§ 721-147. Owners of Abutting Property to Maintain Sidewalk.  


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  • Where land abuts on a street where there is a paved sidewalk and/or a paved sidewalk with an integral curb, the owner or owners of such land shall be jointly and severally responsible for causing the sidewalk and any curb which is integral with the sidewalk to be kept in repair and free from nuisance. Said owners are responsible for any damage caused by said repair to the gutters adjacent to their property.

    For residential property, the owner of a parcel abutting two or more public streets shall be responsible for repair of paved walks on only one frontage, that frontage being determined as follows:

    (a)

    the parcel frontage containing the driveway; or

    (b)

    where either both or neither parcel frontage contains a driveway, the parcel frontage upon which the street address is based; or

    (c)

    if neither subsection (a) or (b) apply, as determined by the city engineer based upon typical frontages for other parcels in the subdivision.

    For purposes of this subsection residential property is defined as property serving as one, two, or three family dwellings.

    Notwithstanding anything else in this section, abutting property owners are responsible for the maintenance of each driveway. This responsibility includes driveway aprons, driveways across paved walks, and curbs integral with driveway. Abutting property owners are responsible for maintaining all sidewalk encroachments and for keeping the sidewalk space on all parcel frontages free from nuisance.

    In repairing any paved sidewalk, sidewalk area, curbing integral with the sidewalk or restoring gutters, the abutting property owner(s), unless directed by the city engineer or exempted by the Sidewalk Board of Appeals pursuant to Sections 721-155 through 721-159, shall use the same materials, including surface materials, that compose the existing sidewalk at the time of repair.

(C.O. 708-88; renumbered to C.M.C. 721-147, eff. Jan. 1, 1972; a. Ord. No. 267-1980, eff. July 18, 1980; a. Ord. No. 270-1992, eff. June 29, 1992; a. Ord. No. 406-1999, eff. Nov. 12, 1999)