HomeMy WebLinkAbout2223 Duty & Liability of Property Owners to Sidewalks
ORDINANCE NO. ~ ~::< 3
AN ORDINANCE AMENDING PROVISIONS OF THE ASHLAND MUNICIPAL CODE WITH
RESPECT TO THE DUTY AND LIABILITY OF ADJACENT PROPERTY OWNERS WITH
RESPECT TO SIDEWALKS; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 13.04.020 of the Ashland Municipal Code
is hereby amended to read in its entirety as follows:
"13.04.020 Duty to Repair and Clear Sidewalks. It is the
duty of the owners of land adjoining any street to maintain in
good repair and to remove obstructions from the adjacent sidewalk.
(A) The owner of real property responsibile 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 person to
perform the duty which this section imposes, the person 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."
SECTION 2. It is hereby adjudged and declared that the existing
conditions are such that this Ordinance is necessary for the preservation
of the public health and safety of the people of the City of Ashland and
that an emergency is hereby declared to exist and this Ordinance shall
take effect and be in full force and-,effect from and after it passage
and approval by the Mayor.
The foregoing Ordinance was first read at a regular meeting of
the Common Council held on the~lwCdayof September, 1982, and passed to
its second reading and duly passed on the S~day' of Octbbet 1982.
Dated this 1~ day,.of ,octp.!)er:.;, 1982.
APPROVED:
ATTEST:
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CITY RECORDER
Ordinance No. ~;;; .;<3
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HAYOR
RONALD L. SALTER
ATTORNEY AT LAW
e4 THIRD STREET
ASHLAND, OREGON 97520