HomeMy WebLinkAboutOrdinance 89- 1297 Ordinance No. 1297 Maintenance and repair of sidewalks by property owners
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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
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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
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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.
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3. DEFECTIVE SIDEWALK(S) - FAILURE OF OWNER TO REPAIR.
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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
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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
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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.
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PROVISIONALLY PASSED, ADOPTED AND APPROVED by the City
Commission of the City of Bozeman, Montana, this day of
December, 1989.
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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.
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-ALF . M. STIFF - Mafo ,
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
BRUCE E. BECKER
City Attorney
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