An ordinance amending paragraph 7 of section 13-12(a) and paragraph 7
of section 13-12(b) of Article 1 of Chapter 13 of the revised general
ordinances of the City of Englewood, as heretofore amended by ordinance No.
87-14, relating to the reconstruction and maintenance of sidewalks.
BE IT ORDAINED by the Council of the City of
Section 1. Paragraph 7 of
Section 13-12(a) of Article 1 of Chapter 13 of the Revised General Ordinances
of the City of Englewood, as heretofore amended by Ordinance No. 87-14,
relating to the exterior appearance of residential premises and structures, is
hereby further amended to read in full as follows:
"(7) Reconstruction and
Maintenance of Sidewalks: Each owner of
land abutting or bordering upon the sidewalks of any streets or public place
shall keep the sidewalks in front of such premises at all times in a safe,
passable and orderly condition, free from snow, ice, leaves, grass, weeds or
other debris or obstructions. In the
case of cracked, broken or uneven sidewalks, such person shall reconstruct,
replace or reset such portion of the sidewalks so as to correct said condition
in accordance with the requirements of Chapter 22 hereof provided, however,
that the failure to make said corrections shall not constitute a violation
hereof where the owner establishes by a preponderance of the evidence that said
condition has resulted exclusively from the growth of publicly-owned shade
trees planted by the City or from the installation or removal or street
lighting stanchions. In the case there
is snow or ice on the sidewalks, such person shall remove the same within 24
hours after the snow shall have ceased falling or after the ice has
formed."
Section 2. Paragraph (8)
of Section 13-12(b) of Article 1 of Chapter 13 of the Revised General
Ordinances of the City of Englewood, as heretofore amended by Ordinance No.
87-14, relating to the exterior appearance of
nonresidential premises or structures, is hereby further amended to read
as follows:
"(8) Reconstruction and
Maintenance of Sidewalks: Each owner of land
abutting or bordering upon the sidewalks of any streets or public place shall
keep the sidewalks in front of such premises at all times in a safe, passable
and orderly condition, free from snow, ice, leaves, grass, weeds or other
debris or obstructions. In the case of
cracked, broken or uneven sidewalks, such person shall reconstruct, replace or
reset such portion of the sidewalks so as to correct said condition in
accordance with the requirements of Chapter 22 hereof provided, however, that
the failure to make said corrections shall not constitute a violation hereof
where the owner establishes by a preponderance of the evidence that said
condition has resulted exclusively from the growth of publicly-owned shade
trees planted by the City or from the installation or removal of street
lighting stanchions. In the case there
is snow or ice on the sidewalks, such person shall remove the same within 24
hours after the snow shall have ceased falling or after the ice has
formed."
Section 3. If any
sentence, clause, or other portion of this ordinance, or the application
thereof to any person or circumstance, shall for any reason be adjudged by a
court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, or repeal the remainder of this ordinance.
Section 4. All ordinances
or parts thereof inconsistent herewith are hereby repealed to the extent of
such inconsistency.
Section 5. This ordinance shall take effect immediately
upon passage and publication as required by law
#362 Press Journal
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