Chapter 11.04 STREET AND SIDEWALK MAINTENANCE

Chapter 11.04
STREET AND SIDEWALK MAINTENANCE

Sections:

11.04.010 Sidewalk repair—Adjoining landowner.

11.04.040 Liability for injuries to public.

11.04.010 Sidewalk repair—Adjoining landowner.

A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collection of assessments for the costs 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 therefore provided in Chapter 22 of Division 7, Part 3 of the California Streets and Highways Code 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 California Streets and Highways Code and this title, the provisions of this title 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’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 the failure of the property owner to properly pay such assessments.

C. For the purpose of this part, maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, 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 strip 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 provision of Section 5614 of the California Streets and Highways Code, the community development director or his designee may, in her or his discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period not to exceed seventy-four days from the time the notice referred to in Section 5614 is given. (Ord. 94-13 § 2 (part), 1994: prior code § 7211)

11.04.020 Sidewalk repair—Refusal.

If the owner of said real property fails, neglects or refuses to comply with the provisions of this chapter after ten days’ written notice from the street superintendent (served either personally, or by registered mail) so to do, he shall be guilty of a misdemeanor. (Prior code § 7213)

11.04.030 Sidewalk repair—Work by city.

In such cases, besides the penalty attached, the street superintendent shall have the necessary work performed at the expense of the city, and the cost thereof shall be a charge against the property owner and shall be collected from him by the city. (Prior code § 7214)

11.04.040 Liability for injuries to public.

The property owner required by Section 11.04.010 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 Section 11.04.0 10, any person suffers injury or damages to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. 94-13 § 2 (part), 1994)