A. 
Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. 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 chapter, the provisions of this chapter shall control.
B. 
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 and gutters, 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 Benicia's costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection (A) of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
C. 
For the purposes of this chapter, 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.
D. 
Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the director of public works may, at his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 90 days from the time the notice referred to in said Section 5614 is given.
(Ord. 06-06 § 1, 2006)
The property owner required by BMC § 12.48.010 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 a nondangerous condition as required by BMC § 12.48.010, 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. The property owner shall not be liable for damages resulting from trees that are owned and maintained by the city or designated by council resolution.
(Ord. 06-06 § 1, 2006)
For the purposes of this chapter only, the superintendent of streets of the city of Benicia or his or her authorized representative shall be deemed to mean the director of public works or his or her authorized representative as to any activities conducted by that department pursuant to this part.
(Ord. 06-06 § 1, 2006)
In performing the work of repairing or constructing any sidewalk as provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the state, the superintendent of streets may, if the cost of said work does not exceed the amount specified in the Public Contract Code for informal bids under the Uniform Public Construction Cost Accounting Act:
A. 
Procure at least three sealed bids to perform said work, from contractors licensed to undertake the same, and let said work to the lowest responsible bidder at the prices named in his bid; or
B. 
Order a city work crew to perform said work.
(Ord. 06-06 § 1, 2006)
The superintendent of streets is authorized and empowered to and may advance from the special assessment revolving fund, any sum or sums necessary to pay the cost of the work of repairing or constructing any sidewalk by a contractor awarded a contract to perform said work by the superintendent of streets under the procedures set forth in this chapter, and may reimburse said special assessment revolving fund for the sum or sums so advanced from any assessment thereafter levied and collected.
(Ord. 06-06 § 1, 2006)
Upon the completion of the repairs or construction, the superintendent of streets shall cause notice of the cost of the repairs or construction to be given in the manner specified in Chapter 22 (Repair) of Division 7, Part 3, of the Streets and Highways Code of the state of California, as the same is now in effect or may hereafter be amended, for the giving of notice to repair or construct. The notice shall specify the day, hour and place when the city council will hear and pass on the report of the costs of the repair, together with any written objections or protests which may be raised by any property owner liable to be assessed for the cost of such repair or construction and any other interested persons. The notice shall also describe the procedure to be followed for such written objections or protests. In no case shall the hearing provided for in this section be sooner than 10 days after giving of notice.
(Ord. 06-06 § 1, 2006)
The superintendent of streets may include with the notice of cost and hearing, as specified in BMC § 12.48.060, additional notice of a conference with the superintendent of streets. The conference which may be scheduled by the superintendent upon receipt of the written objection or protest, specified in BMC § 12.48.060, shall be conducted prior to the council hearing for the purpose of discussion between the property owner and the superintendent of streets of the costs of repair. Upon the conclusion of the conference, the superintendent shall note his conclusions in the report together with any recommendations for adjustment of the costs of repair.
(Ord. 06-06 § 1, 2006)
The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the superintendent, together with any written protests or objections, which have not been withdrawn prior to the hearing, from property owners liable to be assessed for the work of making such repair in accord with the procedure provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code.
(Ord. 06-06 § 1, 2006)