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Ordinance No. 20458
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Ordinance No. 20458
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Last modified
6/10/2010 3:51:44 PM
Creation date
3/10/2010 10:36:18 AM
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Council Ordinances
CMO_Document_Number
20458
Document_Title
Ordinance on Access Management - Chapter 7
Adopted_Date
3/8/2010
Approved Date
3/10/2010
CMO_Effective_Date
4/9/2010
Signer
Kitty Piercy
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Section 4. <br /> The headings of Sections 7.297 and 7.308 of the Eugene Code, 1971, are <br />amended to provide as follows: <br />7.297 Public Way Construction and Use - Insurance Requirement; Safety <br />. <br />7.308 Public Way Construction and Use -Opening Public Ways; Restoration and <br />Maintenance <br />. <br />Section 5. <br /> Section 7.360 of the Eugene Code, 1971, and the title above that Section, are <br />amended to provide as follows: <br />Sidewalk, Curb and Access Connection Requirements <br />7.360 Sidewalks,Curbs, Access Connections - Standards <br />. All sidewalks, curbs and <br />access connections shall be built in accordance with this chapter 7, adopted <br />standard specifications, drawings and design standards and built to grades and <br />alignments approved by the city engineer. <br />Section 6. <br /> Sections 7.375 and 7.385 of the Eugene Code, 1971, are amended to provide <br />as follows: <br />7.375 Sidewalks, Curbs and Access Connections - Owner's Responsibility to <br />Maintain <br />. <br />(1) <br /> The owner of land abutting a sidewalk shall maintain the sidewalk and curbin <br />good repair and safe condition. Access connection(s) shall be maintained in <br />good repair and safe condition by the owner of land served by the access <br />connection(s). <br />(2) <br /> The owner shall be liable for injury, damage or loss to person or property <br />caused by the owner's negligent failure to comply with subsection (1) of this <br />section. <br />(3) <br /> The city shall not be liable for injury, damage or loss to any person or property <br />caused in whole or in part by the defective or dangerous condition of any <br />sidewalk, curb or access connection. <br />(4) <br /> The city engineer may serve notice on the owner to reconstruct or repair the <br />abutting or adjoining sidewalk, curb or access connection as conditions may <br />require. A notice to reconstruct or repair and the owner's duty to repair shall <br />be governed by sections 7.152 to 7.154 of this code. <br />(5) <br /> Neither the duty of the owner to maintain the sidewalk, curb and access <br />connection in good repair and safe condition, nor liability for owner's failure to <br />do so is dependent upon the notice from the city to reconstruct or repair. <br />(6) <br /> The owner shall defend and hold harmless the city from all claims for loss or <br />damage arising from the owner's failure to comply with subsection 7.375(1). <br />7.385 Sidewalk, Curb and Access Connection Construction - Permit Required <br />. <br />(1) <br />Unless the construction, reconstruction or alteration is included in a publicly or <br />privately engineered public improvement, an owner, builder or contractor shall <br />Ordinance - Page 3 of 9 <br />
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