[Adopted 2-28-1984 by Ord. No. 895 as
Art. V of Ch. 290 of the 1984 Code]
[Amended 4-11-1989 by Ord. No. 992]
Whenever in the opinion of the City Engineer,
any public sidewalk, driveway approach or entrance walk, convenience
walk or driveway in the public right-of-way is dangerous or in such
a condition as to constitute a hazard to person using such sidewalk,
driveway approach, entrance walk or driveway, the Engineer shall notify
the owner of the property appearing on the tax rolls of the city of
such condition.
[Amended 4-11-1989 by Ord. No. 992]
Such notice by the Engineer shall inform the
owner that he and/or she shall have 30 days in which to repair or
replace the sidewalk, driveway approach, entrance walk, convenience
walk or driveway, which extends into the public right-of-way, whichever,
in the opinion of the Engineer, is deemed advisable; in the event
of the owner's failure to so repair or replace the sidewalk, driveway
approach, entrance walk, convenience walk or driveway, such repair
or replacement shall be done by the city and the costs thereof made
a lien upon the property, and that the owner so neglecting to repair
or replace the sidewalk, driveway approach, entrance walk, convenience
walk or driveway shall be liable to the City of Roseville for all
damages which shall be recovered against the City of Roseville for
any accident or injuries occurring by reason of such neglect.
Such notice shall be deemed to be served upon
the owner of the premises when deposited in the United States Mail
in a sealed envelope, with postage prepaid thereon, addressed to the
owner of record as listed on the tax rolls for the city, and in addition,
such notice shall be posted upon the premises in a conspicuous place,
except in the case of vacant property when such posting shall not
be required.
[Amended 4-11-1989 by Ord. No. 992; 12-13-1994 by Ord. No.
1062; 11-26-1996 by Ord. No. 1086]
A.
If the owner has not repaired or replaced the sidewalk,
driveway approach, entrance walk, convenience walk or driveway which
extends into the public right-of-way, at the expiration of the thirty-day
period, the City Engineer shall cause the same to be repaired and
replaced.
B.
Unless payment arrangements as provided herein are
made, the costs for such repair and/or replacement shall be assessed
against the property and placed upon the tax rolls and shall constitute
a lien against the premises for the amount of the cost of such repairs
and/or replacement, including interest as provided by Charter for
city taxes. Such lien shall be of the same character and effect as
created by the Charter for city taxes, and the owner so neglecting
to repair and/or replace the sidewalk, driveway approach, entrance
walk, convenience walk or driveway shall be liable to the City of
Roseville for all damages which shall be recovered against the City
of Roseville for any accident or injuries occurring by reason of such
neglect.
C.
Upon request by the property owner, installment payments,
as approved by the City Controller, shall be permitted up to one year
with six-percent-per-annum interest. Upon default on any installment
payment, the lien process set forth above shall be forthwith commenced.
[Added 12-13-1994 by Ord. No. 1062;
amended 11-26-1996 by Ord. No. 1086]
Where pavement damage to sidewalks extending
in the public right-of-way has occurred as a result of trees situated,
with the consent and permission of the city, in the right-of-way,
the city shall participate in the costs of pavement repair or replacement.
City participation shall be equivalent of up to two flags as determined
by the city for sidewalk repair or replacement for each tree where
pavement has been damaged by such tree situated in the right-of-way.
Where property owners have performed their own work, reimbursement
shall be at the owner's replacement cost or the city's estimated cost,
whichever is less. Reimbursement shall only occur where application
has been submitted upon forms approved by the Building Official prior
to the owner commencing work, a permit has been obtained and the Building
Official or designee has verified that the tree is the cause of the
defective pavement.
[Added 12-13-1994 by Ord. No. 1062]
Where unpaved driveway approaches exit onto
thoroughfares as determined in the opinion of the City Engineer, the
Engineer shall notify the owner of property appearing on the tax rolls
of the city of such condition. Notice shall provide 30 days in which
to install, in compliance with all applicable codes and laws, a sidewalk
with all necessary permits procured from all required governmental
entities. Upon failure to install within 30 days, the city may undertake
such installation with the costs thereof made a lien upon the property.
Installation shall occur only in areas of public right-of-way or easement.
Such lien shall be of the same character and effect as created by
the Charter for city taxes, and the owner failing to install such
driveway approach shall be liable to the city for all damages resulting
in whole or in part from any occurrence against the City of Roseville
by reason of such neglect.
[Added 4-11-1989 by Ord. No. 992]
Any entrance walk or driveway in the public
right-of-way which extends from the public walk to the residence or
place of business, or any convenience walk in the public right-of-way
that extends from the public walk to the street shall be included
in the definition of sidewalk or driveway approach. Repair or replacement
of the public walk which results in a grade difference or vertical
separation between the public walk and driveway, driveway approach,
entrance walk or convenience walk, or creates any other hazardous
condition, shall be considered reason for replacement of entrance
or convenience walk, driveway approach or driveway as determined by
the City Engineer.
