§ 13.32.030. Repair and maintenance—Owner responsibility—Hold harmless agreement.

A.

It shall be the duty of both the owner and the person in possession of any property that adjoins a street, alley or sidewalk in the urban services district to keep and maintain that portion thereof which immediately adjoins and lies along the margin of such street, alley or sidewalk free from dangerous holes, declivities, excavations, obstructions and other defects that constitute a hazard to persons lawfully and properly using the street, alley or sidewalk. Such owner and such person in possession of such property shall erect such fences, rails or barriers along such street, alley or sidewalk as may be necessary to prevent such excavations, holes, declivities, obstructions and other defects from constituting a hazard to persons lawfully and properly using the street, alley or sidewalk. Such owner and such person in possession of such property shall also upon notice from the director of public works, place and securely fasten red warning lights at and along such street, alley or sidewalk; and keep the same burning during the entire night, and shall keep such lights burning each night until such dangerous condition has ceased to exist.

B.

The owner and person in possession of such property adjoining a street, alley or sidewalk shall indemnify and hold harmless the metropolitan government from any and all damages, losses, claims, charges, costs, suits, and actions of every nature and description that may be brought against the metropolitan government as a result of any injury or damage to persons or property sustained by reason of the violation of or failure to comply with this section or any part thereof, and such owner or person in possession of such property shall be liable over to the metropolitan government. The metropolitan government may recover from such owner or person in possession the full amount of its loss and damage, including all court costs, irrespective of whether there was a joint liability and a joint judgment against the metropolitan government and such owner or person in possession of such property.

(Prior code § 38-2-7)