§ 13.04.050. Maintenance of sidewalks, curbs and gutters—Abutting property owner's duty.

A.

It shall be the duty of the owner of property abutting on any public street containing a sidewalk, curb or gutter to keep such sidewalk, curb or gutter in repair.

B.

When the director of the environmental services department or his designee or member of the code enforcement division finds that any such sidewalk, curb or gutter is in hazardous condition because of need of repairs or faulty construction, he may notify the owner of the abutting property to make such repairs or changes as may be necessary to put the sidewalk, curb or gutter in safe condition. If the owner fails to make such repairs or changes within a reasonable time given in the notice, he shall be deemed guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030.

C.

If the owner fails to comply with the notice, the city council may authorize the work to be done by city forces or by contract, and may, after notice and an opportunity to be heard, assess the actual cost of the repairs against the abutting property and its owner. The ordinance of the city council making the assessment shall be recorded in the county clerk's office and the assessment shall then constitute a first and prior lien against the property from the date the improvements are ordered, and shall be a personal liability and charge against the owner of the property.

D.

Notice to the owner may be given in person or by mail, or may be given to any agent authorized by the owner to collect the rents or make repairs on the property.

E.

The owner of property abutting on any public street containing a sidewalk, curb or gutter that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any construction made or not made in accordance with standards or specifications of this chapter or other applicable provisions of this code.

(Ord. 16982 § 3 (part), 2008; Ord. 13956 § 16, 1999; Ord. 13152 § 108, 1997; Ord. 12248 (part), 1995: prior code § 19-14.1)

(Ord. No. 17391, § 4, 8-24-2010, eff. 9-1-2010)