It is the purpose of this article to provide sidewalk repair policies which are alternative and supplementary to the policies set forth in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State, commencing at Section 5600, as those sections now exist or may hereafter be amended or renumbered. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this Code, the provisions of this Code shall control.
(Ord. 1338-CS, 2/12/2026)
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) 
"City"
shall mean the City of Turlock.
(b) 
"Defective sidewalk"
shall mean a sidewalk where, in the judgment of the City, the vertical or horizontal line or grade is altered or displaced or such other condition exists that interferes with the public convenience in the use of the sidewalk.
(c) 
"Planting strip"
shall mean that portion of the sidewalk planting strip not required for sidewalk, driveway, or curb use.
(d) 
"Property owner" or "owner"
shall mean the owner of the real property, or the owner of the property adjacent to the right-of-way, in accordance with Chapter 22 of Division 7, Part 3, of the Streets and Highways Code. For the purposes of this article, "property owner" or "owner" may refer to one or multiple property owners.
(e) 
"Sidewalk"
shall mean that portion of the sidewalk planting strip established for pedestrian use. In those areas where a sidewalk does not exist, the City Engineer shall determine the location of the sidewalk area.
(f) 
"Sidewalk planting strip"
shall mean that portion of the street right-of-way between the property line and the curb line.
(Ord. 1338-CS, 2/12/2026)
(a) 
The property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair defective sidewalks and maintain such sidewalk areas in a nondangerous condition and pay the costs and expenses therefor, including a charge for the City of Turlock's costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
(b) 
Maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb 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 and curbs, so that the sidewalk area will remain in a condition that is not dangerous 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.
(c) 
In conjunction with any sale or transfer of real property and using the Local Option Real Estate Transfer Disclosure Statement form set forth in Civil Code Section 1102.6(a), the seller/transferor shall provide notice of the maintenance and repair obligations set forth in TMC Chapter 7-6 to the buyer/transferee. The notice shall, at a minimum, include the following language:
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Turlock's costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
(d) 
To provide all property owners with notice of his/her obligation to maintain and repair his/her sidewalk area as set forth in this article, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus.
(Ord. 1338-CS, 2/12/2026)
The property owner required under this section 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 nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in such a nondangerous condition as required, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. Any person who suffers injury or property damage as a result of the failure of the property owner to maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner.
(Ord. 1338-CS, 2/12/2026)
A property owner shall defend and indemnify the City and its employees from any action, claim, or judgment, and any cost or expense incurred, including attorneys' fees, which arise from the property owner's failure to maintain and repair the sidewalk as required in this section. Nothing in this section creates an obligation on an owner to defend or indemnify the City from any action, claim or judgment to the extent any employee or instrumentality of the City caused the defective sidewalk which resulted in the claimant's injuries or damage.
(Ord. 1338-CS, 2/12/2026)
(a) 
When the City has actual notice of the existence of a defective sidewalk, the City may give written notice to the owner of the lot, lots or portion of the lot fronting the defective sidewalk to repair the defective sidewalk. The City may also give notice to the person in possession of the lot, lots or portion of the lot, in addition to the notice given to the owner of the lot.
(b) 
This provision does not restrict the City's ability to send any additional notices to repair to the owner of the lot, lots or portion of the lot fronting the defective sidewalk to repair the defective sidewalk.
(Ord. 1338-CS, 2/12/2026)
(a) 
The notice to repair shall be served on the owner by any of the following methods:
(1) 
Mailing an initial notice to the owner by first class mail, postage prepaid, to the address of the owner as set forth on the last equalized assessment roll and mailing a second notice, not less than seven or more than 10 days after the mailing of the initial notice to repair. The second notice to repair shall be marked "Second Notice."; or
(2) 
Posting the notice in a conspicuous place at the lot or lots fronting the defective sidewalk and mailing notice to the owner by first class mail, postage prepaid, to the address of the owner as set forth in the last equalized assessment roll.
(Ord. 1338-CS, 2/12/2026)
(a) 
The notice to repair shall, at a minimum, contain the following information:
(1) 
That the sidewalk is a defective sidewalk;
(2) 
The nature of the work required to be done;
(3) 
The manner in which the work is to be done, including the specifications required by the City as to materials and workmanship;
(4) 
That if the repair is not commenced within the time as specified by the notice, or once commenced is not completed diligently and without interruption, the City may commence and complete the repair and the cost thereof shall become a lien on the lot or lots of the owner fronting the defective sidewalk; and
(5) 
Provide that the owner may elect to perform the repairs him or herself, have the work performed by a licensed contractor, or have the work performed by the City, through a contractor selected by the City or with City employees.
(b) 
Notwithstanding the provisions of the Streets and Highways Code, the City Manager or his designee may in their discretion, and for sufficient cause, extend the period by 90 days, or further if determined by the City Manager to be necessary, in which required maintenance and repair of sidewalk areas must commence.
(Ord. 1338-CS, 2/12/2026)
(a) 
If, after the owner has been notified of its obligation, the owner fails to make the repairs within the time established as required by the City's notice to repair, the City may repair the sidewalk. The cost of such repair shall be an obligation to the City owed by the owner.
(b) 
Title Transfer. If the owner has received a notice to repair and has not completed the required sidewalk repairs, it must complete the repairs prior to transferring title associated with the sale of real property. "Title transfer" means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one co-owner to one or more other co-owners, or from one or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivos trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Family Code Section 297, or to a person or persons in the lineal line of consanguinity of one or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.
(Ord. 1338-CS, 2/12/2026)
(a) 
If the City has repaired the sidewalk in accordance with Section 7-6-109, the City shall give written notice to the owner of the lot, lots or portion of the lot fronting the defective sidewalk of the cost of all the work in connection with the repair of a defective sidewalk, including administrative and inspection costs.
(b) 
Upon receipt of a notice of cost described in subsection (a) of this section, the owner is responsible to pay the total cost within the time specified in the City's notice of cost.
(Ord. 1338-CS, 2/12/2026)
(a) 
If the owner has not provided payment within the time specified in the City's notice of cost, the City may initiate proceedings to make the cost of the work performed by the City a lien against the parcel(s) of property fronting the repaired sidewalk(s).
(b) 
The City shall issue a notice of lien to all owners who fail to pay for the work provided by the City for repair of a defective sidewalk. This notice shall provide a process whereby the owner may dispute the amount due with the Municipal Services Director (or their designee) by filing a protest; set forth a due date for payment; and provide a process for the owner to obtain a hearing before a hearing officer appointed by the City Manager (or their designee).
(c) 
The notice shall be served on the owner in accordance with TMC Section 7-6-107. The notice shall set the date and time by which a protest shall be filed with the Municipal Services Director (or their designee). No protest received after that date and time shall be considered.
(Ord. 1338-CS, 2/12/2026)
In order for the owner to obtain a hearing before a hearing officer, the owner must first protest the charges with the Municipal Services Director (or their designee). A protest must be submitted in writing by way of personal delivery, email, fax, or mail. The Municipal Services Director (or their designee) will investigate the protest, and at the conclusion of the resolution process, a "finding of facts" letter will be prepared and served on the owner in accordance with TMC Section 7-6-107. If the owner disagrees with the Municipal Services Director's (or their designee's) findings, he or she may request a formal hearing before a hearing officer within the deadline set forth in the finding of facts. If the owner does not request a formal hearing by the deadline set forth in the finding of facts, the decision of the Municipal Services Director shall be final.
(Ord. 1338-CS, 2/12/2026)
The City shall cause notice of the hearing before the hearing officer to be served on the owner in accordance with TMC Section 7-6-107 not less than 10 days prior to the date of the hearing.
(Ord. 1338-CS, 2/12/2026)
At the time fixed for consideration of the protest, the hearing officer shall hear the matter from the Municipal Services Director (or their designee), together with any objections and evidence, of the owner(s) liable to be assessed for the cost of repair. The hearing officer shall follow, as nearly as practicable, those procedures that the City Council would have followed had it conducted the hearing. The hearing officer may make revisions, corrections, or modifications of the matter as the hearing officer may deem just, and shall submit a report (as revised, corrected or modified) to the City for adjustment and/or collection. The report shall specify the repairs which have been made, the costs of the repairs, describe 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. The City shall serve the results of the hearing to the protesting owner in accordance with TMC Section 7-6-107.
(Ord. 1338-CS, 2/12/2026)
Upon receipt of the Hearing Officer's report, the City Council shall schedule a public hearing at which it shall confirm, reject or modify the report. The City shall serve notice of the public hearing to all affected property owner(s) in accordance with TMC Section 7-6-107. The public hearing shall be limited to the issue of whether the hearing before the hearing officer was conducted in accordance with applicable City ordinances. Only the property owner(s) who both filed a protest and appeared before the hearing officer shall be permitted to protest at the City Council meeting. The decision of the Council as to whether to confirm, reject, or modify the report shall be final.
(Ord. 1338-CS, 2/12/2026)
In the event that the cost of repair to the sidewalk is not paid after the notice of cost, and a protest was not filed prior to the deadline or a protest was filed and denied, the City shall transmit to the Finance Director a statement of each such unpaid cost of repair. The Finance Director shall endeavor diligently to collect the same on behalf of the City.
(Ord. 1338-CS, 2/12/2026)
(a) 
Sixty days after the City Council adopts the report, the City will place a lien on the adjacent property in accordance with TMC Section 5-5-405.
(b) 
On payment of the amount owed, the City shall request that the County Recorder remove the lien.
(Ord. 1338-CS, 2/12/2026)
The City Manager shall have the authority to establish administrative policies and regulations, which may include, but is not limited to, a financial assistance program, that may be necessary to implement the provisions of this Chapter.
(Ord. 1338-CS, 2/12/2026)