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HomeMy WebLinkAboutORD 79-71 ORDINANCE 140. • ENTITLED AN ORDINANCE ANOZING CHAPTER 23, SECTICN 23-41 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO MUVE THE REQUIREMENT THAT THE OWNER OF ABUTTING PROPERTY BE RESPONSIBILE FOR THE CONDITIO14 OF CURBS AND GUTTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 23, Section 23-41 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to read as follows: Section 23-41 - It shall be the duty of the owner, agent in charge or tenant of property abutting on any sidewalk or parkway to keep such sidewalk or parkway in good and safe conditions and free from any defects of whatever kind or character and any such party who shall fail to comply herewith shall be primarily liable in damages for any injuries (including death) , loss or damage sustained as a result of such unsafe and defective condition. In this connection, any sidewalk or parkway which has become or is defective, unsafe or hazardous is hereby declared to be nuisance and the failure of any owner, agent in charge, or tenant, to construct or reconstruct or repair any such sidewalk or parkway ordered to be constructed, reconstructed or repaired by the City Engineer shall constitute a misdemeanor. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circL stances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY CITY COUNCIL of the City of Beaumont this the Y Of 1979. - Mayor -