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For statutory provisions on the construction of sidewalks, curbs and gutters, see Streets and Highways Code § 5870 et seq.; for provisions on maintenance of sidewalks, see Streets and Highways Code § 5600 et seq.
While the need for sidewalks in the majority of the commercial districts is recognized, it shall continue to be the policy of the City to avoid formal sidewalks in favor of meandering and unpaved footpaths where possible.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1214.0)
For the purposes of this code, the following definitions shall apply:
A. 
"Footpath"
means unpaved, unimproved pathway used by pedestrians, in which no artificial grading or material has been used.
B. 
"Walkway"
means a graded and cleared pathway, surfaced with semipermanent materials, other than paving.
C. 
"Work"
means whatever is done, whether with or without a permit.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1214.01)
No sidewalk or walkway shall be constructed without a permit therefor issued by the Director of Public Works.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1214.02)
The cost of construction of sidewalks, curbs and gutters shall be borne by the owner of the adjacent property, unless otherwise determined by the City Council.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1214.03)
No sidewalk or walkway shall be constructed in the commercial districts without a permit therefor from the Director of Public Works. Prior to the issuance of a permit, the Planning Commission, as part of the design review process, will determine the type of material to be used. In the absence of Planning Commission review, the City Administrator, in conjunction with the Director of Community Planning and Building, will determine the type of material. Such permit shall specify the type of material, the permitted area of coverage, type and materials of curb, if any, and size and type of planted areas. All sidewalks and walkways in the commercial districts shall be constructed to the established grade, unless otherwise permitted by action of the City Council.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1215.0)
Not less than 25 percent of the sidewalk area in any block shall be maintained in planting area. The location of such planting areas shall be determined by the Director of Public Works, based on the preservation of existing trees and the location of structures, driveways and parking spaces on the street.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1215.01)
No footpath shall be improved.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1216.0)
No sidewalk or walkway shall be constructed in the residential district without a permit therefor issued by the City. Such permit shall be granted only when it is shown that the construction of the sidewalk or walkway is needed to preserve the public safety, health or welfare, that it will resolve a serious drainage problem, or that it would otherwise benefit the general public. If granted, such permit shall specify the type of material, the permitted area of coverage, the type and materials of the curb, if any, and the size and type of planted areas.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1216.1)
Any sidewalk or walkway in the residential area shall be constructed to follow the natural contours of the land as closely as possible, in an irregular and meandering manner. Not less than 50 percent of the sidewalk area in front of any building site shall be retained in planting. Grades, if not established by law, shall be determined by the Director of Public Works.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1216.11)
The owner of the adjacent property is responsible for and shall be required to maintain the sidewalk area, including the repair or correction of any hazards or defects, except when the repair is due to damage from tree roots.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1217)
Upon becoming aware of any dangerous or defective sidewalk or walkway, or other encroachment in the sidewalk area, the Director of Public Works shall notify, in writing, the person owning or having control of the property. Such notice shall be in accordance with regulations set forth in the Streets and Highways Code of the State of California and shall direct the repair or correction of the hazardous or defective condition within 14 days from date of notice.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1217.01)
After receipt of notice as provided for above, any owner or person responsible for the property shall become liable for damages suffered to any person or to the property of any person lawfully using such sidewalk or walkway, driveway, curb or gutter, suffered as a result of the dangerous condition thereof.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1217.02)
If the person owning or having charge of the property adjoining a sidewalk area for which the Director of Public Works has sent a notice to repair, as provided for above, fails to repair or cause to be repaired within 14 days from date of notice, the defective or dangerous condition in the sidewalk area shall be repaired or corrected by the Director of Public Works.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1217.03)
Following the repair, as provided for above, the City Attorney shall take such steps as may become necessary to assess and collect the costs of such repair, in the manner provided for in Chapter 22 of Part 3 of Division 7 (Section 5600 et seq.) of the Streets and Highways Code of the State of California.
(Ord. 318 C.S. § 1, 1974; Ord. 79-21 § 34, 1979; Ord. 85-37 § 1, 1985; Code 1975 § 1217.04)
It is unlawful for any person to:
A. 
Construct or maintain any sidewalk, walkway, footpath, or other permanent or semipermanent encroachment on City property without first having obtained a permit therefor as required by this code.
B. 
Maintain any sidewalk, walkway, driveway, curb, gutter, or other permanent or semipermanent encroachment on City property in a dangerous or defective condition, or to permit it to become a hazard to the public.
C. 
Pave or otherwise cover over any planting areas as established by any permit granted in this chapter.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1217.1)
Anyone violating this chapter by performing any of the acts prohibited, without first obtaining an appropriate permit therefor, in addition to all other penalties which may be assessed for violation of this code, shall remove the work done without a permit and restore the property to the condition it was in prior to the performance of the work. The removal and restoration shall be at the expense of the person or persons violating this chapter. Where the work is done by someone other than the owner of the adjoining property, at the request of the owner, both the owner and the person performing the work shall be deemed to have violated this chapter and both shall be obligated to remove and restore.
(Ord. 318 C.S. § 1, 1974; Ord. 85-37 § 1, 1985; Code 1975 § 1217.11)