Record of Resolutions

Resolution No.: 2004-12

Passed Jun. 14, 2004

SIDEWALK ORDINANCE

NOW THERFORE BE IT ORDAINED by the Council of the Village of West Lafayette,  State of Ohio as follows:

SECTION I.  DEFINITIONS.   In this ordinance:

a.       “Owner” means:

i.                     in the case of land, any person who is recorded on the tax records as the owner of land, or

ii.                   in the case of property other than land, any person who is in lawful possession thereof

b.      “Occupant” means:

i.                     a person who is in physical possession of a property, or

ii.                   a person who has responsibility for, and control over, the condition of a property, the activities conducted on that property, and the persons allowed to enter that property

c.       “Person” includes any individual, corporation, society, association, partnership or firm, and the successor or the heir, executor, administrators, or other legal representatives of a person

d.      “Sidewalk” means that part of a highway especially adapted to the use of or ordinarily used by pedestrians and includes that part of the highway between the curb line (or the edge of the roadway where there is no curb line) and the adjacent property line, whether or not paved or improved.

SECTION II.  “Whereas, every occupant, owner or person of every house, shop, building, lot, parcel of land, or other property that adjoins or is abutting to or on a sidewalk in the Village of West Lafayette shall be charged with the responsibility to keep such sidewalk in a good state of repair and free from defects and debris.  Failure to maintain will result in the Village of West Lafayette undertaking such repair or remedy and charging back to the property owner.  On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Alternatively, should the Village of West Lafayette be called upon to make such payment to a third party, the Village will look to the adjoining/abutting landowner for contribution and indemnity.”

SECTION III.  that this ordinance shall be passed and take effect and be in force as a non-emergency measure after three readings and approval by the Mayor.

PASSED IN COUNCIL THIS __________ DAY OF ________________ 2004

                                                                                                ____________________________________

Jack L. Patterson, Mayor

Attest:

________________________________

Dru A. Prater, Fiscal Officer