The owners of lots or portions of lots fronting on any portion of an improved street or place, or a street whose area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not interfere with the public convenience in the use of those works or areas, except those conditions created in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him or her by law or by the city authorities in charge thereof. Such persons shall be under a like duty in relation thereto.
(Prior code § 20-4.1; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
A. 
When any portion of any sidewalk is out of repair or pending construction and in condition to endanger persons or property, or to interfere with the public convenience in the use thereof, the director of public works shall notify the owner or person in possession of the property abutting or fronting on that portion of the sidewalk so out of repair to repair the sidewalk in the manner provided in this article, except as provided in subsection C.
B. 
When the removal of a tree or its roots in a parkway, or the roots of such tree, necessitates the repair or replacement of curb, gutter, or sidewalk at any location, it shall become the due responsibility of the person causing the removal to be made to repair or replace the curb, gutter, or sidewalk to the original grade line, except as provided in subsection C.
C. 
When damage to a curb, gutter, or sidewalk, is, in the judgment of the director of public works, caused by a street tree, as defined in this code, it shall be the responsibility of the city to make the necessary repairs.
(Prior code § 20-4.2; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing the sidewalk so out of repair, or by mailing a postal card, postage prepaid to the person in possession of such property, or to the owner thereof at the last known address as the same appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the office of the city clerk.
(Prior code § 20-4.3; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the director of public works shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the director of public works, not less than seven nor more than ten days after the mailing of the first postal card notice, may mail an additional postal card, postage prepaid, marked "Second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 8.12.050.
(Prior code § 20-4.4; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
The notice shall particularly specify what work is required to be done, how it is to be done and what materials shall be used in the repair. The notice shall also specify that prior to the commencement of the repair an encroachment permit must be obtained from the director of public works. The notice shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the director of public works shall make such repair, and that the cost of the same shall be a lien on the property.
(Prior code § 20-4.5; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
A. 
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice and encroachment permit, the director of public works shall forthwith repair the sidewalk.
B. 
Upon the written request of the owner of the property facing the sidewalk so out of repair, the director of public works may repair any other portion of the sidewalk fronting on the property that is designated by the owner.
C. 
The director of public works shall have the power to prescribe the form of the written request.
D. 
The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Prior code § 20-4.6; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
Upon completion of the repair the director of public works shall do the following:
A. 
Shall cause notice of the cost of repair to be given in the manner specified in this article for the giving of notice to repair. Such notice shall specify the day, hour, and place when the city council will hear and pass upon a report by the director of public works of the cost of the repair, 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 repair, and any other interested persons.
B. 
Shall prepare and file with the city council a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Prior code § 20-4.7; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
A. 
At the time fixed for the hearing the city council shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the repair work and any other interested persons.
B. 
Thereupon, the city council may make such revision, correction or modifications in the report as it may deem just. Afterwards the city council may confirm the report as submitted, revised, corrected, or modified.
C. 
The city council may adjourn the hearings from time to time.
D. 
The decisions of the city council on all protests and objections which may be made shall be final and conclusive.
(Prior code § 20-4.8; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
A. 
The director of public works shall cause to be kept a permanent record containing:
1. 
The description of each parcel of property upon which a notice to repair has been posted;
2. 
The name of the owner, if known;
3. 
The date on which such notice was posted; and
4. 
The charges incurred by the city in causing such repair to be made, and all incidental expenses in connection therewith.
B. 
Each such entry shall be made as soon as practicable after completion of each act.
(Prior code § 20-4.9; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
The cost of the repair may be assessed by the city council against the parcel of property fronting upon the sidewalk upon which such repair was made. 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. Such lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(Prior code § 20-4.10; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
The director of public works may file in the office of the county recorder a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ________ day of _______, 20______, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of San Bruno did, on the ____________ day of ______, 20____, by Resolution No. ______ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of San Bruno 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, with interest at the rate of 7 percent per annum, from the said _______day of ____________, 20____, 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 San Bruno, the County of San Mateo, State of California, and particularly described as follows, to wit:
(DESCRIPTION OF PROPERTY)
Dated this _______ day of _______, 20_______.
___________________________
Director of Public Works
(Prior code § 20-4.11; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
A. 
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.
B. 
The statute of limitations shall not run against the right of the city to enforce the payment of the lien.
C. 
If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 6 of the Streets and Highways Code.
(Prior code § 20-4.12; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
As an alternative method of collecting the amount of the lien, the city council, after confirmation of the report of the director of public works, may order the notice of lien to be delivered to the county auditor. The county auditor 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 § 20-4.13; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
The city council may, in its discretion, determine that the payment of such assessments of one hundred dollars or more be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the city council, not to exceed seven percent per annum. Such interest shall begin to run on the thirty-first day after the confirmation of the assessments by the city council. All such determination shall be expressed by resolution of the city council at any time prior to the confirmation of the assessments.
(Prior code § 20-4.14; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
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 are hereby made applicable to such special assessment taxes.
(Prior code § 20-4.15; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
Proof of the posting or mailing of any notice, order, or determination provided for in this article may be made by the affidavit of the person posting or mailing such document annexed to a copy thereof. The affidavit shall specify the date when or at which the document was posted or mailed, as the case may be. The director of public works shall keep the affidavits of posting or mailing. No error in the name or address shall affect in any manner the validity of the procedure or any lien imposed hereunder.
(Prior code § 20-4.16; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)
No charge, or any act relating to such charge, or the collection of the same hereunder shall be illegal on account of informality or because the same was not completed within the time required by law.
(Prior code § 20-4.17; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)