Chapter 13.08
SIDEWALK MAINTENANCE, REPAIR, AND SNOW REMOVAL*

Sections:

13.08.010    Definitions.

13.08.020    Abutting property owner to repair and maintain sidewalk in safe condition.

13.08.030    Civil penalty.

13.08.040    City abatement proceedings.

13.08.050    Optional procedures.

*    Prior legislation: Ord. 31.

13.08.010 Definitions.

Unless the context clearly indicates otherwise, the words used in this chapter shall have the following meanings:

“Abutting property” includes all property having a frontage upon the margin of any street or other public right-of-way or public place.

“Sidewalk” includes any paved pedestrian pathway located between the abutting property line and the vehicular traveled portion of the street or other public right-of-way. (Ord. 603 § 1 (part), 2009)

13.08.020 Abutting property owner to repair and maintain sidewalk in safe condition.

It shall be the responsibility of the owner of the abutting property to repair and maintain the sidewalk at all times to keep it in a reasonably safe condition, free of any and all obstructions or defects. This responsibility shall include, but not be limited to, responsibility for removal of snow and ice and other tripping hazards. (Ord. 603 § 1 (part), 2009)

13.08.030 Civil penalty.

In the event any owner of the abutting property fails to comply with the provisions of this chapter, such owner shall be deemed to have committed a civil infraction and, upon a finding by the court that the same has been committed, shall be punishable by a civil monetary penalty of up to two hundred fifty dollars. The initiation of a civil penalty infraction proceeding pursuant to this section shall not affect the right of the city to abate the offending condition pursuant to the process set forth in this chapter. (Ord. 603 § 1 (part), 2009)

13.08.040 City abatement proceedings.

A.    In the event the abutting property owner fails to comply with the requirements of Section 13.08.020, the city street superintendent may provide the abutting property owner with written notice of the violation (the “notice”) and provide in said notice that if the offending condition is not abated within ten days of the date of the notice or, alternatively, if the abutting property owner does not file a written appeal of the notice to the city council within ten days of the date of the notice, the city street superintendent may abate the offending condition in the sidewalk and charge the costs of the abatement to the abutting property owner.

B.    In the event an abutting property owner appeals the notice to the city council, the city council shall, within thirty days of receipt of the appeal, hold a hearing and invite the abutting property owner to the hearing upon not less than ten days’ prior notice to the abutting property. Following the hearing, the city council shall adopt written findings and a decision concerning the abatement of the offending condition and if the city council orders the condition to be abated, any such decision of the city council may be appealed by the abutting property owner to the Douglas County superior court, provided such appeal is filed within twenty-one days of the date of issuance of the written findings and decision of the city council.

C.    Any appeal notice required to be served upon the city council by the abutting property owner shall be deemed served when it is received by the city clerk-treasurer. Any notices required to be made pursuant to this chapter shall be made by certified U.S. mail, return receipt requested, or by personal delivery.

D.    Commencement of abatement proceedings by the city pursuant to this section shall not affect the right of the city to commence and continue civil infraction penalty proceedings against the abutting property owner pursuant to other provisions of this chapter. (Ord. 603 § 1 (part), 2009)

13.08.050 Optional procedures.

Nothing in this chapter shall prohibit the city from electing to enforce the provisions of Chapter 8.40 with respect to certain specified violations set forth therein. (Ord. 603 § 1 (part), 2009)