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Ordinance No. 85-44 CITY OF TIGARD, OREGON ORDINANCE N0, 85-- 44 AN ORDINANCE ADDING TO THE TIGARD MUNICIPAL CODE, CHAPTER 15.12 SIDEWALKS, SECTION 15.12.010 MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS AND REPEALING SECTION 7.32.100 FAILING TO REMOVE ICE OR SNOW, AND DECLARING AN EFFECTIVE DATE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that recent cases decided by the Oregon Court of Appeals would render the City's existing code relating to sidewalk maintenance inadequate as to protection of the public's interest in reference to assignment of liability. Sec71on 2; 7,1Z Counci.1 4.aclarzz i,5 ir.tGnt tv a55i.9n a (] 11-11pose the duty to maintain and repair public sidewalks, and the liability for failure to do so, on the abutting land owner. Section 3_ The Council. hereby adds to the Tigard Municipal Code, a new chapter as follows: Chatter 15.12 Sidewalks "Section 15.12.010 Maintenance anddRRepair of Public Sidewalks:" It shall be the duty of all persons owning lots or land which have public sidewalks abutting the same, to maintain and keep in repair said sidewalks and not permit the same to become or remain in a dangerous or unsafe condition. "Maintenance shall include, but not be limited to, the removal of snow and ice." "Any owner of lots or land who neglects to promptly comply with the provisions of this section shall be fully liable to any person injured by such negligence." Section 4: The Council hereby repeals Section 7.32.100 Failing to Remove Ice or Snow ._ PASSED: By unanimous vote of all Council members present after being read by number and title only, this 18*h day of _ `November 1985. oreen R. Wilson, Acting City Recorder APPROVED: `This 18th day of November 1485 s john E. Cook, Mayor ia14274A ORDINANCE NO. 85-- 44 Page 1