§ 740.101. Applicability; owner's construction or repair of sidewalks, curbs and gutters.

(a)

The provisions of Chapter 740 constitute an exercise of municipal authority and shall apply to all sidewalks located within the General Services District, excluding the Second, Third, Fourth and Fifth urban services districts.

(b)

(1)

The owner of each parcel of undeveloped land which abuts upon a street, park, or other public place in the City is required to construct a sidewalk, curb, and gutter along and in front of such parcel at the time such land is developed, unless exempted therefrom as set forth in Section 654.133, Ordinance Code, or as otherwise exempted by the City Engineer.

(2)

The owner of any developed parcel of land which abuts upon a street, park or other public place in the City and which does not currently have a sidewalk in place, may, at his or her own expense, construct a sidewalk in front of such parcel provided such sidewalk conforms to City standards and appropriate permits therefor are obtained from the Director of Public Works.

(3)

The City may, at its expense, (a) at the request of a Councilmember or a school principle; (b) as requested pursuant to the Department of Public Works Sidewalk Construction Guidelines, dated October 2007; or (c) of its own initiative, install a sidewalk, curb and or gutter within the City right of way along and in front of any parcel of land which abuts upon a street, park, or other public place.

(4)

The owner of any parcel of land may petition the City to construct a sidewalk, curb and gutter as set forth in Sections 740.104 and 740.105 of this Chapter.

(5)

The owner of each parcel of land which abuts upon a street, park or other public place in the City is required to maintain an existing sidewalk, curb and gutter along and in front of the parcel of land.

(c)

Effective July 1, 2003, except as provided in Section 740.101(d) hereof, the City is legally responsible for the repair of sidewalks on City-owned streets, property or rights-of-way.

(d)

The City will not pay to repair or replace any damage to sidewalks caused by the intentional or negligent act of a property owner. If the City determines that a hazardous condition was caused by the intentional or negligent act of an abutting property owner(s), its agents or contractors, the abutting property owner(s) shall be responsible for the cost to repair the sidewalk according to the provisions and following the procedures set forth in this Chapter 740, Ordinance Code. For purposes hereof, the term "intentional or negligent act" shall include any act or omission that a property owner knew or should have known would result in damage or injury to a sidewalk.

(Ord. 69-725-511, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2003-742-E, § 1; Ord. 2004-101-E, § 1; Ord. 2012-634-E, § 1)

Note— Former § 602.101.