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HomeMy WebLinkAboutOrdinance 89- 1297 Ordinance No. 1297 Maintenance and repair of sidewalks by property owners .- .. .. ~ ~ KILLED DECEMBER 11, 198 ORDINANCE NO. 1297 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUIRING PROPERTY OWNERS TO MAINTAIN AND REPAIR SIDEWALK(S) WHICH ADJOIN, ABUT OR FRONT ON THEIR PROPERTY. Preamble The purpose of this Ordinance is to protect the public by requiring landowners adjoining to, abutting on or fronting any public sidewalk(s) to keep said sidewalk(s) in good repair. WHEREAS, Sections 7-14-4109 and 7-14-4122 Montana Code Annotated (MCA) empowers the City Commission to regulate and provide for the construction and repair of sidewalks and to require the adjoining, abutting or fronting property owner to pay the costs thereof. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that the following sections be enacted into law: Section I l. DUTY OF PROPERTY OWNERS TO KEEP SIDEWALKS IN GOOD -- -- -- REPAIR. It shall be the duty of property owners which adjoin, abut or front on any public sidewalk(s) within the city limits of Bozeman, Montana, to keep said adjoining, abutting or fronting sidewalk(s) in a good state of repair and in a safe condition and the owners shall see that all breaks, defects or unsound condition of any character resulting from natural deterioration, or from any cause whatsoever, are repaired with all possible dispatch. 2. DEFECTIVE SIDEWALKS - ACCIDENTS - REPORTING. Employees - - of the Department of Public Works of the City of Bozeman shall and any other person having knowledge of a defective or unsafe sidewalk(s) may report the same to the Department of Public Works. Such report shall include the street address or location thereof, contain the particulars of the defect or unsafe condition, as well as the particulars of any accident that occurred as a result of the defective or unsafe condition. 1 . .' . 3. DEFECTIVE SIDEWALK(S) - FAILURE OF OWNER TO REPAIR. - - - When the Director of Public Works or his agent has given notice to the owner of any property adjoining to, abutting on or fronting any defective or unsafe sidewalk(s), the property owner shall undertake to repair the same within ten (10) days, or if the weather does not permit repair, the owner shall take immediate and effective steps to mitigate the defective or unsafe conditlon until repairs can be made. Upon refusal or neglect of the property owner to take necessary steps to either repair or mitigate the defective or unsafe condition, the Director of Public Works or his agent may immediately proceed with the same. The full cost of such repairs shall become a lien on the owner of the property adjoining, abutting or fronting the defective or unsafe sidewalk(s). 4. ABSENCE OF NOTICE TO REPAIR NOT A DEFENSE AGAINST LIEN OR - - -- -- ASSESSMENTS. Absence of notice to the property owner to repair detective or unsafe condition, shall not constitute a defense to any lien or assessment made on the property or excuse payment of any costs incurred by the City in undertaking to remedy the defective or unsafe condition. No provision of this Ordinance shall be construed as releasing the property owner from the duty of keeping the sidewalk(s) in front of, adjoining or abutting the property in a good state of repair and in a safe condition. Section II - Savings Provision. This Ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. Section III Severability. If any provision of this Ordinance is declared unconstitutional, or the applicablity thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Ordinance and applicability to other persons and circumstances shall not be affected thereby. 2 .~..:..-. .. ;I ... .- . PROVISIONALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this day of December, 1989. ~~p~ ~ ALFR M. STIFF - ~y ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this day of December, 1989, and effective thirty (30) days after said date. V:14 ~ ..#T rtt.:r > -ALF . M. STIFF - Mafo , ATTEST: ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: BRUCE E. BECKER City Attorney 3 __m_____ __