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Ordinance amending the City Code at Title Four: - Public Places and Property, Article I: Streets and Sidewalks, Chapter 417: Pavement Protection by adding a new section at 417.02 (a), setting the rate of compensation and, periodic recalculation, for damage to sidewalks caused by city tree roots.
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The Council of the City of Pittsburgh enacts as follows:
Section 1. The City Code is hereby amended at Title Four: Public Places and Property, Article I: Streets and Sidewalks, Chapter 417: Pavement Protection by adding a new section at 417.02 (a), City Tree Root Sidewalk Damage Claims and Compensation.
ยง 417.02 SIDEWALK AND CURB MAINTENANCE.
It shall be the duty of all owners of property abutting or adjoining streets to maintain all sidewalk pavements and curbing in proper and safe condition.
417.02 (A) City Tree Root Sidewalk Damage Claims and Compensation
1) In the event that a tree that has been installed by the city and/or the installation has been otherwise been sanctioned by the city, and should cause causes damage to the side walk and/or curb, the abutting property owner may file a claim for damages with the city's Department of Law.
2) Upon verification of the claim, the City Solicitor shall provide compensation to the abutting property owner(s) not to exceed Eight Dollars ($8.00) per sq. foot.
3) Every four (4) years, beginning on January 1, 2015, the City Solicitor shall, every four years, adjust the amount of compensation provided for sidewalk damage claims based upon the United States Department of Labor's, Bureau of Labor Statistics, Consumer Price Index ("CPI") for Pittsburgh. The percentage of increase/decrease in the Pittsburgh CPI shall be the percent of the increase/decrease in compensation provided.
4) The City Solicitor shall provide notice to the Council of any adjustment made to the amount provided for side walk damage claims.