It is the purpose of this chapter to provide sidewalk area maintenance, repair, and replacement procedures which are alternative and supplementary to the procedures set forth in Streets and Highways Code, Division 7, Part 3, Chapter 22, Section 5600, et seq., as those sections now exist or may hereafter be amended or renumbered. The city of Hanford (city), in each instance, may follow the procedures set forth in the Streets and Highways Code or those set forth in this chapter, or some combination thereof. In the event of any conflict between the provisions of the Streets and Highways Code and this chapter, the provisions of this chapter shall control.
(Ord. 20-09 § 2, 2020)
For purposes of this chapter, the following definitions apply:
"Defective sidewalk"
means a sidewalk area where, in the judgment of the Director, the vertical or horizontal line or grade is altered or displaced to the extent that a safety hazard exists, or the sidewalk area is in such a condition as to endanger property or persons using the sidewalk area in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof.
"Director"
means the city's Public Works Director or his/her designee; "Director" shall have the same meaning as the term "Superintendent of Streets" as utilized in the Streets and Highways Code Section 5600, et seq.
"Lot," "lots" and "portions of a lot"
mean a parcel of real property located within the city on which a sidewalk is located or that is adjacent to or fronting on any portion of a sidewalk, and when used in connection with the phrase "adjacent to or fronting on the defective sidewalk," or variation thereof, shall refer to the property in front of or along the side of the defective sidewalk.
"Maintain and repair" and "maintenance and repair"
mean maintenance so that the sidewalk area remains in a condition that is not dangerous to property or persons using the sidewalk area in a reasonable manner and in a condition that will not interfere with the public convenience in use of the sidewalk area, and shall include, but not be limited to: maintenance, repair, and improvement of sidewalks, including, without limitation, grinding, removal and replacement of sidewalks; removal and filling or replacement of parking strips; supervision and maintenance of permissible signs and removal of impermissible signs; and/or tree root pruning and installing root barriers. Any root pruning, trimming or removal of trees or shrubs as a part of sidewalk maintenance and repair is subject to the provisions of Chapter 12.12 of this code.
"Owner"
means any person owning a lot, lots, or portions of a lot within the city, adjacent to or fronting on any portion of a sidewalk area.
"Person"
shall include a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Sidewalk" and "sidewalk area"
mean that portion of the public street right-of-way between the curb or curb line and the adjacent sidewalk or property line, including, without limitation, sidewalks, park strips, bulkheads, retaining walls, or other works for the protection of any sidewalk area. The term "park strip" is defined in Section 12.12.020 of this code, which is incorporated herein by reference. A sidewalk may be located on private property or may be located on public property that abuts private property.
(Ord. 20-09 § 2, 2020)
A. 
Except as otherwise provided in this chapter, an owner of a lot or portion of a lot adjacent to or fronting any portion of a sidewalk area or on which a sidewalk area is located shall maintain and repair the sidewalk so that it remains a safe and non-dangerous condition at his/her/its sole cost and expense.
B. 
It shall be the responsibility of a landowner to promptly notify the city of a defective sidewalk located on or adjacent to the owner's property.
C. 
The city will assess the extent of damage upon learning of an alleged defective sidewalk. The city will, at its own cost, grind the defective sidewalk to eliminate the hazard if grinding is feasible. If grinding will not eliminate the hazard, the city shall, at the city's expense, demolish and remove the defective portion of sidewalk, and the owner will, at the owner's sole cost, replace the portion of sidewalk removed by the city. The city shall, however, provide the services described in this subsection C only if the city determines that: (1) a defective sidewalk exists; and (2) the sidewalk's defective condition was not caused by the intentional misconduct or negligence of the owner or the owner's employee, agent, invitee, or contractor. For purposes of this chapter, damage to a sidewalk by tree roots shall not be deemed to have been caused by the intentional misconduct or negligence of a landowner. If the city reasonably determines that the defective sidewalk was caused by the intentional misconduct or negligence of the owner or the owner's employee, agent, invitee, or contractor, the owner shall be solely responsible for all repair work required to address the hazard.
D. 
In the event a property owner fails to maintain and repair a sidewalk in accordance with this chapter, the owner will be responsible for costs incurred by the city in undertaking maintenance and repair work on the owner's behalf, including, without limitation, any charge for the city's costs of inspection and administration whenever the city awards a contract for such work, the costs of collecting the city's expenses for the maintenance and repair work, and the handling of any lien placed on the property due to the failure of the property owner to promptly pay the city's costs. An owner will not, however, be liable for the costs for which the city is responsible pursuant to subsection C above.
E. 
An owner's responsibility for trees, shrubs, and other items located in a park strip is set forth in Chapter 12.12 of this code.
F. 
If a section of defective sidewalk will be replaced to eliminate a hazard, the process to remove the defective sidewalk and install new sidewalk shall be completed within 30 calendar days of the date of the notice given by the city pursuant to Section 12.20.050 below. Notwithstanding the preceding sentence, if the city is responsible for the demolition and removal of defective sidewalk pursuant to this chapter, the landowner must complete the installation of the replacement sidewalk within seven calendar days of the completion of the city's demolition and removal the defective sidewalk.
G. 
The maintenance and repair work occurring under this chapter, including material utilized for such work, shall be in strict conformance with the applicable portions of the city's standard specifications as they now exist, or as they may hereafter be amended.
H. 
Prior to commencing any maintenance and repair work, an owner must apply for and obtain an encroachment permit from the city's public works department.
I. 
An owner may request that, on the owner's behalf, the city perform sidewalk replacement work for which the owner is responsible. If the city, in its sole discretion, agrees to such a request, the city may perform the work with city forces or may contract with a vendor of the city's choosing to perform the work. In either case, the property owner will remain responsible for all costs of sidewalk replacement incurred by the city on the owner's behalf unless the city council establishes a policy or program through which the city assists property owners.
(Ord. 20-09 § 2, 2020)
Each property owner that is responsible for the maintenance and repair of a sidewalk pursuant to this chapter shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. An owner shall promptly notify the city of a defective sidewalk located on or adjacent to the owner's property. If, as a result of the failure of a property owner to satisfy the requirements of this chapter, including, without limitation, the duty to repair and to maintain a sidewalk area in a safe and non-dangerous condition, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages, losses, and/or injuries and shall indemnify, defend, and hold the city harmless from such damages, losses, and injuries.
(Ord. 20-09 § 2, 2020)
Where the director has actual notice of the existence of a defective sidewalk, the director may give written notice to the owner of the lot, lots, or portions thereof adjacent to or fronting on the defective sidewalk or on which the sidewalk is located. Service of the notice to repair shall be by either regular U.S. mail or by personal service. The notice to repair shall particularly specify: (1) what work is required to be done and how the same is to be done and what materials shall be used in the repair; (2) that, if the owner proceeds to undertake the repair by private contract, his/her/its activities will be governed by the provisions of this chapter; (3) the time period within which the repair must be commenced by the owner; (4) and that if the repairs are not completed within such time period, the city may, but shall not be required to, perform the sidewalk replacement work on the owner's behalf, and the cost shall be subject to reimbursement in accordance with this chapter. At the director 's discretion, the city may undertake sidewalk replacement work for a property owner who fails to comply with a notice to repair.
(Ord. 20-09 § 2, 2020)
A. 
If the city performs work on a property owner's behalf in accordance with Section 12.20.050 above, the director shall cause notice of the cost of the maintenance and repair work to be given upon completion in the manner specified in Chapter 22 of Division 7, Part 3, of the California Streets and Highways Code, as may be amended. The notice shall specify the day, hour, and place when the city council will consider the report of the costs, together with any written objections or protests which may be raised by the property owner and any other interested persons. The notice shall also describe the procedure to be followed for written objections and protests. In no such case shall the hearing occur sooner than fifteen ( 15) days and not more than 60 days after giving of notice.
B. 
No such hearing will be required if the property owner waives his/her/its right to a hearing and voluntarily pays or agrees to pay the costs identified in the director's cost report.
(Ord. 20-09 § 2, 2020)
The director shall attempt to meet and confer with an affected property owner if the property owner files a written objection or protest to the director's report of costs. Upon the conclusion of such a conference, the director shall record his/her conclusions in the report of costs to the city council, together with any recommendations for adjustment of the costs of repair, if any.
(Ord. 20-09 § 2, 2020)
The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the director, together with any written protests or objections, which have not been withdrawn prior to the hearing, from the property owner liable for the work of maintenance and repair, in accordance with the procedure provided in Chapter 22 of Division 7, Part 3, of the California Streets and Highways Code, as may be amended.
(Ord. 20-09 § 2, 2020)
The city shall have the remedies available under Chapter 22 of Division 7, Part 3 of the California Streets and Highways Code, as may be amended, to collect the costs confirmed by the city council as a result of the hearing conducted in accordance with Section 12.20.080 above. Such remedies include the recording of a lien against an owner's property or adding the amount owed to the city to the tax roll for the subject property.
(Ord. 20-09 § 2, 2020)