HomeMy WebLinkAbout2018-O-04 - Maintenance of Sidewalks, Driveways, and Trees by Property Owners or Occupants —
ORDINANCE NO. 2018-0-04
AN ORDINANCE CREATING A NEW SECTION OF CHAPTER 95 OF THE CITY OF STEPHENVILLE CODE OF
ORDINANCE TITLED"95.13 MAINTENANCE OF SIDEWALKS, DRIVEWAYS,AND TREES BY PROPERTY
OWNERS OR OCCUPANTS"AND TO PROVIDE AN EFFECTIVE DATE OF JANUARY 2, 2018.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,THAT:
SECTION 95.13 MAINTENANCE OF SIDEWALKS, DRIVEWAYS AND TREES BY PROPERTY OWNERS OR
OCCUPANTS.
(a) It shall be the duty and the obligation of all owners, occupants and users of real property upon
which a sidewalk, driveway or other way is located and used by or which may be used by the
public to keep and maintain such sidewalk, driveway or way in a safe condition for use. Such
sidewalks, driveways or ways shall be maintained so as to be free of depressions, excavations,
inequalities, obstacles, obstructions or encroachments by the owner or occupant of such real
property.
(b) It shall be the duty and obligation of the owner and occupant of any property abutting upon any
defective, unsafe or hazardous sidewalk, parkway, way or driveway to repair the same at his
own expense.
(c) The city, or other utilities providers, regulate vegetation in easements and rights-of-way.
Notwithstanding the right of the city, or other utility providers to regulate vegetation in
easements or rights-of-way, it shall be the duty and the obligation of all owners, occupants and
users of real property abutting upon a tree or tree part, including those trees or tree parts
situated in the right-of-way, (excluding any median in a street), parkway, utility easement,
drainage easement or other public way, to maintain, at the expense of said owner, occupant
and/or user of said real property said tree or tree part in a safe condition and to trim, prune or
remove any tree or tree part that is in an unsafe or hazardous condition.
(d) If any injury or damage is occasioned or suffered or inflicted upon any person by reason of the
violation of the provisions of this section, primary liability for any loss or damage shall be upon
the owner, occupant or user of such property.
PASSED AND APPROVED this the 2nd day of January, 2018.
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•• -� •'• � Jerry K. Weldon II, Mayor
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Staci L.' ity Secretary P R P
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Ordinance No.2018-0-04 Page I of 2
95.13 Maintenance of Sidewalks,Driveways and Trees by Property Owners or Occupants
Reviewed by Allen . Barnes,
City Administrato
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Approved as to form and legality
Randy Thomas, City Attorney
Ordinance No.2018-0-04 Page 2 of 2
95.13 Maintenance of Sidewalks,Driveways and Trees by Property Owners or Occupants