A. It
is made the duty and routine obligation of all owners of land adjoining
any street in the City to maintain in good repair and safe condition
the sidewalks in front of the land.
B. For
purposes of this section, a sidewalk shall be deemed not in good repair,
if among other things:
1. Panels
or pieces of same are displaced more than one-half (½) inch
from adjacent panels or pieces; or
2. Entire
pieces or panels are absent, or there exist pieces or panels broken
into parts smaller than one square foot; or
3. The
grade from one piece or panel to the adjacent piece changes by more
than one-half (½) inch per foot in any direction; or
4. Handicap
access ramps or driveways deviate from the slopes and dimensions included
in the standards and specifications set by the City. This list is
not intended to be exclusive.
C. The
City Manager, Engineering Director, or a designee shall have the power
and authority to determine the grade and width of all sidewalks, the
material to be used, and the specifications for the repair upon any
street or part thereof, or within any district in the City.
D. To
be in safe condition, a sidewalk must be free of ice, snow, litter,
debris, or any other condition that creates risk of harm to person
or property.
(Ord. 1221 § 2, 1970; Ord. 1697 § 2, 1991; Ord. 1928 § 1, 2003)
If the owner of any lot or part thereof or parcel of land fails
to maintain the sidewalk along such property, it shall be the duty
of the City Manager, the office engineer, or a designee to mail to
the property owner a notice entitled "Notice to Repair Sidewalk."
The notice may also be posted on the property adjacent to the sidewalk.
Such notice shall direct the owner, agent or occupant of the
property to immediately repair the sidewalk according to specifications
prescribed by the City. The person mailing, and if applicable, posting
the notice shall file with the City Recorder an affidavit of the mailing
(and posting) of such notice, stating the date, to whom the notice
was addressed, the address to which the notice was mailed, and place
of posting, if applicable. The notice shall be sent to the last known
address of the owner or agent, as shown on City or County records,
and to the attention of the occupant at the property's street address.
A mistake in the name of the owner or agent, or a notice sent in the
name of other than the true owner or agent of such property, or any
mistake in address, shall not invalidate the notice. The owner, agent,
or occupant of the premises shall cause the repairs to be made within
the time specified by the notice.
(Ord. 1221 § 3, 1970; Ord. 1697 § 3, 1991)
The owner, agent, or occupant, before making the repairs, shall
obtain from the City a permit to do so, which shall prescribe the
kind of repair to be made, the material to be used, and specifications
therefor.
(Ord. 1221 § 4, 1970; Ord. 1697 § 4, 1991)
If the owner, agent, or occupant of any such lot or parts thereof,
or parcel of land, fails, neglects, or refuses to make the sidewalk
repairs within the time designated, the City Manager may, for safety
purposes, cause the repairs to be made and keep an accurate account
of the cost of the labor and materials used in making the repairs,
including legal, administrative and engineering costs, for each lot
or parcel of land and shall make available a report containing such
information upon the City Council's request.
(Ord. 1221 § 5, 1970; Ord. 1697 § 5, 1991)
A. On completion of the repairs by the City, the City Manager or City Finance Director shall determine the cost as defined in Section
12.04.040. The City Manager or City Finance Director shall send a bill for the costs, by regular mail, to the owner of the property or the owner's agent, to the same address as the notice to repair, or to any later known address. The bill shall advise the property owner or owner's agent that within 30 days, the owner or owner's agent must pay the bill in full. Upon approval by the City Manager or City Finance Director, the owner or owner's agent may sign an agreement to pay the bill in installments. The installment program will allow applicants to make installment payments with interest for a period not to exceed five years. The City Finance Director shall administer the installment program and may adopt any rules, regulations, or forms necessary to administer the program. Beginning 30 days from the date of mailing of the bill, any unpaid bill will accrue interest at the current local government investment pool rate plus a 2% administrative fee until paid.
B. Thirty
days from the date of mailing of the bill, the City Manager or City
Finance Director is authorized to place a lien on the property.
C. Foreclosure
proceedings may be initiated to collect any lien due for more than
60 days.
D. The
City may also use any other remedies available to it to recover any
unpaid bills, the interest thereon, and any costs or penalties.
E. In
addition to the procedures set out above, the Council may establish
local improvement districts for the purpose of repairing or reconstructing
sidewalks and assessing and collecting the costs in accordance with
the City's local improvement procedures.
(Ord. 1221 § 6, 1970; Ord. 1697 § 6, 1991)
The owners of land adjoining any street in the City shall be
liable to any person suffering injury by reason of failure to maintain
in good repair or safe condition the sidewalk in front of the land.
The City disclaims any liability to any person suffering personal
injury or property damage by reason of the owner's negligence in failing
to maintain a sidewalk abutting the owner's property in good repair
and safe condition. The property owner(s) shall be liable to the City
for any amounts which may be paid or incurred by the City by reason
of all claims, judgment, or settlement, and for all reasonable costs
of defense, including investigation costs and attorney fees, by reason
of a property owner's failure to satisfy the obligations imposed by
this chapter to maintain in good repair and safe condition the sidewalks
in front of the land.
(Ord. 1221 § 7, 1970; Ord. 1697 § 7, 1991; Ord. 1928 § 2, 2003)
The provisions of Chapter
1.08, "Shortform Uniform Complaint and Citation Method and Code Enforcement Procedures" may be used to enforce this chapter.
(Ord. 1697 § 9, 1991)
Violation of Section
12.04.010 is punishable, upon conviction, by a fine of not more than $250. When the violation is a continuous one, each day the violation continues to exist shall be deemed a separate violation.
(Ord. 1697 § 10, 1991)