For the purpose of this chapter the following terms are defined:
“Abutter,” “abutting property owner,” “adjoining landowner” or “adjacent property owner”
refer to an owner or possessor of land immediately abutting or adjoining the sidewalk or public right-of-way. Abutters include persons as defined in Section 1.04.010, commercial and industrial enterprises, public entities or municipalities such as the city.
“Groundcover”
includes any plant or vegetation which does not exceed eighteen (18) inches in height.
“Maintain groundcover and trees”
means to prune, trim, fertilize, irrigate, or treat for injury in a manner which will prolong the life span of a tree or groundcover, and in a manner which preserves and protects the condition and integrity of sidewalk improvements, and so as not to interfere with the public safety or convenience in the use of the sidewalk. “Maintain groundcover and trees” shall also include removal of weeds and/or debris, removal of dead or dying trees deemed to be a potential hazard by the city engineer, trimming of groundcover and/or trees within the area between the property line of the adjacent property and the street line, including parking strips and curbs, so that the sidewalk area will not endanger persons or property, and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk area by any person other than the owner, under and by virtue of any permit or right granted to him, her or it by law and by the city, in which case such persons shall be under a like duty to repair and maintain.
“Maintain sidewalk improvements”
includes all removal, repair and replacement of sidewalk improvements which are necessary in order to protect the public convenience in the use of said sidewalk area.
“Parkway” or “parking strip”
refers to that portion of the sidewalk that is either unimproved and/or contains trees and/or groundcover. It shall also include driveway approaches and sidewalks existing between driveway approaches and driveways.
“Public right-of-way”
includes land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street or highway purposes, including vehicular and pedestrian travel.
“Sidewalk improvements”
refers to those portions of the sidewalk which have been enhanced for pedestrian use by concrete, asphalt, decomposed granite, or other hardscape material.
“Tree”
includes any plant or vegetation which exceeds eighteen (18) inches in height.
(Ord. 183 § 1, 1998; Ord. 277 § 1. 2008)
A. 
The city shall maintain sidewalk improvements within the public right-of-way which have been constructed and permitted in accordance with city standards and requirements, where the public right-of-way has been dedicated and accepted by the city or is a city street as defined in Section 1.04.010, where any dangerous condition of such sidewalk improvements, or the need for maintenance has not been caused, in whole or in part, as a result of trees and/or groundcover on abutting properties or by any other affirmative acts, obstruction or negligence of the abutting property owner.
B. 
The abutting property owner shall maintain and/or repair sidewalk improvements within the public right-of-way, which have been constructed by the property owner without a permit and not in accordance with city standards and requirements; which have been constructed on private property; or which, by the acts and/or omissions of the abutting property owner have been damaged, destroyed or rendered in a condition which the city has determined necessitates repair or replacement in order to protect the public health and safety.
C. 
The abutting property owner shall maintain groundcover and trees on him, her or its property adjacent to or near the public right-of-way, and in parkways and parking areas so as not to interfere with or endanger pedestrians using the sidewalk or public right-of-way, and in a condition which will not interfere with the public convenience in the use of the sidewalk area. This duty shall not extend to conditions created or maintained by any person other than the property owner in, upon, along, or in connection with such sidewalk area under or by virtue of any permit or right granted by law and by the city, in which case such persons shall be under a like duty to repair and maintain the sidewalk, parkways and parking strips.
D. 
In the interest of keeping street trees in the city and in consideration that many street trees were installed prior to the adoption of the city Standard Drawings that limit the type of trees within a certain distance of the sidewalk, curb and gutter or utilities, the city will replace the sidewalk damaged by tree roots once the abutting property owner replaces the street tree per the Standard Drawing Nos. 510 and 520, as amended from time to time, prior to the replacement of the sidewalk.
(Ord. 183 § 1, 1998; Ord. 322 § 1, 2012)
The cost of maintenance or repair work performed by the city at the request of the abutting property owner or as a result of the property owner’s failure to perform the maintenance and/or repairs required in Sections 12.08.020(B) and (C), and 12.08.030, and for which notices are given, hearings held and assessment and collection procedures are conducted, as set forth in Section 12.08.050 herein, shall be borne by the property owner and/or may be assessed by the city as a lien on the property.
(Ord. 183 § 1, 1998)
A. 
Notice to maintain and/or repair pursuant to Sections 12.08.020(B), (C) and (D) and 12.08.030 may be given by delivering a written notice to the property owner of record of the abutting property, and/or by mailing a postal card, postage prepaid, to the property owner of record of the abutting property, at such property owner’s last known address as the same appears on the last equalized assessment roles of the county. The postal card shall contain a notice to maintain and/or repair the sidewalk area. The street superintendent shall, immediately upon the mailing of the notice, cause a copy thereof, printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property.
B. 
The notice shall specify what work is required to be done, how it is to be done, and what materials shall be used in the maintenance and/or repair and shall further specify that if the maintenance or repair is not commenced within fourteen (14) days after notice is given and diligently and without interruption prosecuted to completion, the street superintendent shall make such repair, and the cost of the same shall be a lien on the property.
C. 
Upon completion of the maintenance and/or repair by the city, the street superintendent shall cause notice of the cost of the maintenance and/or repair to be given in the manner specified in this section for the giving of notice to repair and/or maintain. Such notice shall specify the day, hour and place when the city council will hear and pass upon, a report by the street superintendent of the cost of the maintenance and/or repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons.
D. 
Upon the day and hour fixed for the hearing the city council shall hear and pass upon the report of the street superintendent, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of making such repair and/or maintenance, and any other interested persons. Thereupon the city council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearing from time to time. The decisions of the city council on all protests and objections which may be made shall be final and conclusive.
E. 
The cost of the maintenance and/or repair may be assessed by the city council against the abutting property upon which such maintenance was performed and/or repair made. Such cost, so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
F. 
The street superintendent may file in the office of the county recorder in which the property is located, a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, Streets & Highways Code Sections 5610 et seq., and otherwise as allowed by law, I did, on _______ day of __________ _______ cause the sidewalk improvements, parkway, parking strip, trees and/or groundcover or other works (as the case may be) in front of the real property hereinafter described, to be maintained, repaired and/or improved, and the City Council of the City of Yucaipa did, on the ______ day of _________, _______ by Resolution No. __________ assess the cost of such maintenance, repair and/or improvement upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Yucaipa does hereby claim a lien on said real property in the sum of __________ dollars ($________), and the same shall be a lien upon said real property until the said sum, with interest at the legal rate, from the said _______ day of ______, ______ (date of confirmation of assessment), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Yucaipa, San Bernardino County, State of California, and particularly described as follows:
[insert property description]
Dated this ______ day of_______, ______
__________________________
Superintendent of Streets
G. 
From and after the date of recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under the Improvement Act of 1911, Streets and Highways Code Section 5610 et seq.
H. 
As an alternative method of collection of the amount of the lien, the city council, after confirmation of the report of the street superintendent, may order the notice of lien to be turned over to the county tax collector, whereupon the amount of the assessment, plus the costs of collection, shall be added to the next regular bill for taxes levied against the lot or parcel of land, and collected together with all other taxes thereon against the property.
(Ord. 183 § 1, 1998; Ord. 322 § 2, 2012)
A. 
Every abutting property owner shall be directly liable to users of privately installed sidewalks for dangerous conditions due to defective installation or failure to maintain such sidewalks in a safe condition.
B. 
Every abutting property owner shall be directly liable to users of sidewalk improvements for dangerous conditions caused by failure to maintain parkways and parking strips; or by failure to maintain groundcover and/or trees; or by failure to maintain the sidewalk improvements in a safe condition.
(Ord. 183 § 1, 1998)
A. 
Every abutting property owner shall be directly liable to users of sidewalks adjacent to his, her or its property for dangerous or other conditions which have been created on or along the sidewalk, such as encroachments and debris.
B. 
Any abutting property owner who has created a condition on or along the sidewalk adjacent to his, her or its property, which condition causes injury or damage to others, is liable and responsible, and shall indemnify and hold harmless the city, for any such injuries or damages which may be assessed against the city as a result of such condition.
(Ord. 183 § 1, 1998)