Sec. 744.114. - Maintenance of streets.

(a) Any street, as defined in Section 654.105 (mm) of the Ordinance Code, which serves abutting properties used for human habitation shall be maintained so as to provide vehicular access to such properties; provided, the City shall not maintain any street other than a public street except for unsafe conditions as provided in subsection (b) of this Section. Any street which is not so maintained is declared to be a public nuisance and contrary to the public health, safety and welfare. (b) When the Director of Public Works or his designee determines that a street has not been maintained as required in subsection (a) of this Section, he shall advise the General Counsel thereof and request abatement of the nuisance by injunction or other action as appropriate. (c) When, by lack of proper maintenance, a street has become so impassable that it cannot be utilized to provide access for emergency vehicles, such as fire, police and rescue, the Director or his designee may declare an unsafe condition exists, the Director or his designee is authorized to then perform, or cause to be performed, such maintenance or repair as is necessary to restore the street to a condition that will provide access for such emergency vehicles. As soon as practical, and in any event, within 15 working days after maintenance or repair is performed, the Director or his designee shall deliver written notice of such maintenance or repair to the Office of the Mayor, Council President, and District Council Member representing the district where the unsafe condition existed. (d) Whenever the Director of Public Works performs maintenance or repair to relieve unsafe conditions as provided in subsection (c) of this Section on any street, other than a public street, he shall certify such action to the billing official and provide the appropriate billing information, so that the billing official can institute appropriate action to recover the cost of such maintenance or repair from whomever is responsible under law for maintenance of such street. (Ord. 88-939-787, § 4; Ord. 90-709-572, § 7; Ord. 91-143-52, § 1; Ord. 91-1248-492, § 12; Ord. 2013-185-E, § 7)