Following citizen complaints, observations and/or the annual inspection program, the city shall identify and list the following responsibilities:
(A) Along KYTC Highways including US 42 and/or SR 536. The KYTC owns and maintains the state roadway infrastructure from back-of-curb to back-of-curb. However, the KYTC has deferred responsibility to regularly maintain sidewalks or pedestrian ways to cities within the Commonwealth’s public rights-of-way. As such, it shall be the city’s responsibility to work directly with the KYTC regarding damaged and/or deteriorated sidewalks or pedestrian ways within the state’s public rights-of-way. When such hazardous or non-hazardous sidewalks or pedestrian ways including ADA handicapped curb ramps, or in the absence thereof, have been deemed to be unsafe for pedestrians, the city shall cooperate with KYTC in order to adequately protect pedestrians using such public way within the corporate limits of the city.
(B) Along streets within Condominium Owner Associations (COAs). Sidewalks within COAs are outside of public rights-of-way and within the Associations’ declared “common areas”. Thus, COAs are solely responsible for maintaining sidewalks within COAs. When hazardous or non-hazardous Sidewalks are observed and/or inspected, the city shall contact the COAs regarding the need for repairs.
(C) Along streets within Home Owners Associations (HOAs). Sidewalks within HOAs are within public rights-of-way and border the Associations’ declared “common areas”. Thus, the HOAs are responsible for maintaining sidewalks within HOAs. When hazardous or non-hazardous sidewalks are observed or inspected, the city shall contact the HOAs and/or homeowners regarding the need for repairs.
(D) Along streets within a city public rights-of-way. Hazardous or non-hazardous sidewalks (See § 91A.07). The property owners fronting such sidewalks are responsible for repair or replacement of such sidewalks.
(Ord. 2021-12, passed 6-7-21)