§ 49-649. Contractor's guarantee.

(a)

Length of guarantee. The contractor shall be deemed to guarantee expressly sidewalks or driveways that he has constructed or reconstructed, for a period of three (3) years after acceptance of the work by the sidewalk inspector, and to agree to maintain the work and make all necessary repairs on the same during the said period of three (3) years, without additional charge or cost to the employer of the contractor or to the city.

(b)

Property owner's guarantee. A property owner who performs such work without a contractor shall be deemed to guarantee expressly sidewalks or driveways that he has constructed or reconstructed, for a period without limitation, after acceptance of the work by the sidewalk inspector, and to agree to maintain the work and make all necessary repairs on the same, without additional charge or cost to the city.

(c)

Scope—Causes. Said guarantee shall include repairs ordered because of imperfections or unsuitability of material or composition, too great or too little moisture, defects of workmanship, settling of fills or excavations, or any damage done to a curb, whether by breaking, cracking or dislocation of the curb, that is caused by the construction or reconstruction of a sidewalk or driveway.

(d)

Same—Components covered. Said guarantee shall extend to the body of said sidewalk or driveway, including the base and the wearing surface.

(e)

Determination of manager. The determination of the necessity for repairs shall rest entirely with the manager of public works or his designated representative, whose decision upon the matter shall be final and obligatory upon the contractor, or upon the property owner who performs the work without a contractor.

(f)

Reconstruction. The repairs required under said guarantee may extend to a total reconstruction of the whole body of the sidewalk or driveway, including the base and the wearing surface, when in the judgment of the manager of public works or his designated representative, such total reconstruction is necessary.

(Ord. No. 88-81, § 1, 3-9-81; Ord. No. 505-00, § 11, 6-26-00)