(a) No owner, agent, lessee or other person who may have a vested or contingent interest in any lot or parcel of ground in the City shall fail to repair the sidewalk and curbing which abuts on such lot or parcel of ground, after having been notified to do so by the Director of Public Service and after having been given thirty days to commence the required repairs as specified by the Director.
(b) For purposes of this section, a sidewalk or any part thereof is deemed unsafe and in need of repair when any one of the following conditions exist therein:
(1) When the sidewalk contains a hole which is one inch or more in depth and eight or more square inches in surface area;
(2) When there is a differential settlement in the sidewalk at a crack or joint therein or an abrupt elevation or depression in a cracked or broken sidewalk or at a joint, causing one portion of the sidewalk to be one inch or more higher or lower than that portion of the sidewalk or curb immediately contiguous thereto;
(3) When in a brick sidewalk, one-half or more brick is missing, or when the condition of the sidewalk falls within subsections (b)(1) or (2) above;
(4) When a concrete sidewalk is crushed and/or broken to the extent that there are five or more pieces within the average size square of that sidewalk or eight square feet whichever is smaller;
(5) When the surface of a concrete sidewalk is spalled to present a rough texture of stone or gravel and covers an area of the average size square of that sidewalk or eight square feet, whichever is smaller.
(c) For purposes of this section a curb is deemed unsafe and in need of repair when there is at least a two-inch separation in any part of the horizontal section; and/or there is any deterioration of the vertical section which withdraws, or could withdraw, support from the adjoining sidewalk area or other portion of the curbing.
(d) For purposes of notice of defects set forth in subsections (b)(1) to (5) and (c) hereof, a written notice specifying such defects shall be served on the owner or tenant of the abutting property, or on the person, firm or corporation having control or management of such abutting property, in the following manner and priority:
(1) Personal service or certified mail service;
(2) If service cannot be effected under subsection (d)(1) hereof then such notice shall be made by mailing the notice by regular mail to owner, tenant or person in charge of such property. Failure of return of such mail to the sender shall be deemed evidence of receipt of such notice by the addressee;
(3) If service cannot be effected as set forth in subsection (d)(1) and (2) hereof then such notice shall be posted on the residence or building on the abutting premises, or affixed to any attachment place on such property.
(e) Notice shall be effected as provided in subsection (d) hereof at least thirty days in advance of the date fixed in the notice to complete repair or correction of the defects specified.
(Ord. 82-27. Passed 3-8-82.)