Chapter 13.08
SIDEWALK REPAIR
Sections:
13.08.020 Walkway out of repair—Notice to repair.
13.08.040 Posting notice on affected property.
13.08.050 Notice mailed to owner.
13.08.070 Repair by city when owner fails to repair within specified time.
13.08.080 Charges assessed against owner of property.
13.08.090 Enforcement of lien against property when charges not paid.
13.08.100 Proof of posting or mailing notices.
13.08.110 Standards of construction.
13.08.120 Prerequisites to final inspection or issuance of certificate of occupancy.
13.08.130 Waiver of time limitations.
13.08.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, as follows:
(1) "City" means the city of Menlo Park;
(2) "Owner" means any individual person, partnership or corporation (or the agent or representative of any individual person, partnership or corporation) holding record title to any parcel of real property posted under this chapter or holding the beneficial interest in such parcel;
(3) "Repair" means the construction, reconstruction, repair, replacement, restoration or improvement of any walkway;
(4) "Superintendent" means the superintendent of streets or his designated representative;
(5) "Walkway" means a park or parking strip maintained in the area between the property line and the curb line, including a driveway, curbing, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any public street, way or thoroughfare within the city; specifically including a sidewalk, driveway, walk, wall, park or parking strip or any improved or unimproved area located in any public right-of-way between the property line and the paved street right-of-way.
Words in the plural include the singular and those used in the singular include the plural. (Prior code § 21A.1).
13.08.020 Walkway out of repair—Notice to repair.
When any portion of any walkway is unimproved or out of repair, or in such a condition that it:
(1) Is dangerous to persons or property using the public right-of-way, or
(2) Interferes with the public convenience and necessity in the use of such walkway, the superintendent may notify the owner of the parcel of property abutting or fronting on that portion of such walkway to repair the same. (Prior code § 21A.2).
13.08.030 Contents of notice.
The notice to repair shall describe the work to be done, designate the materials to be used and specify the manner in which such work shall be done. (Prior code § 21A.3).
13.08.040 Posting notice on affected property.
Such notice to repair shall be posted in a conspicuous place on each parcel of property abutting or fronting on the walkway out of repair. (Prior code § 21 A.4).
13.08.050 Notice mailed to owner.
Within three days after posting of such notice, as provided in Section 13.08.040, the superintendent shall cause a notice similar in form and substance thereto to be mailed, postage prep aid, to the owner of such property, at the name and address appearing on the records in the office of the county assessor. (Prior code § 21A.5).
13.08.060 Appeal by owner.
The owner of such posted property may appeal to the legislative body of the city and show cause why such work should not be done or why the time therefor should be extended. Such appeal shall be in writing and shall be filed with the city clerk of the city within ten days from the date of the posting of the notice required in Section 13.08.030, and will be heard by such legislative body at the next regular meeting of such body held after such appeal has been filed. Such legislative body shall hear and pass upon such appeal and its determination thereon shall be final and conclusive. Such hearings may be continued from time to time in the discretion of the legislative body. (Prior code § 21A.6).
13.08.070 Repair by city when owner fails to repair within specified time.
Unless the repair required in such notice shall be commenced by such owner within ten days from the date of posting notice as hereinbefore provided and diligently prosecuted to completion, or in case of an appeal to the legislative body of the city, within ten days from the date of the determination thereof, unless such appeal be sustained, the superintendent shall forthwith repair the walkway. If, upon appeal to such legislative body, the requirements of the original notice are modified, in making such repair the superintendent shall be governed by such modification. (Prior code § 21A.7).
13.08.080 Charges assessed against owner of property.
In the event that the city makes the repair or causes it to be made, the charges incurred therefor shall be determined by the superintendent, and he shall prepare and mail a bill for the same to the last-known address of the owner of the posted property. The superintendent shall also keep a permanent record of the charges incurred by the city for such repair; such charges shall become a lien against the posted property unless paid. (Prior code § 21A.8).
13.08.090 Enforcement of lien against property when charges not paid.
Such lien shall be enforced in the following manner: On or before the fifteenth day of July of each year, the superintendent shall deliver to the county controller an abstract of all unpaid charges in such permanent record for the preceding fiscal year ending June thirtieth. Such abstract shall show the property affected and the amount charged against the same pursuant to the provisions of this chapter. The county controller shall thereupon note the amount of each such lien against the respective parcels charged and thereafter the amount of each such lien shall be collected in the same manner, at the same time and be subject to the same additional penalties as are established for the payment of general taxes. (Prior code § 21A.9).
13.08.100 Proof of posting or mailing of notices.
Proof of the posting or mailing of any notice, or other communication provided for in this chapter may be made by the affidavit of the person posting or mailing the same, and specifying the date when or at which the same was posted or mailed as the case may be. Error in the name or address or failure to receive a copy of the notices mailed as provided in this chapter shall not affect in any manner the validity of the procedure or of any lien imposed under this chapter. (Prior code § 21A.10).
13.08.110 Standards of construction.
The City Council, by resolution, may adopt such standards for the construction and improvement of walkways in the several areas of the city as it may deem necessary or advisable. (Prior code § 21A.11).
13.08.120 Prerequisites to final inspection or issuance of certificate of occupancy.
Neither a final inspection under the Uniform Building Code shall be made, nor shall a certificate of occupancy be granted or issued by the building official until such time as the walkway in front of or contiguous to a parcel of property is repaired or constructed in accordance with the standards adopted pursuant to Section 13.08.110. (Prior code § 21A.12).
13.08.130 Waiver of time limitations.
If, in the discretion of the superintendent, actual repair or construction of the walkway is not required or indicated within the time limits set forth in Section 13.08.120, the city may waive repair and accept from the owner an agreement to construct or provide the improvements required by the standards adopted pursuant to Section 13.08.110. (Prior code § 21A.13).