Sec. 24-32. - Construction and maintenance of railroad trestles, bridges, grade crossings and spur crossings of public ways.
(a) It shall be the duty of every railroad company to maintain and keep in good repair all bridges, trestles, grade crossings, spur tracks, or viaducts designed to carry public traffic and travel over the right-of-way or tracks of such railroad or designed to carry the tracks of such railroad over the streets, alleys or other public places of the City in such a manner as shall be satisfactory to the Director of Public Works. However, this section shall not be construed to require the maintenance by railroad companies of bridges or viaducts owned by persons other than the City where such bridges or viaducts are located over the tracks of such railroad companies.
(b) It shall be the duty of the City Attorney, when notified by the Director of Public Works that any bridge, viaduct, or crossing is, in the Director's judgment, in such condition as probable to endanger the public safety, to institute and prosecute appropriate proceedings to require the railroad company or person operating such railroad whose right-of-way is crossed by such unsafe bridge or viaduct or whose unsafe bridge or viaduct crosses a City street or other public place to put or cause the bridge, viaduct, or crossing to be put in safe and proper condition for public travel and thereafter to maintain the bridge, viaduct, or crossing in such proper condition. If a railroad fails to respond in a timely manner to provide repair to a spur or grade crossing, the Director of Public Works may have the necessary repairs performed in order to correct an unsafe condition. All costs associated with such repairs shall be borne by the owner of the railroad.
(c) In addition to the duty imposed upon the City Attorney by this section, it is hereby provided that any such railroad company or person operating such railroad who shall fail, from and after ten days' written notice by the City Attorney, to proceed with the work necessary to put such bridge or viaduct in safe and proper condition and continue to prosecute the work to the satisfaction of the Director of Public Works shall be punished as provided in Section 1-16.
(Code 1993, § 25-20; Code 2004, § 90-40; Code 2015, § 24-32; Code 2020, § 24-32)