For the purposes of this chapter, the following definitions apply:
"Owner"
is the fee owner of real property and the person or persons in possession of the real property.
"Public street" or "street"
shall include every road, street, avenue, boulevard, alley, parkway and public right-of-way in the Town.
"Sidewalk area"
is that portion of a public street between the adjacent property line and edge of street pavement, including parking strips, parkways, sidewalks, curbs and gutters.
"Town tree"
is any tree growing on any Town-owned property, right-of-way, or easement dedicated to the Town.
(Ord. 98, 1976; Ord. 307-00)
A. 
The maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the costs and expenses of such maintenance and repair shall be done in accordance with Chapter 22 of Part 3 of Division 7, of the Streets and Highways Code (Section 5600 et seq.) and any amendments to it, except as otherwise provided in this code.
B. 
The owner of a parcel which abuts on any portion of a sidewalk area shall repair and maintain such sidewalk area and pay the costs and expenses for such repairs and maintenance, except that the Town will repair any damage to the sidewalk area caused by a Town tree.
C. 
For purposes of this chapter, maintenance and repair of a sidewalk area shall include, but not be limited to, the maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, the removal and filling or replacement of parking strips, the removal of weeds and/or debris, and the trimming of shrubs and/or ground cover so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk area in a reasonable manner. Maintenance and repair shall not include the maintenance and repair of street curb and gutters or maintenance and repair which is necessitated by a defective condition of a public utility improvement such as, but not limited to, utility boxes for water, sewer, telephone, cable television, gas and electric services.
D. 
For purposes of this chapter, the costs and expenses of maintaining a sidewalk area shall include the following: a charge for the Town's costs of inspection and administration whenever the Town undertakes or awards a contract for such maintenance and repair; the costs of collection of assessments for the costs of maintenance and repair; or the handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
E. 
Notwithstanding the provisions of California Streets and Highways Code Section 5615, the Town Engineer may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 70 days from the time the notice referred to in California Streets and Highways Code Section 5614 is given.
(Ord. 307-00)
The failure of an owner to perform the duties and obligations established in Section 12.08.020, or the performance of such duties and obligations by an owner in a negligent manner shall constitute negligence. An owner shall be liable to any member of the general public injured as a result of that negligence and the Town shall not be liable for an injury caused by the negligence of an owner.
(Ord. 307-00)