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HomeMy WebLinkAboutOrdinance 90- 1300, Amends § 12.20.035, repair of sidewalks by abutting owners ? j' ORDINANCE NO. 1300 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 3 OF ORDINANCE NO. 1235, AS CODIFIED IN SECTION 12.20.035 OF THE BOZEMAN MUNICIPAL CODE, BY DELETING THE PHRASE "CURBS, GUT- TERS OR COMBINATION THEREOF". NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS: Sect ion 1 That Section 12.20.035 of the Bozeman Municipal Code be amended to read as follows: 12.20.035 Repair of sidewalks by abutting owners; failure to repair. All owners or agents of owners with property abutting and fronting upon any ,,-f-alil, street or alley within the corporate limits of the City are required to keep the public sidewalks,-et:trbs-,--gttHers-"'Ot"'--eombtrta-'t+en"'-t+tereof.., immediately abutting their property in good order and repair. Each such owner shal I be liable to the City for all losses to the City or recoveries from the City for damages to person or property of others caused by his failure or that of his agents to repair and keep in good order and reasonably safe condition all such sidewalks abutting and fronting his property t:tptnr--Bfi'1'-".ral-lt;-"""'5"me{-"t)f'--eHey within the corporate limits of the City. The City may, at its discretion, through the Director of Public Service, notify such owner that repairs are nec- essary to put such sidewalk,-et:tl"b-,--gtt~"'Ot"'--eombfftat16f't'"'-t+tereof.., in good order and such owner shall, within thirty days after such notification, under the supervision of the Director of Public Service, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the City may repair same and pay for said repairs. The amount so paid by the City shall be a lien upon the lot and may be enforced or the amount may be re- covered against the owner by a suit before any court of competent jurisdiction. Section 2 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. , to Section 3 Severability. I f any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the con- stitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Com- mission of the City of Bozeman, Montana, this 29th day of January 1990. ATTEST: ~~o R N L. ULLlVAN fPt-' Clerk of the Commission FI NALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 12th day of February 1990, and ~ effective thirty (30) days after said date. . APPROVED AS TO F7M: lZ~~ :-') /!- BRU~:--6~-c ER . City Attorney ,- \ - 2 -