Chapter 12.05


12.05.010    Intent.

12.05.020    Liability for unsafe conditions and injury to public.

12.05.030    Definitions.

12.05.040    Inspection program.

12.05.050    Property owner(s) responsibilities.

12.05.060    City repairs.

12.05.070    Notice to property owner.

12.05.080    Content of notice.

12.05.090    Property owner elects to make repair.

12.05.100    Removal or planting of street or landmark tree.

12.05.110    Sidewalk improvement – Permit required.

12.05.120    Sidewalk improvement unlawful without permit.

12.05.130    City to replace if owner fails to do so.

12.05.140    Notice of cost and hearing.

12.05.150    Assessment.

12.05.160    Recording of lien.

12.05.170    Release of lien.

12.05.180    Revolving fund.

12.05.010 Intent.

To maintain the sidewalk in such condition that it will not endanger persons or property or interfere with the public convenience in the use of those sidewalks and to provide for fronting and adjacent property owners to bear the costs of such repair as allowed by Section 5600 et seq. of the California Streets and Highways Code. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.020 Liability for unsafe conditions and injury to public.

Pursuant to this chapter of the Elk Grove Municipal Code (EGMC) and State law, property owners are required to maintain, repair, and/or replace the sidewalk and as such owe a duty to members of the public to keep and maintain the sidewalk in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk in a nondangerous condition as required by this chapter, any person suffers injury or damage to person or property, the property owner may be liable to such person for the resulting damages or injury. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.030 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code:

A. “Director of Public Works” means Director of Public Works or his or her designee.

B. “Driveway approach” means the concrete structure located in the public right-of-way between the public street and a driveway or parking area on private property.

C. “Landmark tree” means a tree as defined in EGMC Chapter 19.12 as being a landmark tree subject to the provisions of that chapter.

D. “Planting strip” means the area of the street lying between the curb line and the street line or edge of right-of-way along any street; including the sidewalk.

E. “Property owner” means the fee owner of real property.

F. “Sidewalk” means any area provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering fronting or adjacent private property.

G. “Sidewalk repair” means any effort to eliminate sidewalk discontinuities such as patching cracks or gaps, grinding or planing displaced or lifted sidewalk panels, ramping of elevated sidewalk panels, and filling in areas of settled or sunken sidewalk.

H. “Sidewalk replacement” means the complete removal and replacement of failed portions of sidewalk.

I. “Street tree” means any woody perennial plant having a single main axis or stem achieving ten (10' 00") feet or more in height, growing within a street right-of-way, planted within a street right-of-way and/or designated planting easement. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.040 Inspection program.

The City of Elk Grove will implement an inspection program to identify damaged sidewalks and assess repair and replacement needs. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.050 Property owner(s) responsibilities.

It shall be the duty of the property owner(s) of lots or portions of lots fronting or adjacent to any portion of a public street, avenue, alley, lane, court or place to maintain the sidewalks, including any planting strip or driveway approach, in a safe condition. For sidewalks that will not support or sustain repairs, the adjacent property owner has the duty to fund or perform permanent sidewalk replacement of failed portions of sidewalk, whether or not the City has notified the property owner of the need for such work and regardless of the City performing such work in the past. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.060 City repairs.

The City may, at its own discretion, make safe any reported or discovered hazardous sidewalk conditions by performing temporary repairs (patching, grinding or ramping) or closure of the sidewalk if necessary. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.070 Notice to property owner.

When any portion of a sidewalk or driveway approach is not in good repair, in a condition to endanger persons or property or interfere with public convenience, or in a condition that will not sustain or support sidewalk repairs and the Director of Public Works has knowledge thereof, he or she will send two notices to the fronting or adjacent property owner to replace the sidewalk. Notice shall be written and given by mailing to the property owner’s last known address, as it appears on the last equalized assessment rolls of the City. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.080 Content of notice.

The notice shall direct the property owner to replace the sidewalk and specify what work is required to be done, how the work is to be done, and what materials shall be used in such sidewalk replacement. Upon receipt of the notices, property owners will be given the option of authorizing the City to work on the property owner’s behalf in completing the sidewalk replacement. Should property owner fail to pay for sidewalk replacements, EGMC Sections 12.05.090 through 12.05.180 shall apply. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.090 Property owner elects to make repair.

If the property owner chooses not to have the City complete the sidewalk replacement the property owner shall initiate work within two (2) weeks of the first notice. If work is not completed, the City may elect to replace sidewalk and place a lien on the property for costs as allowed by Section 5614 of the California Streets and Highways Code. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.100 Removal or planting of street or landmark tree.

If the property owner wants to remove or plant a street or landmark tree in relation to the sidewalk replacement, he or she must apply for a permit as prescribed under EGMC Chapter 19.12 relating to tree preservation and protection. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.110 Sidewalk improvement – Permit required.

Before constructing, or replacing, the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the property owner of the lot or lots shall obtain an encroachment permit from the Department of Public Works. The encroachment permit fee and any inspection charges shall be waived. However, bonds and certificate of insurance shall be required. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.120 Sidewalk improvement unlawful without permit.

It shall be unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk without a valid permit issued by the City. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.130 City to replace if owner fails to do so.

If the repair is not commenced and prosecuted to completion as required by the notice, the City may replace the sidewalk. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.140 Notice of cost and hearing.

Upon completion of the sidewalk replacement, the Director of Public Works will ascertain the replacement cost and apportion it if the sidewalk replacement is adjacent to more than one lot of land. The Director of Public Works shall notify the property owner by mail of the sidewalk replacement cost and a hearing date shall be provided in which the City Council shall hear and approve a report by the Director of Public Works including costs for sidewalk replacement. Any protests by property owners shall also be heard at that time. The City Council may take any action on the Director’s report and property owners’ protests at that time and all such actions are final. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.150 Assessment.

If the cost of repair is assessed by the Council against the property owner fronting or adjacent to the sidewalk such assessment shall be paid within five (5) days after the Council confirms the assessment. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.160 Recording of lien.

After the five (5) day period, if the assessment is not paid the City shall consider the assessment a special assessment against the property and place a lien on the fronting or adjacent property for all costs and interest in accordance with Section 5625 of the California Streets and Highways Code. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.170 Release of lien.

Upon payment of the amount owed, the City shall request that the County Recorder remove the lien. [Ord. 31-2011 §2, eff. 1-13-2012]

12.05.180 Revolving fund.

A fund shall be provided to cover initially the cost of making sidewalk replacements as provided for under this chapter. The revolving fund will be replenished by appropriation and by all money paid or collected from sidewalk repairs. [Ord. 31-2011 §2, eff. 1-13-2012]