15.10.080 Repair, Removal or Replacement of Defective Sidewalks, Curbs, and Gutters.
(1) Provo City may, on its own initiative or at the request of others, construct, reconstruct, repair, and/or replace sidewalks, curbs, and gutters, located on public property. To provide a comprehensive approach for such construction, repair or replacement, the Mayor may adopt a policy statement setting forth standards for annual inspection, planning, construction, repair, and replacement. The policy may also establish criteria for setting priorities for repair and replacement, based upon hazard to the public; and may further provide for phased implementation based upon the seriousness of existing and potential hazards and the availability of funds.
(2) It shall be the sole prerogative of the City to determine the necessity and the extent of the construction, extraordinary repairs, or replacements, to be performed by the City or its agents. Conditions to be considered by the City when determining whether sidewalks, curbs, and gutters, should be constructed, repaired, or replaced pursuant to this Section shall include, but not be limited to:
(a) Broken panels;
(b) Panels having a different elevation at the junction thereof;
(c) Panels with a deteriorated surface;
(d) A finding that the condition of the sidewalk, curb, or gutter, is hazardous for anticipated users thereof;
(e) A finding that inclusion of the proposed repairs in a special improvement district is not practical; and
(f) The requirements of the Americans with Disabilities Act.
(3) When the owner of real property requests repair or replacement of sidewalk, curb, or gutter; bounding, abutting upon, or adjacent to the owner’s land, at a time which is different than that scheduled by the City, the City, at its option, may decline to make such out-of-phase improvement or may agree to make such out-of-phase improvement pursuant to one (1) of the following alternative agreements, which alternative agreement shall be chosen by mutual agreement with the owner of real property:
(a) Have the City provide all labor and materials required or contract for the removal, replacement or repair, with the City assuming fifty percent (50%) of the cost and the owner assuming fifty percent (50%) of the cost; or
(b) Negotiate an equitable sharing of the cost of removal and replacement based on the special or unique characteristics of the particular sidewalk, curb, and gutter right-of-way and the benefits to such property by reason of the removal, replacement, or repair.
(4) If the owner of real property has directly or indirectly been the cause of damage to the subject sidewalk, curb, or gutter the repair or replacement shall be considered a benefit to that owner and the owner shall assume all costs attributable to the owner’s actions or neglect.
(5) The City Engineer, or the City Engineer’s designee, shall within fifteen (15) days of any request, determine as described in Subsection (2) of this Section, if sidewalk, curb, or gutter shall be repaired, removed or replaced, and shall make the allocation described in Subsection (3) of this Section between the landowner and the City of the reasonable costs of repair, removal or replacement. In the absence of the City Engineer’s setting forth unique circumstances, as described in Subsection (3) of this Section, it shall be presumed that the proper allocation of costs is payment of fifty percent (50%) by the property owner and payment of fifty percent (50%) by the City.
(6) The owner’s obligation of payment described in Subsection (3) of this Section shall not commence until thirty (30) days after the City has mailed reasonable notice (unless the same has been waived in writing) to each owner of real property described in Subsection (3) of this Section, which notice shall contain not less than the following:
(a) a description of the sidewalk, curb, or gutter which has been or is proposed to be repaired or replaced, and the reason therefor;
(b) the cost of the repair or replacement and the allocation of that cost between the property owner and the City; and
(c) a statement that the property owner may appeal any claim by the City for payment and a description of the time and manner in which the same may be done.
(7) Any person directly affected by a decision of the City Engineer, or the City Engineer’s designee, may appeal the same within thirty (30) days after the mailing date of the notice described in Subsection (4) of this Section. Appeals shall be conducted pursuant to Chapter 3.10, Provo City Code.
(8) The City may agree to reasonable terms, including the payment of interest, for the payment of the share of costs to be paid by the property owner. The City may bring a civil action and collect any unpaid sum, including interest, costs, and a reasonable attorney’s fee, which is owed pursuant to this section.
(9) The purpose of this Section is to avoid liability to Provo City and to the owners of private property because of defective sidewalks.
(10) This Section shall not apply to the new construction of sidewalks in subdivisions or other places. This Section shall not prohibit the repair of sidewalks for reasons other than those described in Subsection (2) of this Section if the same is done at the landowner’s sole expense, and according to applicable law and City specifications.