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~i i 7.365 Eugene Code 7.380 ~ ~ 7.365 Sidewalks - Subdivision Variances. When approving subdivision plats, the planning director may grant a variance as to location or width of sidewalks or may recommend to the council that sidewalks not be required when, in the director's opinion, these provisions are impractical because f topography. (Section 7.365 amended by Ordinance No. 19393, enacted July 28, 1986, effectiv January 28, 1987.) 7.370 Sidewalks - Owners to Fill Ground Between Curb and Sidewalk. It shall be the duty of all property owners to fill with earth, soil, brick, g avel, clay, loam, cinders, mulching material or Portland cement con- y Crete, b t not asphaltic concrete, the space between the curb and sidewalk in front of their property and to the curb line of the street at the inter- ] sections to a level and grade with the curb and sidewalk. Subject to sec- ; tions 4. 32 and 4.833 of this code, and sections 7.635 to 7.650, a ground cover or tree may be used provided it is approved in writing by the city manager r the manager's designee. (Section 7.370 amended by Ordinance No. 19393, enacted July 28, 1986, effectiv January 28, 1987.) 7.375 Sidewalks and Driveway Approaches - Owner's Responsibility to Maintain. (1) The owner of land abutting a sidewalk shall maintain the side- ; walk and driveway approaches in good repair and safe condition. (2) The owner shall be liable for injury, damage or loss to per- son or p operty caused by the owner's negligent failure to comply with sub- section 1) of this section. (3} The city shall not be liable for injury, damage or loss to any person o property caused in whole or in part by the defective or dangerous conditio of any sidewalk or driveway approach. (4) The city engineer may serve notice on the owner to reconstruct or repai the abutting or adjoining sidewalk or driveway approach as condi- tions ma require. A notice to reconstruct or repair and the owner's duty to repai shall be governed by sections 7.152 to 7.154 of this code. (5) Neither the duty of the owner to maintain the sidewalk and driveway approach in good repair and safe condition, nor liability for own- ; er's failure to do so is dependent upon the notice from the city to recon- 1 struct o repair. (6) The owner shall defend and hold harmless the city from all claims f r loss or damage arising from the owner's failure to comply with ~ subsecti n 7.375(1). (Section 7.375 amended by Ordinance No. 19393, enacted July 28, 1986.) 7.380 Sidewalks - Privately Constructed. Whenever a property owner i having received notice to construct a sidewalk or on his own j initiativ shall desire to either construct the sidewalk himself or employ a rivate contractor to do so, he shall secure a permit from the j office of the city engineer. Ne shall notify the city engineer's office when the sidewalk has advanced to a point where it is ready to be inspected before the material is placed. ~r 7-41 02/16/87