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ORDINANCE NO. 42, SERIES OF 1999
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING
SECTION 21.16.080, RESPONSIBILITY TO REPAIR HAZARDOUS
SIDEW ALK, DRIVEWAY, CURB, AND GUTTER,AND SECTION 21.16.090,
DEFINITION OF HAZARDOUS SIDEWALK, BY CHANGING THE
DEFINITION OF "DANGEROUS, HAZARDOUS, OR UNSAFE SIDEWALK"
TO "SIDEWALK IN NEED OF REPAIR"
WHEREAS, in 1975 the City Council adopted code language, now identified as
Section 21,16,080, Responsibility to Repair Hazardous Sidewalk, Driveway, Curb, and
Gutter, and Section 21.16.090, Definition of Hazardous Sidewalk, Etc., and
WHEREAS, the ordinance has resulted in unexpected claims of liability against the City
because of the use of the language "dangerous, hazardous, or unsafe sidewalk," and
WHEREAS, the Council wishes to continue to provide a mechanism for the repair of
sidewalks without the liability risk, and
WHEREAS, the substitution of the language "in need of repair" for the language
"dangerous, hazardous, or unsafe" will accomplish that goal while continuing to provide
a mechanism for the repair of sidewalks, and
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WHEREAS, Council finds that the amended ordinance furthers and is necessary for the
public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
That Sections 21.16.080 and 21.16.090 of the Aspen Municipal Code are hereby repealed
in their entirety and are reenacted to read as follows:
21.16.080 Responsibility to repair sidewalks, driveways, and
gutters.
When notified that any sidewalk, driveway, curb, gutter, or any combination thereof,
in front of or abutting upon or servicing any premises shall be in need of repair, the city
engineer shall cause notic.e to be served upon the owner or other person in charge of or
having the control and supervision..ofthe premises, to repair such sidewalk, driveway,
curb, or gutter within thirty (30) days. It shall be unlawful for any person to fail or refuse
to comply with such notice to repair. Upon a failure or refusal to comply with such a
r-, notice to repair, the city engineer may repair. the same by day's work or by contract, and
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the cost of such repair may be assessed upon and made a lien upon the land so benefited.
In addition thereto, the city may cause an action to be instituted against the owner or
the person in charge of the premises upon whom such notice was served in any court of
competent jurisdiction to recover such costs. All such remedies shall be cumulative.
21.16.090 Definition of sidewalk in need of repair.
For the purpose of this chapter, a "sidewalk in need of repair" shall mean a sidewalk in
any of the following conditions:
(a) Vertical displacement of the adjoining sidewalk section is in excess of three-quarters
(3/4) inch, or
(b) Lateral displacement of adjoining sidewalk section is in excess of one inch, or
(c) The sidewalk has a transverse slope in excess of one inch per foot or the combination
of transverse or longitudinal grade is insufficient for adequate drainage of the sidewalk
causing accumulation of water and ice.
Section 2.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 3.
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinance
amended herein, and the same shall be conducted and concluded under such prior
ordinance.
Section 4.
A public hearing on the ordinance shall be held on the 8th day of November 1999,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
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Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City of
Aspen on the 12th day of October 1999.
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Kathry~!,. ~Ch, City Clerk
FINALLY adopted, passed, and approved this yI't day of ~ 1999.
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