It is the purpose of this chapter to provide sidewalk repair procedures which are alternative and supplementary to the procedures set forth in the Streets and Highways Code, Division 7, Part 3, Chapter 22, commencing at Section 5600, as those sections now exist or may hereafter be amended or renumbered. The city, in each instance, may follow the procedure 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 said Streets and Highways Code and this Chapter, the provisions of this Chapter shall be controlling.
(Ord. 1748, Amended, 09/02/2005)
"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 is in such a condition as to endanger property or persons using the sidewalk in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof.
"Director"
means the director of the department of public works, or his/her designee; "director" shall have the same meaning as the terms "superintendent of streets" and "city engineer" as those terms are utilized in the Streets and Highways Code, Division 7, Part 3, Chapter 22.
"Lot," "lots" or "portions of a lot"
means a parcel of real property located within the city adjacent to or fronting on any portion of a sidewalk area, 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"
shall include, but not be limited to, maintenance and repair of sidewalk surfaces including grinding, removal and replacement of sidewalk areas, repair and maintenance of curbs and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips, driveways and curbs, so that the sidewalk area will remain in a condition that is not dangerous to or a threat to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
"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 have the same meaning as that term is utilized in Section 1.04.010 of this code.
"Sidewalk area"
means that portion of a street between the street pavement line and the adjacent property line, including a park or parking strip, curbs and gutters, bulkheads, retaining walls, or other works for the protection of any sidewalk area or of any such park or parking strip.
(Ord. 1748, Add, 09/02/2005)
The owner of a lot, lots or portions of a lot adjacent to or fronting on any portion of a sidewalk area shall maintain the sidewalk area in a safe and non-dangerous condition, and shall repair such sidewalk area and pay the costs and expenses therefor, including, but not limited to, charges for the city's costs of inspection and administration whenever the city undertakes sidewalk maintenance and repair pursuant to sections 12.30.050 and 12.30.060 of this code, and including the costs of collection of assessments for the costs of maintenance and repair or the handling of any lien placed on the property due to failure of the owner to promptly pay such assessments as provided by Chapter 12.04 of this code.
(Ord. 1748, Add, 09/02/2005)
The owner required by Section 12.30.030 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a safe and non-dangerous condition as required by Section 12.30.030, any person suffers injury to or damage to person or property, the owner shall be liable to such person for the resulting damage or injury.
(Ord. 1748, Add, 09/02/2005)
Where the director has actual notice of the existence of a defective sidewalk, the director may give written notice to repair the defective sidewalk to the owner of the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk. 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 what work is required to be done and how the same is to be done and what materials shall be used in the repair; that if the owner proceeds to undertake the repair by private contract, his/her activities will be governed by the provisions of this chapter; the time period within which the repair must be commenced by the owner; and that if the repair is not commenced within such time period and prosecuted diligently without interruption to completion, the public works director may proceed with the repair, and the cost shall be a lien on the property upon the owner's failure to timely reimburse the city for such cost pursuant to Section 12.30.060. The materials and construction 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.
For the purposes of this section, the owner is deemed to timely commence the repair of the defective sidewalk by the filing of an application for an encroachment permit with the department of public works maintenance division within the time period specified in the notice to repair.
(Ord. 1748, Add, 09/02/2005)
If the person(s) provided with a notice to repair fails to commence the repairs within the time period specified in said notice, or timely commences the repair but fails to diligently prosecute the same without interruption to completion, the director may within a reasonable period of time thereafter cause the city to make the required repairs and bill the person(s) for the cost thereof. If such person(s) fails to pay the cost within the time period specified in the payment invoice, the unpaid sum shall be a lien on the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk.
(Ord. 1748, Add, 09/02/2005)
In addition to the provisions of this chapter, the director of public works may establish procedures that shall govern the maintenance and repair of sidewalks. Such procedures shall be consistent with the provisions and purpose of this chapter and any other applicable laws and regulations.
(Ord. 1748, Add, 09/02/2005)