HomeMy WebLinkAbout3299 Amending AMC 13.04 Construction, Repair and Alteration of Sidewalks ORDINANCE NO. 3299
AN ORDINANCE AMENDING AMC 13.04 CONSTRUCTION, REPAIR AND
ALTERATION OF SIDEWALKS, SECTION 13.04.020 DUTY TO REPAIR
AND CLEAR SIDEWALKS
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
WHEREAS,Article 2. Section I of the Ashland City Charter provides:
Powers of the Cily. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 13.04.020 Duty to Repair and Clear Sidewalks is amended as follows:
14 is the duty of the o"eFs of land adjoln:lng aqy street to maintain in good repair-and to
remove obstructions &-om the adjacent sidewalk.
Landowners whose property is aoiacent to a street with a sidewalk must keep the sidewalk
in good repair and remove any obstructions and must adhere to the City of Ashland's
Englneer:ing,Design-Standards Right-of-AN"ay. This responsibility applies even when a
public right-of-wgy lies between the sidewalk and the landowner's property.
A. The owner of real property responsible for maintaining the adjacent sidewalk shall be
primarily liable to any person injured because of any negligence of such person in failing to
maintain the sidewalk in good condition,
B. If the City is required to pay damages for the injury to persons or property caused by the
failure of the owner to perforin the duty which this section imposes, such owner shall
compensate the City for the amount of the damages thus paid,plus court costs and fees incurred
by the City. The City may maintain an action in any court of competent Jurisdiction to enforce
the provisions of this Section. (Ord. 2223, amended, 1982; Ord. 1515 § 2, amended, 1967)
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in fall force and effect.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word"ordinance"may be changed to "code". "article", "section", "chapter"or another
ORDINANCE NO. 3299 Page 1 of 2
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the day of , 2026, and duly PASSED and
ADOPTED this day of a" M g _ , 2026.
SIGNED and APPROVED this day of , 2026.
ATTEST: `
issa Kolo z' ski, e
)rwr)A- Ajv'_��
Tonya Gra 6 in,Mayor
Reviewed as to form:
i Pi i , City Attorney
ORDINANCE NO. 3299 Page 2 of 2