Chapter 17.36
MAINTENANCE AND REPAIR OF SIDEWALKS
Sections:
17.36.020 Duty of property owner to repair and maintain sidewalk.
17.36.030 Liability for injuries to public.
17.36.040 Notice to repair sidewalk – Commencement date.
17.36.050 Notice – Method of giving.
17.36.060 Repairs – When performed by City.
17.36.070 Report – City Engineer to file.
17.36.080 Report – Notice of hearing.
17.36.090 Hearing – Protests – Confirmation of report.
17.36.100 Assessment of cost – Collection.
Code reviser’s note: Ord. 1168 added these provisions as Chapter 17.32 SMC. This chapter has been editorially renumbered to avoid duplication.
17.36.010 Definitions.
The term “sidewalk area” shall mean the area between a private property line and the street line, which area may include, without limitation, the sidewalk itself, a planting strip, and any curbing which is integral to the sidewalk, bulkheads, retaining walls or other works for the protection of any sidewalk or planting strip. For the purpose of this definition, “street line” shall mean the outer edge of the vehicle travel lane. As utilized herein the term “sidewalk area” shall not include dirt pathways over completely unimproved areas, or stairways consisting of more than two steps.
The term “owner” includes, without limitation, the fee owner(s) of real property, or their agent(s). [Ord. 1168 § 1, 2003.]
17.36.020 Duty of property owner to repair and maintain sidewalk.
As set forth in California Streets and Highways Code Section 5610, the owner of real property adjacent to or fronting on any portion of a sidewalk area shall repair and maintain such sidewalk area in a safe and nondangerous condition at the owner’s cost and expense. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the City has notified the owner of the need for such repair or maintenance or has performed similar maintenance or repairs in the past. The duty to repair shall include the repair of damage caused by any force(s) including, without limitation, damaged caused by trees planted within the public right-of-way or adjacent private property. Notwithstanding the foregoing, if the owner believes that damage to the sidewalk area has been caused by a tree planted by the City, the owner shall so notify the City Engineer in writing and in the event that the City Engineer, or his designee, determines that all or a portion of the damage to the sidewalk area was caused by a tree planted by the City, the City shall repair the damage to the sidewalk area caused solely by the City planted tree; provided, however, that the City’s repair of such damage does not alter or affect the provisions of SMC 17.36.030.
Sidewalk areas with a vertical displacement greater than one-half inch between the edges of cracks and walks with rough nonuniform exposed aggregate surfaces are examples of walks that are considered out of compliance and in need of repair.
Maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance and repair of surfaces including grinding, replacement of sidewalk, repair and maintenance of curbs and gutters which are an integral part of the sidewalk, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover. [Ord. 1168 § 1, 2003.]
17.36.030 Liability for injuries to public.
Any owner required by SMC 17.36.020 to repair and maintain any portion of a sidewalk area shall owe a duty to members of the general public, including travelers on the sidewalk area, to repair and maintain the sidewalk area in a safe and nondangerous condition. It shall be a violation of this chapter for any owner to fail to perform the duties and obligations established by SMC 17.36.020 or to perform such duties and obligations in a negligent manner. If any person suffers personal injury or damage to property as a result of the failure of any owner to maintain any sidewalk area in a safe and nondangerous condition as required by SMC 17.36.020, the owner shall be directly liable to such person for the resulting injury or damages. The City shall have a cause of action for indemnity against any owner for any damages, including without limitation attorneys’ fees, costs, any judgments, awards or settlement proceeds it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalk area in accordance with the requirements of this chapter. [Ord. 1168 § 1, 2003.]
17.36.040 Notice to repair sidewalk – Commencement date.
When, in the judgment of the City Engineer, any portion of any sidewalk area is so out of repair or is in such condition as to endanger persons or property passing thereon or as to interfere with the public convenience in the use thereof, the City Engineer is authorized to notify the owner in writing, to be delivered to such owner, requiring such owner to repair, reconstruct or improve forthwith, in such manner, with such material(s) and to the extent as the City Engineer may determine and direct, such that the sidewalk area is restored to a safe and nondangerous condition.
Within 30 days (or such other, longer time as may be directed by the City Engineer in connection with repairs to be undertaken by a contractor selected by the City in order to allow for scheduling of the items of repair/maintenance with such contractor) after such notice shall have been delivered to such owner, he or she shall cause to commence such repair, reconstruction or improvement as may have been determined by the City Engineer and directed in the notice, and shall diligently and without interruption prosecute the same to completion. The owner shall obtain such permits as may be required by the City, including, without limitation, an encroachment permit, prior to undertaking or causing the repair of the sidewalk area; provided, however, that the City Council hereby waives the encroachment permit fee in connection with the repair and maintenance of sidewalk areas. The City Council shall by separate resolution adopt a program for the implementation of the requirements of this chapter. The program adopted pursuant to such resolution and the notice sent by the City Engineer pursuant to this section shall include that: (A) the fee for any encroachment permit required in connection with the repair/maintenance of the sidewalk area will be waived; (B) plans for nonstructural sidewalk repair/maintenance will be provided by the City at no cost to the owner if required; (C) the owner may choose to utilize the contractor selected by the City to conduct the repair at a specified cost to the owner (if it is possible to determine that cost) or the owner may hire a contractor of their own choice – in either case the cost of the repair shall be the sole responsibility of the owner; and (D) that the City will perform an inspection as required to ensure that the repair/maintenance is done in accordance with City requirements at no expense to the owner. [Ord. 1168 § 1, 2003.]
17.36.050 Notice – Method of giving.
Notice to repair may be given by delivering a written notice personally to the owner of the property adjacent to the sidewalk area or by mailing written notice, postage prepaid, to the owner thereof at his/her last known address as the same appears on the last equalized assessment rolls of the City or to the name and address of the person owning such property as shown in the records of the office of the City Clerk. [Ord. 1168 § 1, 2003.]
17.36.060 Repairs – When performed by City.
If any owner refuses or neglects to make such repair, reconstruction or improvement when required and directed in conformity with the provisions of this chapter, the City Engineer shall cause such repair, reconstruction or improvement to be made, and any and all costs necessarily expended by the City in making such repair, reconstruction or improvement shall be reimbursed to the City as described in SMC 17.36.100. [Ord. 1168 § 1, 2003.]
17.36.070 Report – City Engineer to file.
Upon the completion of the repair, the City Engineer shall prepare a report specifying the repairs, reconstruction or improvements which have been made, the cost of the work, a description of the real property adjacent to the sidewalk area on which the work has been undertaken and the amount against each lot or parcel of land proposed to become an assessment to pay the cost of such work. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. All such reports shall be compiled and filed with the City Council on an annual basis, allowing the Council enough time to approve the reports and forward any special assessment to the Marin County Assessor’s office prior to the date fixed by law for the delivery of the assessment book, as discussed in SMC 17.32.100. [Ord. 1168 § 1, 2003.]
17.36.080 Report – Notice of hearing.
Upon the completion of the repair, the City Engineer shall cause notice of the cost of the repair to be given the owner (in the same manner specified in SMC 17.36.050 for the giving of notice to repair), which notice shall specify the date, time and place when the City Council will hear and pass upon the report by the City Engineer regarding the cost of the repair (if such date, time and place have been determined), together with any objections or protests, if any, which may be raised by any owner liable to pay the cost of such repair and any other interested persons. If, upon completion of the work, the date, time and place for the hearing have not yet been determined, the City shall send a second notice including such information at least 30 days prior to the hearing. [Ord. 1168 § 1, 2003.]
17.36.090 Hearing – Protests – Confirmation of report.
Upon the date and time fixed for the hearing the City Council shall hear and pass upon the report of the City Engineer, together with any objections or protests which may be raised by any owners liable to pay for the repair work and any other interested persons. The City Council may waive all or a portion of the cost of the repair work upon finding that the property owner is prevented from removing the cause of the damage to the sidewalk area by applicable City regulations. Upon finding of financial hardship and upon the property owner’s agreement to cause a separate lien to be filed against the property in the amount of the repair costs, the City Council may determine that the repair costs shall not become an assessment and lien against the property as set forth in SMC 17.36.100(A). After which, by resolution, the report as submitted, revised, corrected or modified shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections that may be made shall be final and conclusive. [Ord. 1168 § 1, 2003.]
17.36.100 Assessment of cost – Collection.
A. The cost of the repair may be assessed by the City Council against the parcel of property adjacent to the sidewalk area upon which such repair was made, and such cost so assessed, if not paid within 14 days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon are paid, or until it is discharged of record.
B. If the cost so assessed is not paid within 14 days, then the special assessment shall be delivered to the Marin County Assessor’s office (together with the Engineer’s report and the City Council’s resolution approving it), who shall enter the amount thereof on the County assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The special assessment shall be delivered to the County Assessor’s office prior to the date fixed by law for the delivery of the assessment book to be collected at the same time and in the same manner as ordinary City taxes are collected, and such special assessments shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes. [Ord. 1168 § 1, 2003.]