Item 6: Ordinance on Chapter 7 - Laserfiche WebLink

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(5) Neither the duty of the owner to maintain the sidewalk, curb and [driveway approach] access connection in good repair and safe condition, nor liability for owner's failure to do so is dependent upon the notice from the city to reconstruct or repair. (6) The owner shall defend and hold harmless the city from all claims for loss or damage arising from the owner's failure to comply with subsection 7.375(1). 7.385 [Building Construction - ]Sidewalk and [Driveway Approach] , CurbAccess Permit Required Connection Construction -. (1) Unless the construction, reconstruction or alteration is included in a publicly or privately engineered public improvement, an owner, builder or contractor shall obtain a construction permit from the city engineer prior to constructing, reconstructing or altering any sidewalk, curb or access connection. Applications for construction permits shall be submitted on the forms adopted by the city engineer. (2) Construction permit applications shall be reviewed and approved in accordance with this chapter 7 and the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways. (1) 3 When constructing a structure or an addition to a structure, [C]concurrent with the issuance of the [a] building permit for the construction of a structure or an addition to a structure, the owner, builder or contractor to whom the building permit is issued shall: (a) [o]Obtain a sidewalk [and driveway approach] construction permit for the construction of a sidewalk within the dedicated right-of-way for the full frontage in which a sidewalk is not in good repair or does not exist; and, (b) Obtain an access connection construction permit for the construction of any new access connection(s); and, [driveway approaches at approved curb cuts.] (c) [The sidewalk construction shall be c]Complete[d] construction of the sidewalk and/or access connection within the building construction period or within one year after the sidewalk and [driveway approach] access connection construction permit is issued, whichever is the lesser. (2) 4 Sidewalk construction shall be exempted from the requirements of this section for building permits for: (a) Construction adjacent to streets that have not been improved to city street standards. (b) Additions or alterations of single-family dwelling units and duplexes. (c) All other structures, additions or alterations in which sidewalk construction costs would exceed 10% of the value of the proposed construction. (3) 5 The city manager or designee may waive the requirement for sidewalk construction within rights-of-way where future street or public utility improvements are planned, where there is insufficient right-of-way, or where topographical and other physical constraints exist. (4) 6 If a sidewalk, curb or [driveway approach] access connection is not constructed within the time required by this section, then the city may construct it for the full street frontage in front of the property and proceed with the construction, assessment and collections of costs as provided in section 7.154 of this code. Ordinance - Page 4 of 12 09-PW-7-Access.Mangement / Ord-Ch.7.(v2)