Chapter 14.16
SIDEWALK REPAIRS

Sections:

14.16.010    Owner duty – Council power.

14.16.020    Notice of defective sidewalks.

14.16.030    Permit for repairs.

14.16.040    Repairs by City.

14.16.050    Assessment for repairs by City.

14.16.060    Liability of owners.

14.16.010 Owner duty – Council power.

It is hereby made the duty of all owners of land adjoining any street in the City to maintain in good repair the sidewalks in front of the land. The Council shall have the power and authority to determine the grade and width of all sidewalks, the material to be used, and the specifications for the repair thereof, upon any street or part thereof, or within any district in the City. (Ord. 2736 § 1, 1957).

14.16.020 Notice of defective sidewalks.

(1) If the owner of any lot or part thereof or parcel of land allows any sidewalk along the same to become out of repair, it shall be the duty of the City Engineer, his/her deputy or any persons appointed by the Council for that purpose, to give notice to the owner of the property adjacent to the defective sidewalk to repair it. The notice shall direct the owner, agent or occupant of the property to immediately repair the same in a good and substantial manner to comply with specifications for Albany’s sidewalks.

(2) The notice to repair defective sidewalks shall be mailed by registered or certified mail, postage prepaid, to the record owner or owners of said property, or their agent at the address designated on the Linn County real property tax assessment rolls. The notice to repair defective sidewalks shall contain:

(a) A description of the real property, by street address or otherwise, adjacent to the defective sidewalk.

(b) A direction to repair the defective sidewalk within 60 calendar days from date of receipt of notice.

(c) A description of the work to be done.

(d) A statement that unless the deficiency is corrected within the time specified, the City may correct the deficiency, and the cost of the work shall be assessed against the real property adjacent to the repaired sidewalk.

(3) Upon completion of the mailing of notice to repair defective sidewalks, the persons doing said mailing shall execute and file a certificate with the City Recorder, stating the address and date of mailing said notice.

(4) An error in the name or address of the property owner/owners/agent shall not make the notice void, and in such case the notice shall still be sufficient. (Ord. 5026 § 1, 1993; Ord. 4687, 1985; Ord. 2736 § 2, 1957).

14.16.030 Permit for repairs.

The owner, agent or occupant, before making the repairs, shall obtain from the City Engineer a permit to do so, which shall prescribe the kind of repair to be made, the material to be used and specifications therefor. (Ord. 4687, 1985; Ord. 2736 § 3, 1957).

14.16.040 Repairs by City.

If the owner, agent or occupant of any such lot or part thereof, or parcel of land shall fail, neglect or refuse to make the sidewalk repairs within the time designated, the City Engineer shall make the same, and keep an accurate account of the cost of the labor and materials used in making the repairs in front of each lot or parcel of land and shall report to the Council the cost of the repairs, and a description of the lot or part thereof or parcel of land fronting on the sidewalk upon which such repairs are made. (Ord. 4687, 1985; Ord. 2736 § 4, 1957).

14.16.050 Assessment for repairs by City.

The Council shall, at least once each year, by ordinance assess upon each of the lots or parts thereof or parcels of land fronting upon sidewalks which have been so repaired or laid the cost of making the repairs or laying the same including legal, administrative and engineer costs attributable thereto. In each case all such assessments may be combined in one assessment roll and the same shall be entered in the docket of City liens and collected in the same manner as is provided by ordinance for the collection of assessments for local improvements. (Ord. 2736 § 5, 1957).

14.16.060 Liability of owners.

The owner or owners of land adjoining any street in the City shall be liable to any person suffering injury by reason of any defect in the sidewalks in front of the land. (Ord. 2736 § 6, 1957).