Ordinance No. 91-12 CITY OF TIGARD, OREGON
ORDINANCE NO. 91- /2.
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 15.12.010,
k MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS.
WHEREAS, TMC 15.12.010 designates repair and maintenance of sidewalks
as the responsibility of the abutting property owner; and
WHEREAS, Oregon caselaw suggests the City should add language to the
code to further pro`�ect the City's interests.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: TMC 15.12.010, designating repair and maintenance of
sidewalks as the responsibility of abutting property owners, is hereby
amended as follows with language to be added underlined and language to
be deleted in [brackets] :
"15.12.010 Maintenance and repair of public sidewalks"
It is the duty of all persons owning lots or land which
have public sidewalks abutting the same, to maintain and
keep in repair the sidewalks and not permit them to become
or remain in a dangerous or unsafe condition. "Maintenance"
includes, but is not limited to, the removal of snow and
ice. Any owner[s] of a lot[s] or land who neglects to
promptly comply with the provisions of this section is fully
liable to any person injured by such negligence. The City
shall be exempt from all liability, including but not
limited to common-law liability, that it might otherwise
incur to an injured party as a result of the City's_
negligent failure to maintain and repair public sidewalks."
SECTION 2: This ordinance shall be effective 30 days after its passage
by the Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By V/9011 rrY 0W-S vote of all Council members present
after being read by number and title only, this )) 5 f
day of , 1991.
4heriin
e Wheatle , City Reco er
APPROVED: This _�/6� day of
rc?s;-fir`
Ap s to form:
City Attornliht Dat
ORDINANCE No. 91-
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