“Sidewalk” as used in this chapter, in addition to paved walkways, includes parks or parking strips maintained in the area between the property line and the street line, and also includes driveways, curbing, and other works constructed by any person under and by virtue of any permit or right granted by law or by the city council or city officer in charge thereof upon sidewalk areas of the public highways.
(Prior code § 25.20)
A. 
The owner of a parcel of real property which fronts on any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance.
B. 
The owner of a parcel of real property is under a duty to members of the public to keep the portion of any sidewalk area described in subsection A in a safe condition. If the owner makes an alteration to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition.
C. 
The failure of an owner to fulfill the duties imposed by subsections A and B is negligence and the owner is liable to members of the public injured as a result of that negligence.
D. 
If the owner of the parcel of real property is not the person in possession, then the responsibilities and duties imposed by subsections A and B are also imposed on the person in possession of the property.
(Ord. 04-001 § 1, 2004)
If any portion of any improved sidewalk in the city is out of repair or in a dangerous or defective condition, or in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, and the superintendent of streets has personal notice of the same, it shall be his duty to notify the owner or person in possession of the property fronting on that portion of the sidewalk so out of repair to repair the same.
(Prior code § 25.21)
The notice to repair provided for in Section 12.04.020 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 so out of repair, or by mailing, postage prepaid, to the person in possession of such property, or to the owner thereof, at his last known address as the same appears on the last equalized rolls of the city and, when no address appears, to the general delivery of the city, a notice to repair such sidewalk. The superintendent of streets shall, immediately upon the mailing of such notice, cause a copy thereof, printed on a card not less than eight by ten inches in size, to be posted in a conspicuous place on such property.
(Prior code § 25.22)
The notice to repair provided for in Section 12.04.020 shall particularly specify what work is required to be done, and how the same is to be done, and what materials shall be used in such repair, that if such repair is not commenced within two weeks after notice is given, and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair and the cost of the same shall be a lien on such property; that if such repair is not commenced as required by such notice, the superintendent of streets shall forthwith repair such sidewalk.
(Prior code § 25.23)
If, upon the expiration of the two-week period provided for in Section 12.04.040 the repair has not been commenced, the superintendent of streets shall proceed to make such repair and upon completion thereof the superintendent of streets shall file a notice with the city council setting forth the fact that the repair has been completed and the cost thereof.
(Prior code § 25.24)
The city council shall fix a time for hearing protests against the assessment for the cost of the repair to sidewalks when repaired by the city under Section 12.04.050 after notice of completion of the work by the superintendent of streets in accordance with Section 12.04.050. Such time shall not be less than fifteen days from the date of filing of the notice of the superintendent of streets as required in Section 12.04.050.
(Prior code § 25.25)
The superintendent of streets shall forthwith at the time of the hearing provided for in Section 12.04.060 either personally serve upon the owner or person in possession of the property facing upon the sidewalk repaired, or shall mail, postage prepaid, a notice addressed to the person in possession of the property affected, or the owner thereof, at his last known address as the same appears on the last equalized assessment rolls of the city, and when no address so appears, to the general delivery of the city, setting forth a statement of the cost of the repair and specifying the date, hour and place when the council will hear protests of the assessment of the cost of such repair upon such property.
(Ord. 279 § 5 (part); prior code § 25.26)
Upon the date and hour set for the hearing of protests against the assessment for the cost of repair to the sidewalk repaired by the city under Section 12.04.050, the council shall hear and consider all protests, if there are any, and then proceed to affirm, modify or reject the assessment of the cost of such repair upon such property. The date for hearing of protests and affirming or rejecting the assessment may be continued from day to day. Decision of the council on all protests and objections which may be made shall the final and conclusive.
(Ord. 279 § 5 (part); prior code § 25.27)
If the cost of the repair to sidewalks repaired by the city under Section 12.04.050 is assessed in accordance with Section 12.04.080 upon the property fronting upon the sidewalk so repaired and the assessment is not paid within five days after its confirmation by the council, the cost of such repair shall become a lien upon the property fronting upon the sidewalk so repaired, upon recording thereof by the superintendent of streets of a certificate substantially in the following form:
“NOTICE OF LIEN
“Pursuant to the authority vested in me by Ordinance No.__________, of the City of San Pablo, I did, on the __________ day of __________ 19__, cause the sidewalk in front of the real property hereinafter described to be repaired, and the Council of the City of San Pablo did, on the __________ day of __________ 19__, 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 City of San Pablo does hereby claim a lien on the real property hereinafter described in the sum of $__________, the cost of said repair and improvement; and the same shall be a lien upon said real property until the said sum, with interest at the rate of not more than six per cent (6%) per annum thereon, from the date of the assessment of such cost of repair against said property, has been paid in full and discharged of record.
“The real property hereinbefore mentioned, and upon which a lien is hereby claimed, is that certain piece or parcel of land lying and being in the City of San Pablo, County of Contra Costa, State of California, and particularly described as follows, to wit:
(Description of Property)
Dated this __________ day of __________, 19__.
___________________________
Superintendent of Streets
City of San Pablo”
(Ord. 279 § 6; prior code § 25.28)
The notice of lien for the cost of repair of sidewalks by the city under Section 12.04.050 when recorded as provided in Section 12.04.090 shall be a lien upon such property, and such lien shall so continue until the cost of such repair and the interest thereon has been paid in full and discharged of record. Such lien shall be subordinate to all special assessment liens previously imposed upon the same property, but it shall have priority over all special assessment liens which may thereafter be created against the property; and, 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 statute of limitations shall not run against the right of the city to enforce the payment of such lien.
(Ord. 279 § 7; prior code § 25.29)
Following the confirmation of the report, maintenance of sidewalk liens shall be collected as provided in Sections 5625 to 5630 of the Streets and Highways Code of the state, in whichever of the alternative methods provided therein as shall then be determined by the council.
(Ord. 279 § 27; prior code § 25.30)
A. 
Every owner of real property in the city shall keep the entire width of the sidewalk in front of such property from curb to lot line, free and clear of all weeds, rubbish, debris or other obstructions or material which from any cause whatever has accumulated or may accumulate upon the sidewalk above the established grade of the same.
B. 
Upon the failure or refusal of any owner of real property in the city to so remove any obstructions from the sidewalk as provided in subsection A of this section, the provisions of 12.04.020 to 12.04.100 relative to the repair of sidewalks shall apply.
(Ord. 279 § 9; prior code §§ 25.6, 25.7)