§ 22-9. Repair and maintenance of sidewalks, curbs and gutters.  


Latest version.
  • (a)

    Duty of abutting property owner. 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)

    Defective sidewalks, curb, or gutter. When the city administrator or code enforcement officer finds any 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.

    (c)

    Failure to repair; lien. If the owner fails to make such changes or repairs within a reasonable time given in the notice referred to in this section, the city council may authorize the work to be done by city forces or by contract, and may, after reasonable notice and opportunity to be heard, assess the actual cost of the repairs against the abutting property and its owner. The resolution of the city council making the assessment shall be recorded in the county clerk's office and the assessment shall then constitute a lien against the property.

    (d)

    Primary liability. The owner or person enjoying the use of the property abutting the sidewalk, curb, or gutter that has become defective or hazardous and has resulted in causing damage or injury as a result of such condition, shall be primarily liable in damages for any loss or damage sustained as a result of such hazardous or defective condition.

    (e)

    Duty of property owners making special use. It shall be the duty of any property owner or person making a special use of whatever kind or character of a sidewalk, curb, or gutter to keep such sidewalk, curb, or gutter in good and safe condition and free from any defects and hazards of whatever kind and character.

    (f)

    Form of notice. The following form of notice signed by the city administrator, code enforcement officer, or building official or his duly authorized representative, which notice may be served by any person designated by the city council to serve the same, shall be deemed sufficient:

    Mr. (Name)
    (Address)

    Dear Sir or Madam:

    You are hereby notified that the sidewalk (curb, gutter) in front of the property owned by you or of which you are agent, located at _______ Street, is in a defective and hazardous condition and you are hereby ordered to reconstruct and repair the same.

    You are further notified that in accordance with Ordinance No. _______, Section No. _______, if you fail or neglect to reconstruct or repair said sidewalk (curb, gutter) within _______ days after receipt of notice, your property shall be subject to an assessment against it for the actual cost of repairs incurred by the City of Henrietta in repairing the said sidewalk (curb, gutter).

    You may request a hearing concerning this matter if such request is made before the expiration of the _______ day.

    Very truly yours,

    _______

    (g)

    Notice to repair. If the city administrator, code enforcement officer, or building official shall find that a sidewalk is in need of repair or is in a hazardous condition, he shall report the same to the city secretary. The city secretary shall prepare a notice, as defined hereinbefore, in writing, stating that the sidewalk is in a hazardous condition and in need of repair, and stating that the condition must be repaired within thirty (30) days after receiving notice, and stating further that a request for any hearing pursuant to this Ordinance must be made before the expiration of the thirtieth day.

    (h)

    Description. Notice shall set forth the street address of the property abutting the sidewalk.

    (i)

    Service of notice. The city secretary shall cause copies of the notice to be served upon the following:

    (1)

    The owner of record of the property as indicated in the county clerk's office;

    (2)

    Any lienholder of record; and

    (3)

    If such property is occupied by an agent of the owner or by a tenant, such owner or tenant shall receive a copy of the notice.

    The notice shall be mailed, by certified mail, with a five-day return requested to the parties named in this section. If any notices are returned undelivered by the United States Post Office, official action to repair the sidewalk, curb or gutter shall be continued to a date not less than thirty (30) days after the date of the return.

    (j)

    Public hearing. If a hearing is requested by the person receiving notice to repair, the hearing shall be held before the board of appeals. The board of appeals, for the purposes of this section, shall be the city council. The board of appeals shall adopt reasonable rules and regulations for conducting its investigations and hearings. All decisions and findings of the board of appeals shall be made in writing to the building official, code enforcement officer, city secretary, or city administrator with a duplicate copy of such decisions and findings being sent to the appellant.

    (k)

    Appeals from order to repair. Any person aggrieved by any order to repair a sidewalk, curb or gutter may appeal such order to a public hearing before the board of appeals. The appeal shall be in writing and shall be made within thirty (30) days from the notice stating the order to repair. The code enforcement officer, city administrator, or building official shall set the matter for hearing before the board of appeals. The hearing shall be set by the city secretary within thirty (30) days from the date of the notice to repair if so requested by the person being ordered to repair said sidewalk, curb or gutter. If no request is made to have the hearing within thirty (30) days from the date of notice to repair, the city secretary shall set the hearing for the next regularly scheduled meeting of the city council for the city.

    (l)

    Orders to repair. The resolution or order from the board of appeals requiring the repair of a sidewalk, curb, or gutter shall include the street address of the property abutting said sidewalk, curb or gutter.

(Ord. No. 8506, §§ 1—12, 5-6-85)