AGENDA
ITEM
8 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
8 CITY COUNCIL
AGENDA STAFF REPORT
DATE: February 18, 2026
TO: Mayor and City Council
APPROVED BY: Benjamin A. Martinez, City Manager n
PREPARED BY: Michael Coyne, Planning & Buding Directl
SUBJECT: Introduction and First Reading by Title Only of an Ordinance of the City Council of the City of Calexico, California, Adding Chapter 12.06 to the City of Calexico Municipal Code Establishing Property Owner Responsibilities for the Maintenance of Sidewalks, Parkways and Trees and Shrubs in the Public Rights-of-Way ===
Recommendation:
Introduce and Waive First Reading by Title Only of an Ordinance of the City Council of the City of Calexico, California, Adding Chapter 12.06 to the City of Calexico Municipal Code Establishing Property Owner Responsibilities for the Maintenance of Sidewalks, Parkways and Trees and Shrubs in the Public Rights-of-Way
Background:
Under California law, property owners are responsible for the maintenance of sidewalks and any landscape strips in the right-of-way adjoining their property. The law is codified in Streets and Highways Code Section 5610, which states:
"The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto." Many cities have adopted local implementing ordinances to adequately enforce Streets and Highways Code Section 5610 and ensure property owners adhere to State law. Many property owners are under the perception that the duty to repair sidewalks and maintain trees and shrubs in parkway areas rests solely on the City. The proposed ordinance will ensure that there is a clear legal requirement at the local level for property owners within the City to repair and maintain the sidewalks and landscape areas in the right-of-way adjacent to their property.
The proposed ordinance would also supplement existing Calexico Municipal Code Section 12.08.020, which requires "[e}very occupant, or owner, of the ground level portion of a building in a business district or commercial zone of the city ... to maintain the sidewalk or an alley adjacent to his portion of the building in a clean and unobstructed condition, clear of all litter or debris of any nature." If adopted, the proposed ordinance would require that all businesses within the City provide waste receptacles near their main customer entrance within the interior of their businesses, where customers can adequately discard of any waste originating from said businesses, including all cardboard and packaging waste, as to not allow such waste to litter adjoining sidewalks and impede safe pedestrian travel therethrough.
Discussion and Analysis:
Maintaining sidewalks in a safe condition, free of litter and with adequately trimmed trees and shrubs, allows for the proper passage by pedestrians, enhancing the City's connectivity between businesses and neighborhoods, while also beautifying the City. The proposed ordinance will provide an additional enforcement tool to the City to ensure that property owners are adequately maintaining their property's frontages.
The proposed ordinance would be implemented by Code Enforcement in coordination with the Public Works Department, in accordance with City's administrative citation procedures as set forth in Chapter
1.27 of the Calexico Municipal Code. Current Code Enforcement policy is to issue property owners up to two written notices of violation, which are warnings to correct a violation that do not carry a fine. Code Enforcement provides for a reasonable period of time to correct the violation, usually 30 days, depending on the type and severity of the violation, with the goal of achieving compliance from the property owner before issuing any fines. If compliance is not achieved in a timely manner, Code Enforcement will issue the property owner successive administrative citations, which are penalties that carry incremental fines of $150 for the first citation, $300 for the second citation, $500 for the third citation, and $1,000 for any additional citation, until the violation has been corrected and compliance is achieved.
Although the proposed ordinance will clearly establish that all property owners are responsible for maintaining sidewalks and landscape strips along their properties, as in many cities, the City may included in the City's capital improvement program.
Environmental Review
Staff recommends that the City Council find that the proposed ordinance is not subject to the California Environmental Quality Act because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment (Sections 15060(c)(2) and (3)).
Fiscal Impact:
The proposed Ordinance will not have a direct fiscal impact on the City.
Coordinated With: Carlos Campos, City Attorney
Jesus Villegas, Public Works Director
Armando Orozco, Police Chief
Attachments):
1. Draft Ordinance
ATTACHMENT NO. 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, ADDING CHAPTER 12.06 TO THE CITY OF CALEXICO MUNICIPAL
CODE ESTABLISHING PROPERTY OWNER RESPONSIBILITIES FOR THE
MAINTENANCE OF SIDEWALKS, PARKWAYS AND TREES AND SHRUBS IN THE
PUBLIC RIGHTS-OF-WAY
WHEREAS, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, FINDS THAT:
1. The City of Calexico, California ("City") is a municipal corporation, duly organized under the laws of the State of California; and
2. The California Streets and Highways Code, Section 5610 et. seq., assigns the responsibility of maintaining sidewalks in such a condition that will not endanger persons or property and provide safe and clear paths of travel for all individuals to the adjacent or fronting property owner; and
3. Well-maintained sidewalks, parkways, and trees are critical to safety, accessibility, environmental sustainability, economic vitality, community aesthetics, and the public health, safety and welfare; and
4. The City of Calexico Municipal Code standards are intended to maintain public health, safety, and quality of life for the City's residents; and
5. Chapter 12.06 will clearly establish property owner responsibilities for the maintenance of adjoining sidewalks, parkways, and trees and shrubs in the public rights-of-way, including the duty to maintain adjoining sidewalks free of trash and litter originating from businesses on adjacent properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Addition of Title 12, Chapter 12.06 "PROPERTY OWNER RESPONSIBILITIES" - Chapter 12.06 of the Calexico Municipal Code is hereby added to read as follows:
"Chapter 12.06 - PROPERTY OWNER RESPONSIBILITIES
12.06.010 - Maintenance and Repair of Sidewalks and Landscaping in Rights-of-Way.
A. Pursuant to Streets and Highways Code Section 5610, it is the duty and responsibility of all property owners to maintain the grounds of sidewalks, parkways, and maintenance strips within the public right-of-way along the owner's property between the property line of the adjoining property and the street line, regardless of whether such property is developed.
Property owners are responsible for watering trees growing in public rights-of-way. The owner of any property has the primary and exclusive duty to perform maintenance of any sidewalk, parkway, or maintenance strip along the owner's property, regardless of whether the City has notified the owner of the need for such maintenance or has performed similar maintenance in the past. The property owner shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition.
B. Maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, 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 parking strips and curbs, so that the sidewalk area 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. It shall be the responsibility of the property owner to obtain any required encroachment permits) from the Public Works Department for work within the public right-of-way.
C. It is the duty and responsibility of every person owning or occupying any real property within the City of Calexico, to keep all trees on that property trimmed in such a manner that meets City of Calexico clearance standards for any street, alley, and sidewalk. It is also the duty and responsibility of every person owning or occupying any real property within the City of Calexico to keep all trees and shrubs on that property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that traffic sign or device.
D. Property owners having trees or shrubs growing on public rights-of-way must maintain these trees and shrubs to a reasonable standard of care. Reasonable care ensures that trees and shrubs growing on public rights-of-way do not block pedestrian visibility; do not obstruct street clearance requirements; do not obstruct sidewalk clearance requirements; do not obstruct traffic signals or signs; do not grow into overhead utility lines; and do not allow tree root structures to undermine sidewalks, curbs, gutters, adjacent roadways, and underground utilities such as water and sewer lines. Street clearance is defined as a minimum of 13 feet, six inches from the lowest branches to the street. Sidewalk clearance is defined as a minimum of eight feet from the lowest branches to the sidewalk.
12.06.020 - Duty to Maintain Waste Receptacles.
All businesses within the City where a customer may need to discard of waste originating from said businesses, including, but not limited to retail establishments, restaurants, offices and parcel delivery businesses, shall provide (an) adequately sized waste receptacle(s) near the main customer entrance within the interior of each subject business, where customers can adequately discard of any waste originating from said businesses, including all cardboard and packaging waste, as to not allow such waste to litter adjoining sidewalks and impede safe pedestrian travel therethrough.
12.06.030 - Liability for Injuries to Public.
The property owner required by Section 12.06.010 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 12.06.010, 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.
12.06.040 - Enforcement and Penalties.
Property owners who do not comply with this chapter may be cited by a city police officer or city code enforcement officer. Violations of this chapter may be enforced pursuant to the administrative citation procedure in Chapter 1.27 of this code. A violation of this chapter for thirty days or more shall constitute a public nuisance and is a misdemeanor violation subjecting the property owner to the general penalty section of this municipal code. In such event the city may remedy the violation(s) at the property owner's expense. Any unpaid expense of the city in this regard shall become a lien against the property.
SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 4. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
PASSED, ADOPTED, AND APPROVED at a regular meeting of the City Council of the City of Calexico, California on the 4"h day of March 2026, by the following vote:
Victor Legaspi, Mayor
ATTEST:
Veronica Luna-Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
STATE OF CALIFORNIA
COUNTY OF IMPERIAL ) SS
CITY OF CALEXICO )
1, Veronica Luna-Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Calexico held on the 4th day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Veronica Luna-Alvarado, City Clerk