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    Sec. 35-61. Maintenance and Indemnification.

     

    Sec. 35-61. Maintenance and indemnification.
     
    (a) In order to protect the public safety it shall be the duty of the owner or occupant of any real property which abuts any sidewalk, steps, bridge, or any other crossing that has been installed in the public right-of-way for the benefit of the private property abutting the public right-of-way to maintain, at the owner or occupant's sole expense, such sidewalk, steps, bridge, or other crossing in a safe condition.
     
    (b) If the owner or occupant fails to maintain such sidewalk, steps, bridge, or other crossing, within five (5) days after receiving notice from the city, the city may cause such repairs to be made and the cost of the repairs shall be recovered from the owner or occupant in the same manner that delinquent taxes are covered. Lack of notice from the City shall not relieve the owner or occupant of the responsibility to maintain such sidewalk, steps, bridge or other crossing in a safe condition.
     
    (c) Since the installation of sidewalk, steps, bridge or any other crossing covered under the provisions of this section is for the sole benefit of the owner or occupant of the real property abutting the public right-of-way in which such crossing is installed, the owner or occupant, and their successors in interest, shall indemnify, hold harmless, and defend the city, its employees and officials, from all claims, expenses, and costs, including reasonable attorney's fees, for damages or injuries to any person or property of any nature whatsoever, arising out of the construction and maintenance of such sidewalk, steps, bridge, or other crossing. (Ord. No. O-95-313, 11-28-95)
     
    Last updated date: 10/23/2006 4:15:21 PM