(A) Standards and specifications. Sidewalks and curbs shall be constructed, altered, repaired and maintained according to City Public Works Construction Standards - Street Design Standards (“City Standards”) as adopted and/or amended by the Council by resolution or otherwise.
(1) A sidewalk and/or curb not conforming to city standards shall be, and is, a public nuisance.
(2) No landowner shall allow a dangerous or hazardous sidewalk or abnormally dangerous or hazardous sidewalk to exist on his or her property. This provision shall apply to existing exterior commercial premises open to the public, to private premises adjacent to a public way, street, alley, highway or road of any kind.
(B) Permit requirements, applications, fees and issuance.
(1) No person shall construct, reconstruct or repair any sidewalk or curb in or upon any public street or right-of-way without first obtaining a permit from the city and complying with the provisions of the City Street Design Standards and the city’s tree ordinance (see Chapter 93).
(2) An application for a permit shall be filed with the city, on a form provided by the city, together with any other information and data, as required by the Engineer. An applicant for a permit shall pay a permit fee to the city, which fee shall be set by City Council by resolution to recover city’s actual costs of review and monitoring.
(3) Upon application and fee payment for an improvement to which this subchapter applies, city shall issue a permit. The permit shall be automatically void six months from the issue date if the improvement is not complete. If the improvement is complete and receives City Engineer final approval, then the permit shall become permanent.
(C) Owner responsibility and liability.
(1) The owner of real property abutting a sidewalk is liable for any personal injury or property damage which occurs because of the owner’s failure to maintain the sidewalk in good repair or safe condition. The city shall not be liable under these circumstances unless the city is the owner and the city’s act or failure to act is the direct and proximate cause of the injury or damage.
(2) If the city is required to pay damages for personal injury or property damage caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner shall reimburse the city for the full amount of the damages thus paid and for the attorney fees and cost of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(Prior Code, § 91.21) (Ord. 1205, passed 12-5-2005) Penalty, see § 91.999