affects pedestrian use.
DAYS. Twenty-four hour, calendar days.
ENGINEER. The City Public Works Director or the duly appointed City Engineer or any consulting engineering firm who contracts with the city to provide engineering services.
PERSON. Every natural person, firm, partnership, association or corporation, social or fraternal organization, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.
SIDEWALK. A pedestrian walkway with permanent surfacing, which shall include curbs and road approaches crossing, adjacent to or between the walkways.
(Prior Code, § 91.20) (Ord. 1205, passed 12-5-2005)