§ 30-124. Replacement and repair.

(a)

Maintenance and repair to driveway and apron. It shall be the duty of any owner of land to maintain and repair all damage to their driveway and driveway apron, including, but not limited to, where the apron extends into the right-of-way, regardless of the cause of such damage.

(b)

Responsibility of nonresidential property owners. In addition to the responsibilities laid out in section 30-123, the owner of any property located in any nonresidential district within the city has an affirmative duty to and shall maintain the property, including, but not limited to, any paved or improved right-of-way, parkway, or sidewalk adjacent to their parcel of land. At the earliest sign of damage or disrepair to such right-of-way, parkway, or sidewalk, the property owner shall notify the city's public works director of such damage or disrepair. If required by the city, the owner shall, under supervision of the city, repair or compensate the city for any damage or disrepair. In the event that the state of disrepair persists, the city may provide notice as set forth in subsection (d) of this section, and the property owner shall be required to repair or replace the section of parkway within 45 days from the date of the notice.

(c)

Defense against private cause of action. The city may assert as a defense to any action that any violation of this chapter caused or allowed to be caused by an adjacent or abutting property owner, occupant, agent of such property, or third party, reduces the city's liability in whole or in part by such property owner, occupant, agent of such property, or third party's violation, negligence, wrongful acts, or omissions.

(d)

Service of notice. Notice by the city manager or his designee may be made or given by any of the following methods:

(1)

Notice shall be in writing and shall be served by personal delivery or by regular, registered, or certified mail to the owner of such property, or to his agent.

(2)

If there is no known address for the owner or his agent, then notice shall be published once a week for two consecutive weeks in a newspaper of general circulation that is published in the city, either as a display advertisement or as a legal advertisement. Such notice shall give either the street address or the section of the street abutting the right-of-way where the sidewalks or parkways are to be laid or repaired, and may give the legal description of the property abutting the portion of the right-of-way where the sidewalks or parkways are to be laid or repaired, along with the name of the owner as is best known to the city.

(3)

If there is no known address for the owner or his agent, then notice may be posted for a period of two weeks on the lot abutting the portion of the right-of-way where the sidewalk or parkway is to be laid or repaired.

The name of the person to whom the property is assessed on the last confirmed tax roll of the county will be construed as being the present owner for all of the methods of notification described in this subsection, unless the city has specific knowledge otherwise.

(e)

Repair on condition of fault. In the event that any person or property owner willfully, recklessly, or negligendy causes damage to the sidewalk or parkway, that person or property owner holds an affirmative duty to alert the city to the damage and to pay for its remedy or repair.

(f)

Repair by city on failure to comply with notice; lien. If a property owner who has received notice as provided in subsection (d) of this section shall fail or refuse to repair or replace the sidewalk or parkway within the timeframe specified in the notice, the city may repair or replace such sidewalk or parkway, or cause such sidewalk or parkway to be repaired or replaced, and shall thereupon be entitled to a lien upon the parcel adjoining the repaired sidewalk or parkway for the costs of such repairs or replacement.

(Ord. No. 2016-03 , § 1, 6-7-2016)

Editor's note

Ord. No. 2016-03 , § 1, adopted June 7, 2016, renumbered former § 30-124 as § 30-125 and added a new § 30-124 pertaining to replacement and repair of property and rights-of-way.