5.05.018 Unsafe sidewalks, curbs and monolithic curbs and gutters.
A. No person owning real property shall cause or allow the sidewalk, curb or monolithic curb and gutter in the abutting public right-of-way to present an unreasonable risk of harm to persons or property.
B. For purposes of this section, a sidewalk, curb or monolithic curb and gutter shall be deemed to present an unreasonable risk of danger to person or property if, among other things:
1. Panels or pieces of same are displaced more than one-half inch from adjacent panels or pieces; or,
2. Entire pieces or panels are absent, or there exist pieces or panels broken into parts smaller than one square foot; or,
3. The grade from one piece or panel to the adjacent piece changes by more than one-half inch per foot in any direction; or,
4. Handicap access ramps or driveways deviate from the slopes and dimensions included in the standards and specifications set by the city engineer; or,
5. Curb pieces exist less than two feet in length; or,
6. Monolithic curb and gutter sections are cracked or broken longitudinally, or displaced one-half inch or more from the adjacent paving.
This list is not intended to be exclusive.
C. The existence of sidewalks, curbs or monolithic curbs and gutters in such condition as to present an unreasonable risk of danger to persons or property hereby is declared to be a public nuisance and may be abated by any of the procedures set forth in BC 5.05.200 et seq.
D. A person who owns property that abuts a sidewalk, curb or monolithic curb and gutter in such condition as to present an unreasonable risk of danger to persons or property is civilly liable for all claims arising from that condition notwithstanding the person’s notice of the condition and notwithstanding the time period allowed by law to correct same before abatement as a public nuisance. [BC 5.05.018, added by Ordinance No. 3605, 1/25/88]