CHAPTER 2. SIDEWALK MAINTENANCE

7-2.101 Definitions.

As used in this Chapter:

(a) Owner includes, without limitation, the fee owner of real property and the person or persons in possession of the real property.

(b) Sidewalk Area means the area between the property line of a parcel and the street line, including a parking strip and curb. (§1, Ord. 1750, eff. 10/25/90)

7-2.102 Duty to Maintain Sidewalk.

Except as provided in Section 7-1.410 of this code, the Owner of a parcel of real property which fronts on any portion of a Sidewalk Area shall repair and maintain the Sidewalk Area at the Owner’s cost and expense. The Owner shall have a duty to the general public, including travelers on the Sidewalk Area, to repair and maintain the Sidewalk Area in a reasonably safe condition. The Owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the City has notified the Owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past. (§1, Ord. 1750, eff. 10/25/90)

7-2.103 Liability of Owner.

The failure of an Owner to perform the duties and obligations established by Section 7-2.102, or the performance of such duties and obligations by an Owner in a negligent manner, shall constitute negligence. An Owner shall be liable to any member of the general public injured on or by a Sidewalk Area if the Owner’s negligence under this section is a proximate cause of the injury. The City shall not be liable for an injury caused by the negligence of an Owner. (§1, Ord. 1750, eff. 10/25/90)