Section 7-210. Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition  


Latest version.
  • a. It shall be the duty of  the  owner of real property abutting any sidewalk, including, but not limited
      to,  the  intersection  quadrant  for  corner property, to maintain such
      sidewalk in a reasonably safe condition.
        b. Notwithstanding any other provision  of  law,  the  owner  of  real
      property  abutting  any  sidewalk,  including,  but  not limited to, the
      intersection quadrant for corner  property,  shall  be  liable  for  any
      injury  to  property  or  personal  injury, including death, proximately
      caused by the failure of such owner  to  maintain  such  sidewalk  in  a
      reasonably  safe  condition.  Failure  to  maintain  such  sidewalk in a
      reasonably safe condition shall include, but  not  be  limited  to,  the
      negligent  failure to install, construct, reconstruct, repave, repair or
      replace defective sidewalk flags and the  negligent  failure  to  remove
      snow,  ice,  dirt  or other material from the sidewalk. This subdivision
      shall not apply to one-, two- or three-family residential real  property
      that  is  (i)  in  whole  or  in  part,  owner  occupied,  and (ii) used
      exclusively for residential purposes.
        c. Notwithstanding any other provision of law, the city shall  not  be
      liable  for  any injury to property or personal injury, including death,
      proximately caused by the failure  to  maintain  sidewalks  (other  than
      sidewalks  abutting one-, two- or three-family residential real property
      that is (i)  in  whole  or  in  part,  owner  occupied,  and  (ii)  used
      exclusively  for  residential  purposes) in a reasonably safe condition.
      This subdivision shall not be construed to apply to the liability of the
      city as a property owner pursuant to subdivision b of this section.
        d. Nothing in this section shall in any way affect the  provisions  of
      this  chapter  or of any other law or rule governing the manner in which
      an action or proceeding against the city  is  commenced,  including  any
      provisions requiring prior notice to the city of defective conditions.