Div. 6, Ch. 5, Art. 1 SIDEWALKS

CHAPTER 5
SIDEWALKS/STREET TREES¹

ARTICLE 1. SIDEWALKS

SECTION:

§5400: Superintendent Of Streets

§5401: Owner To Repair Sidewalks Upon Notice

§5402: Notice To Specify Work To Be Done

§5403: Repairs To Commence Within Two Weeks

§5404: Enforcement

§5400 SUPERINTENDENT OF STREETS

For purpose of the administration of this Chapter the City Manager may delegate all or a portion of the duties of the Superintendent of Streets to one or more city officers or employees, including, but not limited to, the City Engineer and the Director of Public Works, as the City Manager shall determine from time to time necessary or convenient for the public service. (Ord. 912, §1, adopted 1990)

§5401 OWNER TO REPAIR SIDEWALKS UPON NOTICE

A. Pursuant to and in conformity with the provisions of Chapter 22 of Part 3 of Division 7 of the Streets & Highways Code (commencing with §5600) as it may be amended from time to time, whenever any portion of any walk or any sidewalk space on any street, avenue, lane, alley, court or place in the City shall be out of repair or needing reconstruction and in condition to endanger persons or property passing thereon, or so as to interfere with the public convenience in the use thereof, the Superintendent of Streets of the City shall require the owner or occupants of lots or portions of lots fronting on any such street, avenue, lane, alley, court or place by notice in writing to be delivered to them or their agents personally or left upon the premises, to repair, reconstruct, or do both, forthwith, said portion of said walk so out of repair in front of the property of which he is the owner, tenant, or occupant.

B. The City Council by resolution may from time to time prescribe the procedure by which such work shall be performed, including, but not limited to:

1. The form of such notice;

2. The degree to which the City shall:

a. Offer to perform all or a portion of the work;

b. Pay or contribute toward all or a portion of the cost of performing the work. (Ord. 912, §2, adopted 1990)

§5402 NOTICE TO SPECIFY WORK TO BE DONE

The Superintendent of Streets particularly shall specify in said notice what work is required to be done, and, within lawful limits, what materials shall be used in said repairs, reconstruction or both, and such other matters as may be prescribed by the City Council by resolution adopted pursuant to §5401. (Ord. 912, §3, adopted 1990)

§5403 REPAIRS TO COMMENCE WITHIN TWO WEEKS

Within two (2) weeks after such notice shall be served upon such owner, tenant or occupant of lots or parts of lots as aforesaid, said owner, tenant or occupant shall cause to be commenced such repairs, reconstruction, or both, as may be required and directed by the Superintendent of Streets in his notice aforesaid, and shall diligently and without interruption prosecute the same to completion. Said notice may offer said owner, occupant or tenant the option of entering an agreement with the City pursuant to which the City would perform the work and charge the owner for all or part of the cost thereof according to the resolution adopted pursuant to §5401. If the owner, occupant or tenant, as the case may be, fails to pay the City according to the terms of such an agreement, the unpaid portion of such charges may become a lien upon the property in accordance with the provisions of Article 3 of Chapter 22 of Part 3 of Division 7 of the Streets & Highways Code (commencing with §5625) as it may be amended from time to time. (Ord. 912, §4, adopted 1990)

§5404 ENFORCEMENT

The provisions of this Chapter may be enforced as provided in Chapter 22 of Part 3 of Division 7 of the Streets & Highways Code as it may be amended from time to time. Nothing contained herein shall prevent the City from enforcing the provision of this Chapter or any agreements entered pursuant to it by any other means available at law or in equity. (Ord. 912, §5, adopted 1990)