WHEREAS, Section 5-400 of the City of Wilmington Home Rule Charter sets forth the functions of the Department of Public Works of the City of Wilmington; and

WHEREAS, the Supreme Court of Delaware, in Schadt v. Latchford, Del. Supr., No. 232, 2002, Steele, J., (Feb. 6, 2004), held that the decision to share with private landowners the responsibility of maintain and repairing sidewalks must be made by the Wilmington voters or the General Assembly in the form of a properly enacted Charter amendment.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Section 5-400(a) of the City of Wilmington Home Rule Charter by deleting the phrase “alleys, footways,” as it appears therein.

Section 2. Further Amend Section 5-400(a) of the City of Wilmington Home Rule Charter by deleting the semicolon “:” found at the end of said subsection and inserting in lieu thereof the following:

“, and shall, itself or by contract, design, construct, repair and maintain alleys and footways, provided:

(i) The owner of any property facing, adjoining or abutting upon any public street, lane, alley or highway in the City, shall be required to pave and curb the sidewalk of such property or to construct, repair or replace the curb along such property, or to do the same for both such sidewalk and such curb;

(ii) the owner of any property or ground abutting a defective sidewalk, footway, or curb, shall be required to maintain, pave and repair the defects in any abutting sidewalk, footway or curb, including the sidewalk or footway between the curb stone and the building line, and every curb, along any of the public streets in the City, in vacant lots and lots whereon there is erected any dwelling house, office, place of business, railing, fence, stone or brick wall, or permanent structure of any king. Defects include, but shall not be limited to:

a. uneven pavement or depressions in the pavement in which there are holes caused by the wear or removal of the material of which it is composed;

loose bricks or any other loose material in the pavement;

b. materials that are broken, forced into ridges or forced out of normal position by trees, tree roots, frost, or by any other means; and

c. any other defect that forces the footway, sidewalk or curb out of position, whether by reason of being covered with weeds, mud, dirt, filth or other objectionable matter, whether forming naturally or artificially; and

(iii) the owner, or authorized agent of the owner, of any property or ground abutting any public street, lane, alley or highway in the City, in which any tree or shrub has been planted in the front, rear, or side of such property or ground, shall be required to remove any dead tree or shrub, or trim or repair any tree or shrub which is in a dangerous condition, whether as a result of disease, injury or other cause, which encroaches in, upon or over any sidewalk, footway, curb, street, highway, lane or alley.

Section 3. Amend Section 5-400(c) of the City of Wilmington Home Rule Charter by inserting at the end of said subsection the following:

“This authorization shall not relieve the obligation of the owner or authorized agent of the owner, of any property or ground abutting a sidewalk to remove any snow or ice that forms upon any sidewalk or in any gutter within the City by the drainage or overflow from any property. Said owner or authorized agent shall remove, or cause to be removed, such snow or ice immediately after its formation, whether the same shall be formed upon the sidewalk or in the gutter abutting such property, or on the sidewalk or in the gutter of adjoining properties. In case any snow shall fall or ice shall be formed on the sidewalk of any public street in the City, it shall be the duty of the occupant, lessee, owner or agent of the property, in that descending order, which fronts or abuts upon any such sidewalk, to remove, or cause to be removed, all such snow and ice from that one-half of the sidewalk of the property nearest the building line; and also, to make, or cause to be made, a pathway, no less than two feet in width, from such cleared portion of the sidewalk to the street gutter, by the removal of such snow and ice therefrom, within 24 hours after such snow shall cease to fall or after the formation of such ice.”.

SPONSOR:	Rep. DiPinto & Sen. Marshall