3.06.015 Duty to construct, repair and clear sidewalks, curbs and monolithic curbs and gutters – Liability for damage or injury.
A. A person owning land abutting any public right-of-way has the duty to construct, reconstruct, repair and maintain abutting sidewalks, curbs and monolithic curbs and gutters so as not to present an unreasonable risk of danger to person or property, except as provided in subsection C of this section.
B. A person owning land abutting any public right-of-way hereby is declared liable for any and all claims of personal injury or property damage that may arise from the person’s negligence in failing to keep a sidewalk, curb or monolithic curb or gutter abutting the person’s property in such repair as not to present an unreasonable risk of danger to person or property.
C. A person shall be relieved from the obligation imposed by subsection A of this section if the person notifies the City in writing of the need for reconstruction, maintenance or repair and the city engineer determines that:
1. The sidewalk, curb or monolithic curb and gutter in question is part of an arterial or collector street, that the abutting property is not entitled to a curb cut or driveway on to that street, and that the abutting property is a through lot required to be screened from the abutting right-of-way by fence or landscaping such as to disallow direct pedestrian access to the right-of-way from the property; or,
2. The sidewalk, curb or monolithic curb and gutter in question was constructed by the City within the last year and the risk of danger arises more from defective material or workmanship than from external forces.
The city engineer’s determination shall be sent in writing to the property owner and shall be final unless within ten days from the date the determination is sent, the property owner files with the city recorder a written notice of appeal of same.
D. Nothing in this section is intended to relieve a person owning property abutting the right-of-way from the liability imposed by subsection B of this section, unless and until the property owner notifies the City as provided in subsection C of this section and the City’s resulting nonfeasance or malfeasance is held to constitute a supervening cause of any personal injury or property damage arising from the condition of the property after the property owner gives notice. [BC 3.06.015, amended by Ordinance No. 3604, 1/25/88]