The owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction thereon of a permanent pavement, which has been accepted for maintenance and repair by the city, shall have the duty of constructing or causing the construction of a regulation sidewalk and curb, or sidewalk or curb, or both, in front of his or her property upon notice from the city council so to do, given in the manner hereinafter provided. In the event any such property or place is used as a business location, in areas zoned for business purposes and there is an existing curb and sidewalk, or either, fronting same but not constructed to the full width between curb and property line the owner thereof shall also have the duty of constructing or causing to be constructed any such sidewalk to such full width in front of his or her property, upon like notice from the city council.
(Prior code § 23-8)
Such sidewalks and curb or either of them, shall be constructed in accordance with plans and specifications prepared by the city engineer, and approved by the city council, and under the supervision and subject to the approval of the superintendent of streets of the city, and the city engineer.
(Prior code § 23-9)
It shall be the duty of the superintendent of streets, when instructed so to do by the city council, to notify the owner of property, or the person in possession of the same, in front of which there is no sidewalk and curb, or either, or which is business property in front of which the sidewalk does not extend to the full width between property line and curb, and which fronts on a street or place improved with a permanent street pavement which has been accepted by the city for maintenance to construct or cause to be constructed a sidewalk and curb, or either, or widen the same, as the case may be.
(Prior code § 23-10)
Notice as required in the foregoing section to construct, may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk or curb to be constructed or widened, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof, at his or her last known address as the same appears on the last equalized assessment rolls of the city, or county assessor, or to the name and address of the person owning such property as shown in the records in the office of the city clerk.
(Prior code § 23-11)
The postal card shall contain a notice to construct the sidewalk or curb or both as the case may be, and the superintendent of streets shall immediately, upon the mailing of the notice, cause a copy thereof, printed on a card of not less than eight inches by 10 inches in size, to be posted in a conspicuous place on the property.
(Prior code § 23-12)
The notice also shall specify the day, hour and place where the city council will hear and pass upon objections or protests, if any, which may be raised, by any property owner or other interested party or persons. Upon the day and hour fixed for the hearing the city council shall hear and pass upon such objections or protests. Its decision on all protests and objections which may be made shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by Section 12.08.130.
(Prior code § 23-13)
The notice shall particularly specify what work is required to be done, and how it is to be done, and refer to the plans and specifications for the same prepared by the city engineer and on file with the city clerk, a copy of which shall be served with the notice. The notice shall further state that if the work and constructions is not commenced within 60 days after notice is given, and diligently and without interruption prosecuted to completion, the superintendent of streets shall cause the construction to be done, and the cost of the same shall be a lien on the property.
(Prior code § 23-14)
If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice, or by the city council, after the hearing of protests as required by Section 12.08.070, the superintendent of streets shall forthwith construct the sidewalk or other work.
(Prior code § 23-15)
Upon the completion of the construction the superintendent of streets shall cause notice of the cost of the construction to be given in the manner specified in this chapter for the giving of notice to construct, which notice shall specify the day, hour and place when the city council will meet to hear and pass upon a report by the superintendent of streets of the cost of the construction together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and any other interested person.
(Prior code § 23-16)
Upon the completion of the construction the superintendent of streets shall prepare and file with the city council a report specifying the work which has been done, the cost of construction, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include work done in front of any number of parcels of property whether contiguous to each other or not.
(Prior code § 23-17)
On the day and hour fixed for the hearing the city council shall hear and pass upon the report of the superintendent of streets together with any objections or protests which may be raised by any owner of property liable to be assessed for such construction, or other interested persons and may revise, correct or modify the report as it may deem just, after which, by motion or resolution the same shall be confirmed as submitted, or as so revised, corrected or modified. The city council may adjourn such hearings from time to time, and its decision shall be final and conclusive on every issue involved.
(Prior code § 23-18)
The cost of the construction may be assessed by the city council against the parcel of property fronting upon the sidewalk or curb so constructed, and such cost so assessed, if not paid within five days after its confirmation by the city council shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(Prior code § 23-19)
The superintendent of streets may file in the office of the county recorder of Solano County a certificate substantially in the following form:
Notice of Lien
Pursuant to the authority vested in me by the Ordinance Number _____ of the City of Rio Vista, on the _____day of__________, 20______, I caused the sidewalk or curb to be constructed, and the City Council of said City did, on the _____day of __________, 20_____, by Resolution No. _____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City does hereby claim a lien on said real property in the sum of _____dollars ($_____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of 6 per cent per annum, from the said _____day of __________, 20_____(insert date of confirmation of assessment), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Rio Vista, the County of Solano, State of California, and particularly described as follows, to wit:
_____________________________
(Description of Property)
Dated this _____ day of __________, 20_____.
_____________________________
Superintendent of Streets
(Prior code § 23-20)
From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitations shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien.
(Prior code § 23-21)
As an alternative method of collection of the amount of the lien, the city council after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
(Prior code § 23-22)
Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes.
(Prior code § 23-23)
A. 
Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this Chapter 12.08, the provisions of Chapter 12.08 shall control.
B. 
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.
C. 
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the public works director or designee shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. Such notice shall be given to the owner of lots or portions of lots in accordance with Streets and Highways Code Sections 5612 through 5614.
D. 
For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs allowed pursuant to Sections 17.56.060 and 17.56.070, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
E. 
Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the public works director or designee designated in Section 12.08.040 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 ninety (90) days from the time the notice referred to in said Section 5614 is given. The owners of lots or portions of lots that receive an extension pursuant to this section, shall continue to be liable to any person for the resulting damages or injury during the time the sidewalk is left in a non-dangerous condition.
(Ord. 003-2018 § 3)
The owners of lots or portions of lots (property owners) required by Section 12.08.180 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by Section 12.08.180, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
(Ord. 003-2018 § 3)
Any person found guilty of a violation of this chapter shall, upon conviction, be punished by a fine of not more than $50 or by imprisonment in the Solano County jail for not more than 10 days or by both such fine and imprisonment.
(Prior code § 23-25; Ord. 003-2018 § 4)