A. The city shall maintain sidewalk improvements within the public right-of-way which have been constructed and permitted in accordance with city standards and requirements, where the public right-of-way has been dedicated and accepted by the city or is a city street as defined in Section 1.04.010, where any dangerous condition of such sidewalk improvements, or the need for maintenance has not been caused, in whole or in part, as a result of trees and/or groundcover on abutting properties or by any other affirmative acts, obstruction or negligence of the abutting property owner.
B. The abutting property owner shall maintain and/or repair sidewalk improvements within the public right-of-way, which have been constructed by the property owner without a permit and not in accordance with city standards and requirements; which have been constructed on private property; or which, by the acts and/or omissions of the abutting property owner have been damaged, destroyed or rendered in a condition which the city has determined necessitates repair or replacement in order to protect the public health and safety.
C. The abutting property owner shall maintain groundcover and trees on him, her or its property adjacent to or near the public right-of-way, and in parkways and parking areas so as not to interfere with or endanger pedestrians using the sidewalk or public right-of-way, and in a condition which will not interfere with the public convenience in the use of the sidewalk area. This duty shall not extend to conditions created or maintained by any person other than the property owner in, upon, along, or in connection with such sidewalk area under or by virtue of any permit or right granted by law and by the city, in which case such persons shall be under a like duty to repair and maintain the sidewalk, parkways and parking strips.
D. In the interest of keeping street trees in the city and in consideration that many street trees were installed prior to the adoption of the city Standard Drawings that limit the type of trees within a certain distance of the sidewalk, curb and gutter or utilities, the city will replace the sidewalk damaged by tree roots once the abutting property owner replaces the street tree per the Standard Drawing Nos. 510 and 520, as amended from time to time, prior to the replacement of the sidewalk. (Ord. 322 § 1, 2012; Ord. 183 § 1, 1998)