CHAPTER 2
STREETS AND SIDEWALKS

Article 1    GENERAL PROVISIONS

6.2.102 Definitions.

As used in this chapter the following words and phrases shall have the meanings given in this section:

a.    "Public highway" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public highways, except highways forming a part of the State highway system or of an incorporated City street system.

b.    "Right-of-way" means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

c.    "Encroach" includes going on, over, or under, or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts:

1)    Excavating or disturbing the right-of-way;

2)    Erecting or maintaining any post, sign, pole, fence, on, over, or under the right-of-way;

3)    Planting any tree, shrub, grass, or other growing thing within the right-of-way;

4)    Placing or leaving on the right-of-way any rubbish, brush, leaves, earth or any material;

5)    Constructing, placing, or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, or cable;

6)    Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law without a permit;

7)    Lighting or building a fire within the right-of-way;

8)    Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the right-of-way which causes or will cause an encroachment;

d.    "Permittee" means any person, firm, company, corporation, association, public agency, or organization that proposes to do work or encroach on a right-of-way as defined in this section and has been issued a permit for encroachment by the City Engineer. All obligations, responsibilities, and other requirements of the permittee as described in this title shall be binding on subsequent owners of the encroachment.

(Sec. 2, Ordinance No. 02-15, adopted January 27, 2015)

6.2.104 Right of Lawful Use.

Any permit granted under this chapter shall not annul the right of the City or any person, firm, corporation, district, or association entitled to use that part of the public right-of-way for any purpose for which it may be lawfully used, and no part of the public highway shall be unduly obstructed at any time.

6.2.106 Exception – City Officers.

This chapter shall not apply to any officer or employee of this City in the discharge of his/her official duties.

6.2.108 Act Requiring Permit.

No person, firm, corporation, or association, without first obtaining a written permit, shall:

a.    Encroach or make any encroachment within, on, over, or under the limits of any right-of-way;

b.    Make any alteration within, on, over, or under right-of-way;

c.    Construct, put on, maintain, or leave on a right-of-way any obstruction or impediment;

d.    Cut, or trim trees or set a fire on a right-of-way;

e.    Place on, over or under a right-of-way any pipeline, conduit, or other fixture;

f.    Move over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by this City any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; or

g.    Place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment so as to endanger the normal usage of the right-of-way.

6.2.110 Unacceptable Permit Applications; Exception.

Prohibition. No application will be accepted, nor any permit issued for constructing or maintaining a loading platform within or on the right-of-way; or for erecting, using or maintaining a post, pole, column, or structure for the support of advertising signs within or on the right-of-way; or for erecting, using or maintaining advertising signs which overhang the right-of-way. Any such encroachment is illegal.

6.2.112 Emergency Work Authorization.

This chapter shall not prevent any person from performing emergency maintenance on any pipe or conduit lawfully on or under any right-of-way, or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person making an emergency use or encroachment of a right-of-way shall apply for a written permit within 10 calendar days, beginning with the first business day the City offices open. Any person requiring an emergency use or encroachment shall first notify the City Engineer’s office. During the hours the City offices are closed, notice shall be given the Police Chief’s office.

6.2.114 Appeals.

Any person aggrieved by the decision of the City Engineer, or his/her designee, shall have the right to appeal the approval, conditional approval, or disapproval of the application to the City Manager or his/her designee (the "City Manager"). Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the City Engineer’s decision final. The City Manager shall set a time and place for a hearing on the appeal within 10 days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive.

6.2.116 Conditions for Granting Permit.

If, in addition to the requirements of this chapter, the City Manager finds all of the following to be true, the permit shall be granted:

a.    That the applicant will be substantially damaged by the refusal to grant the permit as requested;

b.    That no other reasonable method of obtaining the desired results is available except as proposed by applicant;

c.    That the granting of the permit will not be materially detrimental to the public interest, safety, health, and welfare or injurious to other property.

6.2.118 Removal of Encroachments.

a.    Removal. The City Engineer may immediately remove an encroachment which is an advertising sign or device of any description, except a notice posted as provided by law or court order.

b.    Disposition. The City Engineer may sell, destroy or otherwise dispose of such an encroachment if it is unclaimed for 10 days after its removal.

c.    Claims. Any person signing a verified claim of ownership may claim such an encroachment from the City Engineer for 10 days after its removal, by paying an amount sufficient to reimburse the City for the costs of removal as established by City Council.

Article 2    PERMITS

6.2.202 Issuance.

The written permits required by this chapter shall be issued by the City Engineer for any lawful use, subject to conditions set forth in this chapter and required by law. The City Engineer shall prescribe and provide a regular form of application for a permit required by this chapter. The application form shall contain space for the applicant’s name and address and the contractor’s name, license number, and primary place of business, if the applicant proposes to employ a contractor, together with the detail that in the judgment of the City Engineer is necessary to establish the purpose and use, location, dimension, and estimated dates of commencement and completion of the encroachment. The application form shall be completed and signed by the applicant and filed with the City Engineer.

6.2.204 Application – Exhibits Required.

The applicant shall enclose with, attach or add to the application for a permit, a map, plat, sketch, diagram, or similar exhibit, when required by the City Engineer, of a size and in the quantity that he/she may prescribe, on which shall be plainly shown all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right and necessity of the applicant to cause such encroachment. If necessary, changes, corrections, and notes will be made on the map, plat, sketch, diagram, or similar exhibit and these items will become an integral part of the permit.

6.2.206 Application – Consent of Public Bodies.

The applicant shall also enclose with, attach to, or add to the application copies of the written order or consent to any work under the permit, required by law, of the Public Utilities Commission, sanitary districts, water districts, or any other public body having jurisdiction. A permit shall not be issued until the order or consent, if required, is first obtained and evidence of it filed with the City Engineer. The permittee shall keep him/her adequately informed of all State and Federal laws and local ordinances and regulations which affect the permit. The applicant at all times shall comply with and shall cause all his/her agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders, and shall protect and indemnify the City and all of its officers, agents, and employees against any claims or liability proximately caused by the violations of such law, ordinance, regulation, or order issued under police power and in accordance with law, whether by himself or his/her agents or employees.

6.2.208 Special Permit Required to Move Certain Objects.

Before a vehicle or combination of vehicles or objects of weight, dimension, or characteristic prohibited by law without a permit, is moved on a public right-of-way, a permit shall first be granted by the City Engineer as set forth in specifications adopted by resolution of the City Council.

6.2.210 Term – Beginning of Work or Use.

The permittee shall begin the work or use authorized by a permit issued under this chapter within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within 90 days, or within the time stated in the permit, then the permit shall become void, unless before its expiration the time for beginning has been extended in writing by the City Engineer. A permit for temporary encroachments, as determined by the City Engineer, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year from date of issuance, unless the permit specifies otherwise, or unless sooner terminated by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the City Engineer mailed 30 days before the date of termination.

6.2.212 Term – Completion of Work.

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the City Engineer finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, the City Engineer may cancel the permit and restore the right-of-way to its former condition or a safe condition, whichever is less expensive, or complete the work authorized by the permit. The permittee shall reimburse the City for all expenses incurred by the City Engineer in restoring the right-of-way, or completing the work, plus 15% as administrative costs.

6.2.214 Unsatisfactory Work – Correction By City – Costs.

If the City Engineer determines that the performance of the work described in a permit is unsatisfactory or unacceptable, or both, then the permittee shall reconstruct the work to the satisfaction of the City Engineer. If the City Engineer determines that delay in pursuit or completion of the act or work is due to lack of diligence or to a willful act on the part of the permittee, or that the work is unsatisfactory, unacceptable, or both, if essential to the health, safety or welfare of the public, the City Engineer may request the City Council for authorization to contract with any licensed general contractor to complete, erect, install, reconstruct, or alter all structures or work in conformance with the permit, or to remove all structures and obliterate all work not completed. The costs incurred thereby shall be repaid to the City from the cash or surety bond deposited by the permittee with the City for the performance of the work; provided that any and all costs incurred by the City which exceed the cash deposit or surety bond’s penalty sum shall be paid by the permittee to the City.

6.2.216 Non Transferable.

No permit issued under this chapter is transferable. The person, public agency, firm, or corporation actually making or maintaining the encroachment shall obtain the permit and furnish the bond.

6.2.218 Display Requirements.

The permittee shall keep any permit issued under this chapter at the site of work, or in the cab of a vehicle when its movement on a public highway is involved, and the permit must be shown to any authorized representative of the City Engineer or law enforcement officer on demand. A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity but shall be made available to an authorized representative of the City Engineer or law enforcement officer within a reasonable time after demand.

6.2.220 Encroachment or Use Change.

No changes shall be made in the location, dimensions, character, or duration of the encroachment or use granted by the permit except on written authorization by the City Engineer, but no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes to them where the changes or additions require no excavation of the right-of-way.

6.2.222 Fees.

The schedule of fees will be those recommended by the City Engineer and established and adopted by the City Council from time to time by resolution. Before a permit is issued the applicant shall deposit with the City Engineer for payment to the treasurer of the City cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedules established and adopted by the City Council. Public utilities and political subdivisions, at the City Engineer’s option, may make payment for the above changes as billed by the City instead of advance deposit as required above.

Article 3    SECURITY

6.2.302 Cash Deposit.

Unless this section is waived in the permit and before a permit is effective, an applicant shall deposit with the City Engineer, or an agent authorized by resolution of the City Council, cash or a certified or cashier’s check in a sum to be fixed by the City Engineer as sufficient to reimburse the City for costs of restoring the right-of-way to its former condition or a safe condition, or completing the work, based on the schedules, if any, adopted by resolution of the City Council; but an applicant may file a cash deposit on an annual basis in a sum estimated by the City Engineer as sufficient to cover his/her activities during any 12 month-period.

6.2.304 Bond In Lieu of Cash Deposit.

Instead of the cash deposit prescribed by Section 6.2.302, the applicant on approval of the City Engineer may file a cash deposit in the minimum sum established by the schedules, if any, adopted for that purpose by the City Council and in effect at the time of application for a permit; the balance of the sum fixed by the City Engineer as sufficient to reimburse the City for expenses incurred in restoring the right-of-way to its former condition or a safe condition, or completing the work, shall be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the State of California.

6.2.306 Annual Bond.

Instead of a cash deposit, the applicant, on approval by the City Engineer, may annually file with the City Engineer an approved surety bond issued by a company authorized to do a general surety business in the State, in a sum fixed by the City Engineer as sufficient to reimburse the City for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.

6.2.308 Additional Bond or Cash Deposit.

The City Engineer may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.

6.2.310 Condition of Bond or Cash Deposit.

The condition of any bond or cash deposit made under this chapter shall be that the permittee comply diligently and in good faith with this chapter and the terms and conditions of the permit.

6.2.312 Payable to City – Release.

Any bond or cash deposit required by the City Engineer under this chapter shall be payable to the City and shall be filed with the City Engineer, who shall release it 90 days after satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit.

6.2.314 Forfeiture of Cash Deposit – Work Not Completed.

The cash deposit shall be forfeited to the City if work authorized by the permit has not been completed within one year after the permit’s expiration date, provided that no action has been started under Section 6.2.212 or Section 6.2.214 to have the work restored or completed.

6.2.316 Certificate of Insurance In Lieu of Cash Deposit or Bond.

The City Engineer may waive the provisions of this chapter relating to cash deposit or surety bond for permits required under Section 6.2.208, except where permits are also required under Title 7 Chapter 12 of this Code, upon satisfactory proof by certificate of insurance that the permittee is adequately insured to assure reimbursement to the City for repair of any damage caused to City property.

6.2.318 Certificate of Liability Insurance.

In addition to the other requirements of this chapter, the City Engineer may require satisfactory proof by certificate of insurance that the permittee has in force a valid public liability insurance policy which includes the City, its officers, employees and agents as additional insureds. When so required, the insurance coverage shall be in an amount the City Engineer deems sufficient to adequately protect the additional insureds from liability for damages to person(s) or property(s) arising from the activities related to the permit.

Article 4    REQUIREMENTS

6.2.402 Safeguards Required.

The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued under this chapter, shall provide, erect, or maintain the lights, barriers, warning signs, patrols, watchmen, and other safeguards necessary to protect the traveling public. Any omission on the part of the City Engineer to specify in the permit what lights, barriers, or other protective measures or devices shall be provided, erected, or maintained by the permittee, or the fact that the City Engineer may not specify sufficient lights, barriers, or other protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of the traveling public. If at any time the City Engineer finds that suitable safeguards are not being provided, the City may provide, erect, maintain, relocate, or remove the safeguards deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee. A permittee making any excavation or leaving any obstruction within, under, or on the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than 50 foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed 200 and 400 feet from each excavation or obstruction, in a position adequately to warn public traffic. The warning signs, lights, and other safety devices shall conform to the requirements of Section 21406 of the Vehicle Code and of any sign manual issued by the Department of Public Works of the State.

6.2.404 Start of Work.

Unless otherwise exempt in the permit, the permittee shall notify the City Engineer of the time of beginning work before beginning any work which includes:

a.    Excavation; or

b.    Construction of concrete sidewalks, curbs, gutters, or driveway approaches; or

c.    Planting, trimming, or removing trees; or

d.    Making, placing, or causing an obstruction in the right-of-way.

6.2.406 Completion of Work.

Unless this section is waived in the permit, the permittee shall notify the City Engineer of the completion of all work. No work shall be deemed completed until notice of completion is given under this section.

6.2.408 Drainage.

If the work, use, or encroachment authorized in a permit issued under this chapter interferes with the established drainage, the permittee shall provide for proper drainage as approved by the City Engineer and shall comply with the requirements of the Municipal Code.

6.2.410 Interference With Travel of Public.

All work or use shall be planned and executed to cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized. At no time shall a public highway be closed or its use denied to the general public without the written permission of the City Engineer, nor shall use of private property be interfered with unreasonably without the consent of the owner.

6.2.412 Restoration of Right-of –Way.

On completion of the work, acts, or things for which a maintenance or encroachment permit was issued, or when required by the City Engineer, the permittee shall replace, repair, or restore the right-of-way as provided in this chapter and adopted specifications, or as directed by the City Engineer within the limits of the specification. The permittee shall remove all obstructions, impediments, material, or rubbish caused or placed on the right-of-way and shall do any other work or perform any act necessary to restore the right-of-way to a safe and usable condition, as directed by the City Engineer. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. On notice from the City Engineer the permittee shall immediately repair any injury, damage, or nuisance in any portion of the right-of-way resulting from the work done under the permit. If the permittee fails to act promptly or if the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notice, the City at its option may make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged the actual costs of labor and materials, plus 15% as administrative costs. By acceptance of the permit, the permittee agrees to comply with this section.

6.2.414 Relocation or Removal of Installations.

If any future construction, reconstruction, or maintenance work on a public right-of-way requires the relocation or removal of installations or encroachments in, on or under the public right-of-way, the permittee owning, controlling, or maintaining the installations or encroachments shall relocate or remove them at his/her sole expense; but this provision shall remain in effect only so long as the right-of-way on which the installations or structures are located is used for usual highway purposes and not as a freeway, and this provision shall cease to apply when the highway becomes a freeway. When removal or relocation is required, the City Engineer shall give the permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed from the right-of-way, and specifying in the demand a reasonable time within which the encroachment must be removed or relocated. If the permittee fails to comply with instructions, the City may cause the removal or relocation of the encroachment at the expense of the permittee.

6.2.416 Repair Work Supervision and Inspection.

All encroachment repair work done under a permit issued under this chapter shall conform to specifications established by the City Engineer or, in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. All encroachment repair work shall be done subject to approval of the City Engineer. Unless otherwise noted on the permit all encroachment repair work performed on any public highway or right-of-way under the jurisdiction of the City shall conform to the construction specifications contained in the current edition of the Standard Specifications of the State of California, issued by the Department of Public Works, Division of Highways, as may be amended by special provisions adopted by the City Council.

6.2.418 Storage of Material.

No material shall be stored within five feet of a public highway. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the City Engineer.

6.2.420 Pipes and Conduits – Generally.

Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, or driven, or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit.

6.2.422 Pipes and Conduits – Minimum Cover.

The minimum cover over all pipes or conduits larger than 2.5 inches installed within the right-of-way shall be three feet of earth or imported material, unless otherwise specified in the permit. Within the public highway, the minimum cover of three feet shall be measured from the surface, existing or planned. The City Engineer is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity.

6.2.424 Backfilling.

Backfilling and compaction of an excavation shall accord with specification established by the City Engineer and adopted by resolution of the City Council, both as to material and method.

6.2.426 Poles and Transmission Line Carriers.

Clearances and types in the construction of poles and transmission line carriers shall accord with rules, regulations, and orders of the Public Utility Commission and other public agencies having jurisdiction. No guy wires shall be attached to trees without specific authorization in the permit, and in no event shall guy wires be attached to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders, and regulations of the Public Utilities Commission. The permittee shall remove and keep clear all vegetation on the right-of-way within a radius of at least five feet of poles when ordered by the City Engineer. When a pole, guy, stub, or similar timber is removed and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted.

6.2.428 Aids to Visibility.

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the City Engineer may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Public Works of the State of California, at the expense of the permittee.

6.2.430 Movement of Vehicles.

a.    When authorized, by a permit issued under Section 6.2.208 to move a vehicle or combination of vehicles or load of dimension, weight, or other characteristic generally prohibited by law, the permittee, unless exempt by special permit, shall comply with the general law regulating travel over a road or highway, including:

1)    Posted signs or notices which limit speed or direction of travel;

2)    Weight which may be placed on a structure;

3)    The width or height that may be moved; or

4)    Other restrictions or control of travel on a road or highway.

b.    The permittee at all times shall conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public and to keep safe and preserve the road or highway over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee.

6.2.432 Mail Box Placement.

All mail boxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mail boxes.

6.2.434 Tree – Planting and Maintenance.

Applications for permits to plant trees in the right-of-way shall be made on a form prescribed by the City Engineer. The form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees in a neat, healthy, and safe condition to the satisfaction of the City Engineer, and an agreement to remove the trees as directed by the City Engineer and to pay the cost of removal on the permittee’s failure promptly to remove the trees on direction of the City Engineer. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the City Engineer. All trees placed in the right-of-way shall be maintained by the permittee or his/her successor in interest or by some other interested party in a neat, healthy, and safe condition to the satisfaction of the City Engineer and at no expense to the City. If the encroachment is not located or maintained as specified in this section, the City Engineer may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee. If the permittee fails promptly to remove the encroachment as directed, the City Engineer shall have the right to remove it and collect the cost of removal from the permittee, together with all of the City’s costs and expenses in enforcing collection. The City Engineer shall refuse to issue a permit authorizing the planting of trees in the right-of-way when in his/her judgment the location as described in the application or the nature of the growth above or below ground of the kind of tree proposed will impede or inconvenience public travel, unduly disturb the right-of-way, interfere with the construction or maintenance of necessary facilities, or interfere with existing pipe lines, utility installations, or other facilities lawfully placed within the right-of-way.

6.2.436 Tree – Trimming or Removal.

Trimming of trees will be permitted only when and in the manner authorized by a permit issued under this chapter so that the shapeliness of the tree may be preserved. An application for removal of a tree will be approved and permit issued only when a necessity for removal exists. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

6.2.438 Hedge and Fence – Permit Required.

No hedge, shrub, or other planting whatever, or fence or similar structure, except as provided in Section 6.2.442, shall be planted, erected, or maintained in a right-of-way without a permit. No hedge, shrub, or other planting whatever or fence or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep a walkway free for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment will be permitted or maintained which impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the right-of-way of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic.

6.2.440 Hedge and Fence – Maintenance.

The permittee or property owner shall maintain the hedges, shrubs, or other planting, or fence or similar structure, used for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this section, or is located in violation of Section 6.2.438, the City Engineer may direct the permittee or property owner to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee or property owner.

6.2.442 Lawns.

Other provisions of this chapter notwithstanding, it is lawful for a person, firm, or corporation or other body of persons to plant and maintain a lawn or similar ground cover of any grass or type not otherwise prohibited by law within the right-of-way without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way nor into the drainage ditches, gutter, or other drainage facilities. The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The City may use the planted area for any purpose and may issue a permit to any applicant to go on the planted area to perform work or otherwise encroach under this chapter. If the lawn or similar ground cover is damaged or disturbed in the course of an authorized encroachment, the permittee will be held responsible for the replacement unless the permit specifically states otherwise.

6.2.444 Marking of Streets, Curbs and Sidewalks.

No person, without first obtaining a permit, shall solicit on a commercial or donation basis to place or maintain any number, figure, letter, carving, drawing, design, or other marking on any street, sidewalk, or curb. Temporary markings to identify survey or construction locations shall not be subject to this section.

6.2.446 Monuments.

Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines or elevation of any public highway or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the City Engineer. Permission shall be granted in conformance with requirements set forth in specifications adopted by resolution of the City Council. Replacement of removed or disturbed monuments shall be at the expense of the permittee.

Article 5    REGULATION OF NEWSRACKS

6.2.502 Findings and Purpose.

The public sidewalks and pedestrian walkways are important thoroughfares for all, including residents and visitors with physical challenges and disabilities. There is a substantial governmental interest in promoting the public health, safety and welfare by ensuring that persons may use the public streets and sidewalks without unreasonable interference. Encroachments into the sidewalk and pedestrian thoroughfares are permitted on a limited basis by permit. Newsracks historically have been placed in public areas and have been allowed to encroach subject to certain clearly defined limitations. The proliferation of newsracks can be unsightly and, if placed improperly, can unreasonably interfere with pedestrian traffic, particularly as those newsracks may conflict with the movement of disabled pedestrians. It is, therefore, important and necessary to regulate the placement of newsracks and encroachments in general to preserve free access while allowing the greatest opportunity for dissemination of printed material through these vending machines. It is intended that the provisions of this article shall be consistent with the requirements of the Americans with Disabilities Act (ADA) and related laws and that the owner of each newsrack comply with its provisions. The regulation of the sale or free distribution of newspapers and other publications dispensed from newsracks as set forth in this article provides the least intrusive and burdensome means for ensuring the purposes stated in this article are carried out while still providing ample opportunities for the distribution of news, opinion and free speech. Given the limited space available and the increasing congestion throughout the community, the City has a substantial interest in devising a systematic approach to newsrack placement to ensure a fair and equitable distribution of publications. Except as provided, this article does not regulate the placement of newsracks on private property or property owned by any government jurisdiction other than the City of Oakley.

6.2.504 Definitions.

a.    "Abandoned newsrack" shall mean any newsrack which remains empty for 10 business days, except that a newsrack remaining empty due to a labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper or other publications sold or distributed from that newsrack shall not be deemed abandoned.

b.    "Director" shall mean the Community Development Director of the City of Oakley, or his or her designee, or such other City official as designated by the City Manager.

c.    "Freestanding newsrack" is any newsrack which is not a modular newsrack.

d.    "Harmful matter" shall be as defined in Section 313 of the California Penal Code.

e.    "Modular newsrack" shall mean an assembly of two or more attached newsracks which is of a type, design or model permitted by this article and which contains self-service or coin-operated boxes, containers, storage units or other dispensers installed, used or maintained for the display and sale or the distribution without charge of newspapers, news periodicals or other news publications.

f.    "Newsrack" shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale or distribution without charge of newspapers, periodicals or other publications. "Newsrack" shall include any coin-operated or slug-operated vending machine or mechanically or electronically controlled vending machine.

g.    ."Parkway" shall mean the area between the edge of the roadway and the adjacent street right-of-way line, excluding that area occupied by the sidewalks. Parkway shall also include any area within a roadway which is not open to vehicular travel.

h.    "Sidewalk" shall mean any portion of a street between the curbline and the adjacent street right-of-way line intended for the use of pedestrians, excluding parkways and improved with a nonporous paving material.

i.    "Specified anatomical areas" means:

1)    Less than completely and opaquely covered human genitals, pubic region, buttocks, perineum, anal region, or female breast at or below the areola thereof;

2)    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

j.    "Specified sexual activities" means:

1)    Human genitals in a state of sexual stimulation or arousal;

2)    Acts of human masturbation, sexual intercourse or sodomy; or

3)    Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

6.2.506 Permit Required.

a.    A permit shall be obtained for any newsrack located on or projecting into any public right-of-way or any public property from the Community Services Director on the forms provided by the department prior to placement of a newsrack on public rights-of-way or on public property.

b.    The provisions of this article shall be the exclusive requirements for newsrack encroachments onto public property and rights-of-way in the City and shall preempt any other conflicting provisions of this Code. In implementing or enforcing this article, the Community Development Director shall not consider the content or viewpoint of the material to be distributed through the newsracks.

c.    There shall be no fee for the permit required by this section.

d.    The newsrack permit application shall state the name, address, telephone and fax number of those responsible for installation, use and maintenance of the newsrack. It shall describe with particularity the locations proposed for installation. The application must also indicate the type of rack and if it is not a type approved by this article, describe with particularity its appearance, by photo and/or drawing if necessary.

e.    Upon receipt of a complete application, a newsrack permit shall be issued within 30 working days if the type of newsrack and location(s) proposed meet the standards set forth in this article. The Community Development Director shall notify the applicant in writing of the decision on the application, including a decision on whether the application is complete, within 15 days. If an application is denied, in whole or in part, or is determined to be incomplete, the notice to the applicant shall state the reason(s) for the denial, or the basis for finding the application incomplete. The applicant may appeal the decision by filing a written appeal with the City Manager within 15 days of receipt of the decision. Upon receipt of an appeal, the City Manager’s office shall, within 15 business days, notify the applicant of the date, time and place of the hearing. The City Manager or designee shall issue his/her decision in writing no later than 15 business days after the hearing. The decision of the City Manager or designee shall be final.

f.    An applicant securing a newsrack permit may install and maintain additional newsracks in the same location by securing an amendment to the permit originally granted to that applicant. The rules and procedures of this section shall also apply to the review and approval of any such amendment.

g.    Newsrack permits are valid for one year from the date of issuance and shall be automatically renewed for one year on each anniversary date unless a notice of non-renewal is sent to the permittee by the Community Development Director 30 days prior to the expiration date. Renewal may be affected by the priority for locations in Section 6.2.510. The City has the prerogative to terminate a permit earlier if the rack conflicts with a capital improvement project, changes to nearby public or private property make it necessary to relocate the rack, or the rack is no longer in compliance with this article.

6.2.508 Design of Newsracks.

a.    When there are more than five freestanding newsracks in a given location, each shall be a modular-style rack, assembled and installed accordingly. No freestanding rack shall be allowed within 50 feet of a modular newsrack installation.

b.    Modular-style newsracks shall be painted black and be one of the following types: K-49-16, K-100 (as manufactured by "Sho-Rack") or KJ50/KJ55F (as manufactured by "K-Jack") or M-30/M-33 (as manufactured by "National News Vend") or a similar style as may be approved by the Community Development Director.

c.    Freestanding newsracks may be painted any color. Freestanding newsracks may be of the same type allowed for modular installations or the HT-94 (as manufactured by "Sho-Rack"). Except in the area of the Downtown Precise Plan, freestanding racks may also be one of the following types: TK-80, TK-West, Gansat (as manufactured by "Sho-Rack") or a similar style as may be approved by the Community Development Director.

d.    Owners of non-modular racks shall have 60 days to replace their non-modular racks with modular racks once more than five newsracks have been installed in a particular location. The Community Development Director may issue a temporary permit for the newsrack(s) triggering the modular requirement to allow adequate time for conversion of the existing newsracks to a modular installation. The compartments of modular racks shall be placed in such a manner as to provide up to two horizontal rows of up to eight compartments per row. In addition, any compartment that is unused in a modular rack installation shall be kept empty and not used for advertising purposes.

e.    The City of Oakley expects all newsrack users to work cooperatively, particularly in modular rack installations. A newsrack owner or operator that installs or maintains a modular rack is expected to share spaces with other publications, so that the public will have the maximum possible choice of news publications, and may recover a proportional share of the cost of the rack from other publications displayed in the rack. If there are more publications requesting compartments than available compartments, the Community Development Director may limit each publication to only one compartment. Priorities shall be assigned pursuant to Section 6.2.510.

f.    Newsracks shall not exceed 50 inches in height, including pedestal, measured from the ground to the top of the surface of the newsrack, and not more than two feet deep and not more than 30 inches wide.

g.    Newsracks do not require site plan and architectural review (SPAR) approval.

h.    Racks may contain identification graphics covering up to 25% of each side of the rack. On the door side of a newsrack, the allowable graphic is either: (1) 25% of area; or (2) a standard placard 11 inches by 16 inches or similar size) plus the name of the publication in letters one and one-half inches or less. Graphics and placards shall not promote or advertise any product, business or service, other than the publication dispensed from the newsrack except when that product, business or service is being specifically promoted in the publication dispensed from the newsrack.

i.    Newsracks on private property that are within 10 feet and visible from, the public right-of-way shall comply with the design and spacing requirements of this article.

6.2.510 Number of Newsracks Permitted.

a.    Newsracks may be placed next to each other. However, no group of newsracks placed along a curb shall extend for a distance of more than 16 feet and shall be no closer than four feet to another group of newsracks along a curb. If sufficient space does not accommodate all newsracks sought to be placed at one location without violating the standards set forth in this article, the Community Development Director shall give priority on an historical basis until the amortization date in Section 6.2.526. After that date, the Community Development Director shall give priority, to permit applicants as follows:

1)    First priority, on a first-come, first-served basis, shall be given to daily publications (inclusive of their Saturday, Sunday or weekend editions whether or not published jointly with another newspaper) published at least five times per week.

2)    Second priority, on a first-come, first-served basis, shall be given to publications published more than once but less than five days per week.

3)    Third priority, on a first-come, first-served basis, shall be given to weekly publications.

4)    Fourth priority, on a first-come, first-served basis, shall be given to biweekly publications (published less than once per week but more than once per month).

5)    Fifth priority, on a first-come, first-served basis, shall be given to monthly or less frequent publications.

6.2.512 Standards for Installation of Newsracks.

a.    Any newsrack which, in whole or in part, rests upon, on or over any sidewalk, parkway or City property or right-of-way shall comply with the following standards:

1)    Newsracks shall only be placed near a curb or adjacent to the wall of a building, or at the edge of sidewalk furthest from the curb. The back of newsracks placed near the curb shall be placed parallel to the curb and no less than 18 inches, no more than 24 inches from the edge of the curb. The back of newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall or edge of sidewalk. The backs of newsracks placed at the edge of sidewalk furthest from the curb shall be placed parallel to, and within six inches of, the edge of such sidewalk. No newsrack shall be placed or maintained on a sidewalk or parkway opposite another newsrack or kiosk which distributes newspapers, periodicals or other publications.

2)    Newsracks shall not be chained or otherwise attached to any structure, including, but not limited to, bus shelters, benches, streetlights, utility poles or sign poles, or to any tree, shrub or other plant.

3)    Newsracks may be affixed to the sidewalk. If attachment to the sidewalk is requested, the Community Development Director shall impose conditions on the permit requiring the restoration of the sidewalk upon removal of the rack(s). Applicants who have not adequately repaired or replaced sidewalks after the removal of a newsrack shall not be issued additional permits until the previously damaged sidewalk has been satisfactorily restored.

4)    Newsracks located in the public right-of-way shall only be placed upon the sidewalk or, in commercial areas, upon another surface approved by the Director. No newsrack may be placed on a parkway, planter strip or similar area designated for landscaping in a public right-of-way.

6.2.514 Restricted Newsrack Locations.

a.    No person shall install, stock, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public right-of-way, street, or which rests, wholly or in part, upon, along or over any portion of a roadway.

b.    No person shall install, stock, use or maintain any newsrack which, in whole or in part, rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public facilities purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicle traffic, including access for the disabled, bicycle access, the ingress into or egress from any residence, place of business or the use of poles, posts, traffic signs or signals, hydrants, postal service collection boxes or other objects permitted at or near said location.

c.    No newsrack shall be placed, installed, used or maintained:

1)    Within five feet of any marked crosswalk or within 15 feet of any unmarked crosswalk as measured from the curb return, or within five feet of any wheelchair curb ramp not in a marked crosswalk.

2)    Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.

3)    Within five feet of any driveway.

4)    Within five feet of any bus bench.

5)    Within 15 feet ahead of, and five feet to the rear of, any sign marking a designated bus stop, relative to the direction of bus travel. Newsracks seven feet from the curb, measured perpendicular to the roadway, are exempt from this limitation.

6)    At any location where the clear space or sidewalk space for the passage of pedestrians is reduced to less than four feet.

7)    In such a manner as to impede or interfere with the reasonable use of any building, the activity of any business or residence or the use of any commercial window display or sidewalk cafe.

d.    Park Areas. Newsracks in the public right-of-way shall not be located on the sidewalk abutting a City park.

e.    Residential Areas. Newsracks have traditionally not been placed in residential areas. The City Council finds and determines that placement of newsracks in residential areas is particularly sensitive because the sidewalks in residential areas are generally narrower than in commercial or industrial areas and are used extensively by residents of the area for child play areas, including riding bikes, roller-skating and similar activities. It is, therefore, appropriate to have special regulations in residential areas and, because ample opportunities typically exist at nearby commercial and industrial venues, greater restrictions in residential areas will not infringe upon the distribution of newsrack items.

1)    Except as herein provided, newsracks shall not be located in the public right-of-way adjacent to property developed for residential use. The Director shall permit the placement of newsracks adjacent to property developed for residential uses if the Community Development Director finds, based upon information provided in the application by the owner of the newsrack, that the newsrack cannot be alternatively placed in a commercial or industrial area within 2,000 feet of the proposed residential location and it meets the other requirements of this article.

6.2.516 Maintenance of Newsracks.

a.    Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. For example, without limitation, the newsrack shall be reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling or cracked paint; be reasonably free of rust and corrosion; have no broken or cracked plastic or glass parts; and have no broken structural parts.

b.    Each newsrack which requires a deposit of money to obtain the publication shall be equipped with a coin-return mechanism to permit persons using the machine to secure a refund in the event they are unable to receive the publication. The coin-return mechanism shall be maintained in good working order.

c.    Each person maintaining a newsrack under the terms of this article shall have his or her name, current address and telephone number (updated within 15 days of any changes) affixed to it in a place where such information will be readily visible and shall include such identification instructions on how to receive a refund in the event of a coin-return malfunction. The City-issued permit sticker shall be affixed to the rack near the door handle.

d.    Upon the removal of any newsrack, the public right-of-way shall be returned to its original condition, including, but not limited to, the repair of any damage that may have been caused by the installation or use of the newsrack.

e.    Abandoned newsracks may be removed from the public right-of-way or public property by a City employee and may be disposed of if not claimed by the permit holder within 30 days after the City has notified the owner in writing. Such notice shall state the code section violations, the length of time within which the violation must be cured, and the forum within which the owner may request a hearing to resolve the situation.

6.2.518 Abatement of Violations.

a.    A newsrack on public property or in the public right-of-way in violation of this chapter may be removed by a designated City employee of the City of Oakley if a violation of this article exists and is not corrected after the City has notified the permit holder pursuant to this section.

b.    Before any newsrack is removed by a City employee from public property or the public right-of-way, the owner shall be notified by a posting and mailing, where feasible, to the address for such party stated on the newsrack permit and given 15 days to remedy the violation and/or contest removal. If no identification is shown on the newsrack and no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient. Both forms of notice shall state the place to request a hearing to contest removal of the newsrack. The notice shall also indicate that if removed by the City, the newsrack will be stored at the City’s corporation yard for 30 days and then disposed of if left unclaimed, without further notice.

c.    Any person notified under this section may submit a written request for a hearing before the Community Development Director, which hearing shall be held not less than 15 business days after the request was made. The hearing shall be informal, but oral and written evidence may be offered by the owner, permittee and/or any interested party. Any action by the City with respect to the alleged violation shall be stayed pending the Community Development Director’s decision following the hearing, which decision shall be rendered no later than 15 business days after the hearing. The Community Development Director may give oral notice of the decision at the close of the hearing, but shall give written notice as well of all decisions. The applicant may file a written appeal of the decision to the City Manager within 15 days. Upon receipt of an appeal, the City Manager’s office shall, within 15 business days, notify the applicant of the date, time and place of the hearing. The City Manager or designee shall issue his/her decision in writing no later than 15 business days after the hearing. The decision of the City Manager or designee shall be final.

d.    The City may remove a newsrack from public property or the public right-of-way if:

1)    The person responsible for such newsrack has neither requested a hearing before the Community Development Director nor remedied the violation within 15 business days following the date of notice; or

2)    The person responsible for such newsrack has failed to remedy the violation within 15 business days after receiving a copy of the written decision of the Community Development Director that the newsrack was installed or maintained in violation of this article following a hearing conducted pursuant to this section;

3)    The newsrack has been abandoned.

e.    Newsracks removed or impounded by the City of Oakley shall be stored in the City’s corporation yard. Newsracks which are not claimed within 30 days shall be deemed permanently abandoned and may be disposed of by City, so long as City has given notice to the permit holder as specified in Section 6.2.516

f.    The person responsible for such newsracks shall pay an impound fee covering the actual costs to the City of transporting, storing and disposing of such newsracks, as established by Council resolution.

g.    Abatement hereunder is a nonexclusive remedy. The City may employ other remedies in law or equity to effect compliance.

6.2.520 Blinder Racks Required for Newsracks Displaying Adult Material.

a.    Newsracks located in public places, other than public places from which minors are excluded, and public property and City rights-of-way, and which display harmful matter to the public view, shall be equipped with devices commonly known as blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view.

b.    Newsracks located in public places, other than public places from which minors are excluded, and public property and City rights-of-way, and which display to the public view material depicting or describing specified sexual activities, as defined in this article, or which contain material depicting or describing specified anatomical areas, as defined in this article, where such picture, or illustration, or statement has as its purpose or effect sexual arousal, gratification or affront, shall be equipped with blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view.

6.2.522 Indemnification.

Each distributor: (i) installing, operating or maintaining a stand alone newsrack upon public property or within the public right-of-way; or (ii) using a publication insert in a modular newsrack in the City shall agree, prior to issuance of a permit, to indemnify, defend and hold harmless the City, its officers, officials, employees, agents and volunteers from any loss, liability, damage, claims, expenses or cost (collectively "Liability") sustained by any person or property, arising from the installation, operation, maintenance or use of such stand alone newsrack or publication insert, except such Liability caused by the sole negligence or willful misconduct of the City.

6.2.524 Amortization Requirements.

Every newsrack subject to the requirements of this article shall comply with said requirements within six months of the adoption of this article.

6.2.526 Violations.

A violation of this article shall be deemed a misdemeanor.

Article 6    MAINTENANCE AND REPAIR OF SIDEWALKS.

6.2.602 Definitions.

The following definitions apply this article:

a.    "Maintenance and repair of sidewalk area" includes, but is not limited to, maintenance and repair of surfaces including grinding; removal and maintenance of curb and gutters; removal of impervious paving materials from street tree planting strips, or other right-of-way landscape planters; removal of weeds and/or debris; tree root pruning and installing root barriers; trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs. Sidewalk areas shall be repaired and maintained so that they will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.

b.    "Sidewalk" shall have the same meaning as in Section 5600 of the California Streets and Highways Code, as it may hereafter be amended.

6.2.604 Maintenance and Repair of Sidewalks.

a.    Obligation to Repair Maintain. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.

b.    Preservation of Public Street Landscaping. All existing public street landscape planters shall be retained and preserved for the purpose of providing live landscaping along the frontages of City streets, unless City-approved plans for the public right-of-way provide otherwise. To this end, covering paving, sealing, or filling of public landscape planter areas with impervious materials shall be prohibited. Failure to comply with this section shall be deemed a violation of this article. When, during the course of a development project, it is necessary to remove or reconstruct public street improvements (i.e. curb, gutter, sidewalk), such improvements shall be reconstructed to preserve or reestablish any shall previously existing landscape planter. Existing street trees and other landscaping shall be preserved to the extent possible, or new landscaping installed to the satisfaction of the City Engineer. Subsequent to adoption of this article, any unauthorized work conducted within the public right-of-way landscape areas shall be brought into conformance with the intent and provisions of this article, and other applicable provisions of the Code pertaining to encroachments on City property and destruction of public landscaping. Such unauthorized work shall constitute a violation of this article and is punishable as an infraction subject to provisions set forth under Chapter 1.5 of this Code. The City shall further require removal of any impervious material installed, and restitution of any previously existing landscaping.

c.    Driving on or over a sidewalk is both illegal and dangerous. Unless a person is either crossing a sidewalk when entering a parking lot, or leaving or entering a driveway to and from a home, no one is permitted to drive a vehicle on or over the sidewalk. Sidewalks are for pedestrian use only per California Vehicle Code Section 21663. Any property owner who damages the curb, gutter, and sidewalk, as a result of illegally driving over a sidewalk or ADA ramp, shall not be allowed to participate in the City’s 50-50 Curb, Gutter, and Sidewalk Replacement Cost Sharing Program.

(Sec. 5, Ordinance No. 12-18, adopted August 14, 2018)

6.2.606 Recovery of City’s Cost of Sidewalk Maintenance and Repair.

Anything in this section to the contrary notwithstanding with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the City may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the State as the same is now in effect or may hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks, The required maintenance and repairs of sidewalk area must commence within 30 days of notification. Costs recoverable by the City may include a charge for the City’s costs of inspection and administration whenever the City awards a contract for such maintenance and repair of the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments.

6.2.608 Liability for Injuries to Public.

The property owners of lots or portions of lots fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lots and street lie, and ay persons in possession of such lots by virtue of any permit or right, shall owe a duty to members of the public to keep an maintain the sidewalk area in a area and nondangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a nondangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner or possessor to maintain or repair the sidewalk areas as required by this article, the property owner or possessor of property shall be liable to such person for the resulting damages or injury.

6.2.610 Notice.

a.    Notice of Ordinance. Within 60 days of the effective date of this section, the City Manager shall print a letter within a newspaper of local circulation informing the community that property owners and tenants are required to maintain and repair sidewalks upon their property, or shall provide similar notice in a manner designed to inform City property owners and residents of the effect of this section.

b.    Notice of Repair. Whenever a portion of the sidewalk needs repair or endangers the public’s use of such sidewalk, the person whose job it is to maintain streets shall notify the owner and person in possession that such sidewalk needs repair. If the owner does not fix the sidewalk within 30 days, the City will fix the property and all costs may become a lien upon the property, pursuant to Section 6.2.606.