Chapter 12.14


12.14.010    Maintenance and repair of sidewalks.

12.14.020    Liability for injuries to public.

12.14.030    Superintendent of streets.

12.14.040    Work performance—Superintendent of streets authority.

12.14.050    Advancement of costs of work.

12.14.060    Notice of cost and hearing by council.

12.14.070    Conference with superintendent of streets.

12.14.080    Hearing by city council.

12.14.010 Maintenance and repair of sidewalks.

A.    Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 Division 7, Part 3, of the Streets and Highway Code of the state and this Chapter 12.14, the provisions of Chapter 12.14 shall control.

B.    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 parking strips, sidewalks, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and lay the costs and expenses therefor, including a charge for the city’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection (A) of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

C.    For the purposes of this chapter, maintenance and repair of sidewalks area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, removal and filling or replacements of sidewalks, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning, 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 parking strips, so that the sidewalk area will remain in a condition which will not interfere with the public convenience in the use of said sidewalk area.

D.    Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the Public Works director may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed seventy-four days from the time the notice referred to in said Section 5614 is given. (Ord. 521 (part), 1995).

12.14.020 Liability for injuries to public.

The property owner required by Section 12.14.010 to maintain and repair the sidewalk area, shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by Section 12.14.010, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. 521 (part), 1994).

12.14.030 Superintendent of streets.

For the purposes of this chapter only, the public works director of the city or his authorized representative shall be deemed to mean the public works superintendent as to any activities conducted by that department pursuant to this chapter. (Ord. 521 (part), 1994).

12.14.040 Work performance—Superintendent of streets authority.

In performing the work of repairing or constructing any sidewalk as provided in Chapter 22 of Division 7, Part 3 of the streets and highways code of the state, the public works director may, if the cost of said work does not exceed five thousand dollars:

A.    Procure at least three sealed bids to perform said work, from contractors licensed to undertake the same, and let said work to the lowest responsible bidder at the prices named in his bid; or

B.    Order a city work crew to perform said work. (Ord. 521 (part), 1994).

12.14.050 Advancement of costs of work.

The public works director is authorized and empowered to and may advance from the streets maintenance fund, any sum or sums necessary to pay the cost of the work of repairing or constructing any sidewalk by a contractor awarded a contract to perform said work under the procedures set forth in this chapter, and may reimburse said streets maintenance fund for the sum or sums so advanced from any assessment thereafter levied and collected. (Ord. 521 (part), 1994).

12.14.060 Notice of cost and hearing by council.

Upon the completion of the repairs or construction, the public works director shall cause notice of the cost of the repairs or construction to be given in the manner specified in Chapter 22 (Repair) of Division 7, Part 3, of the Streets and Highways Code of the State of California, as the same is now in effect or may hereafter be amended, for the giving of notice to repair or construct. The notice shall specify the day, hour and place when the city council will hear and pass on the report of the costs of the repair, together with any written objection or protests which may be raised by any property owner liable to be assessed for the cost of such repair or construction and any other interested persons. The notice shall also describe the procedures to be followed for such written objection or protests. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice. (Ord. 521 (part), 1994).

12.14.070 Conference with superintendent of streets.

The public works director may include with the notice of cost and hearing, as specified in Section 12.14.060 hereinabove, additional notice of a conference with the public works director. The conference, which may be scheduled by the director upon receipt of the written objection or protest, specified in Section 12.14.060, shall be conducted prior to the council hearing for the purpose of discussion of the repair bill. Upon the conclusion of the conference, the director shall note his conclusions in the report together with any recommendations for adjustment of the costs of repair. (Ord. 521 (part), 1994).

12.14.080 Hearing by city council.

The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the director, together with any written protests or objections, which have not been withdrawn prior to the hearing, from property owners liable to be assessed for the work of making such repair in accord with the procedure provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code. (Ord. 521 (part), 1994).