(a) Except as specifically provided in Section 905.03(a)(4), where land abuts on a street or other City right-of-way where there is a paved sidewalk, drivewalk, driveway approach, carriagewalk, and/or a paved or unpaved tree lawn, the owner or owners of such land shall be jointly and severally responsible for causing the paved sidewalk, drivewalk, driveway approach, carriagewalk, and the paved or unpaved tree lawn area abutting such land to be kept in good repair, in good appearance, and free from safety hazards and nuisance. This duty shall not extend to the care and maintenance of the trees within the tree lawn which shall remain the province of the City.
(1) The owner or owners of such abutting land shall be jointly and severally responsible for any and all costs and expenses associated with the installation, repair, maintenance, replacement, reconstruction, and/or removal of any paved or otherwise improved carriagewalk.
(2) The owner or owners of such abutting land shall be responsible for the costs and expenses for the maintenance, repair, replacement, reconstruction, and/or removal of the paved sidewalk, drivewalk, driveway approach, carriagewalk, and the paved or unpaved tree lawn area when damage is caused to any such feature or area by their own actions or by the actions of any contractor, materialmen, or any other agent of the owner in the performance of any work, delivery of any goods, material, or service, or from any other action that was performed by, or for the benefit of, the owner and/or the occupant of the property. This responsibility shall also extend to the maintenance, repair, or replacement of any pipe that exists under a driveway approach. The owner's responsibility shall not extend to any repair, replacement, reconstruction, or removal that is necessitated by work performed by an agent of the City of Wyoming or a public utility or from damage resulting from the roots of a City tree located within the tree lawn area or on other public property.
(3) The owner or owners of such abutting land shall be responsible for all costs and expenses associated with creating a new driveway curb-cut and/or driveway approach when no such curb cut or driveway approach had previously existed. Further, such owner or owners shall be responsible for all costs and expenses associated with the alteration or relocation of an existing curb-cut and/or driveway approach when such curb-cut and/or driveway approach is altered at the request of, or for the convenience of, the owner or occupant of the property.
(4) The City of Wyoming shall be responsible for all costs and expenses of any repair, replacement, reconstruction, or removal of the sidewalk, drivewalk, or driveway approach when such repair, replacement, reconstruction, or removal is mandated by the City in conjunction with the Sidewalk Replacement Program or when such sidewalk, drivewalk, or driveway approach is damaged by any agent of the City.
(Ord. 5-2005. Passed 4-18-05.)