Chapter 12.08
REPAIR AND MAINTENANCE OF SIDEWALKS
Sections:
12.08.050 Records kept by Director of Public Works.
12.08.060 Adoption of State code.
12.08.070 Posting notice – Time allowed.
12.08.080 Administrative hearing.
12.08.010 Short title.
This chapter shall be known and referred to as the sidewalk ordinance. (Ord. 247 § 1, 1965)
12.08.020 Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
(A) “Sidewalk,” as used in this chapter, includes the area between the property line and the street line and includes curbing, parkways, parking strip, driveways, and also retaining walls, bulkheads or other works for the protection of any sidewalk, parkways, parking strips or driveways, located in any public street within this City.
(B) “Repair” means the repair, replacement, restoration, correction or improvement of any sidewalk.
(C) “Owner” means any natural person, or two or more persons having a joint or common interest, a corporation, or their agent or representative, in which is vested the title to any parcel of real property fronting or abutting on the sidewalk.
(D) “Director of Public Works” means the Street Superintendent of the City of Mt. Shasta, and vice-versa.
(E) “Clerk” means the City Clerk of the City of Mt. Shasta.
(F) “City” means the City of Mt. Shasta.
(G) Words used in the plural shall include the singular, and those in the singular include the plural.
(H) Words used in the masculine gender include the feminine. (Ord. 247 § 2, 1965)
12.08.030 Duty of Superintendent of Streets.
Repealed by Ord. CCO-20-04. (Ord. 48 § 1, 1916; Ord. 24 § 161, 1913)
12.08.040 Notice to owner.
The Director of Public Works, in the manner provided, shall notify the owner or person in possession of the property fronting or abutting on that portion of the sidewalk to be repaired:
(A) When any portion of the sidewalk is defective or out of repair, or in a condition to endanger persons or property or to interfere with the public convenience in the use thereof.
(B) In the event a private driveway located on the sidewalk is abandoned or no longer in use as a driveway, or because of changed conditions or circumstances it has created, or has a tendency to create, a dangerous condition to public travel or safety, or is in such a condition to interfere with the public convenience in the use thereof, after notice as herein provided, such private driveway and the approaches thereof shall be removed from the sidewalk and there shall be installed a curb and sidewalk and the terrain graded to conform to the curbing, sidewalk and grade of the property immediately adjacent thereto.
(C) When notice from the Public Works Director or their designee is served to the owner of real property, either personally or by registered mail, the owner of such real property shall have 30 days to show proof to the City that repairs have been made or contract services have been retained to make the repairs in a timely manner.
(D) If the owner of such real property fails, neglects, or refuses to make or show proof of repairs within the 30-day period, the Public Works Director or their designee will serve, either personally or by registered mail, a second notification requiring the owner of such real property to make repairs or show proof that contract services have been retained to make the repairs in a timely manner.
(E) If the owner of such real property fails, neglects or refuses to comply with the provisions of this section after 60 days, after written notice from the Public Works Director, then the City will complete the work using a contractor or by City staff. The property owner will then be billed for the completed work. Failure by the real property owner to pay this bill will result in a lien being placed on the real property. (Ord. CCO-23-06 § 1, 2023; Ord. 247 § 3, 1965)
12.08.050 Records kept by Director of Public Works.
The Director of Public Works shall cause to be kept in his office a permanent record containing:
(A) The description of each parcel of property upon which a notice to repair has been posted, as herein provided;
(B) The name of the owner, if known;
(C) The date on which the notice was posted;
(D) The charges incurred by the City in causing the repair to be made and all incidental expenses in connection therewith; and
(E) All penalties for delinquencies in the payment thereof as hereinafter provided.
Each such entry shall be made as soon as practicable after completion of such act. (Ord. 247 § 4, 1965)
12.08.060 Adoption of State code.
Each and all of the provisions of the following sections as they now exist or as they may be amended or repealed of the Streets and Highways Code of the State of California, and which are not inconsistent with the provisions of this chapter, and, if inconsistent, only to the extent of such inconsistency, are hereby adopted, and incorporated herein and made a part hereof to the same extent as though stated herein in full: Cal. Sts. and High. Code §§ 5601, 5602, 5610, 5611, 5612, 5613, 5614, 5615, 5616, 5617, 5618, 5625, 5626, 5627, 5628, 5629, and 5630. (Ord. 247 § 5, 1965)
12.08.070 Posting notice – Time allowed.
The Director of Public Works or other officer or employee, and each of them, of the City shall not have authority to repair such sidewalk out of repair during the period between the posting of the “Notice to Repair” on the abutting property as provided in MSMC 12.08.040, and the 60 days allowed the owner or person in possession to commence doing such repairs, and in computing such period the day of posting shall be excluded. (Ord. CCO-23-06 § 1, 2023; Ord. 247 § 6, 1965)
12.08.080 Administrative hearing.
Any owner of real property subject to fines and assessments enumerated in this chapter shall have the right to request an administrative hearing as enumerated in Chapter 1.05 MSMC. (Ord. CCO-23-06 § 1, 2023)