1 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 14.12.010 (MAINTENANCE OF SIDEWALKS AND
PARKWAYS) OF THE CITY OF CATHEDRA L CITY
MUNICIPAL CODE
WHEREAS, in order to ensure the public health and safety of pedestrians and cyclists within the City and in accordance with California Streets and Highways Code Section 5610, the City of Cathedral City wishes to amend Chapter 14.12 of the Municipal Code regarding the responsibility and liabilities of abutting property owners concerning the maintenance and repair of sidewalks and parkways.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. AMENDMENT OF MUNICIPAL CODE
Chapter 14.12 (Maintenance of Sidewalks and Parkways) of the City of Cathedral City Municipal Code is hereby amended and restated in its entirety to read as shown on Exhibit “A”, attached hereto and incorporated herein by this reference.
SECTION 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislat ion, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 3. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it is merely the formation of an organization. (14 Cal. Code Regs. § 15378(a).) SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its final passage.
SECTION 5. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be 2 published in the manner required by law using the alternative sum mary and posting procedure authorized under Government Code Section 39633(c).
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
INTRODUCED at the regular meeting of Cathedral City City Council on the ___ day of _______________, 2022.
Ernesto Gutierrez, Mayor
ATTEST:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
3 EXHIBIT “A”
Chapter 14.12 – Maintenance of Sidewalks and Parkways
14.12.010 - Duty to maintain.
A. Pursuant to California Streets and Highways Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall repair and maintain the sidewalk, including any parkway area between the sidewalk and the street line, in a safe and nondangerous condition at the owner’s cost and expense. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the City has notified the owner of the need for such repair and maintenance or had performed similar maintenance or repairs in the past. The duty to repair shall include the repair of damage caused by any force(s) including, without limitation, damage caused by trees planted within the public right-of-way or adjacent private property.
B. Repair and maintenance of the sidewalk shall include the removal of any condition that endangers any person in the use of the sidewalk and includes, but is not limited to: (1) irrigation, as necessary, and trimming of any grass, trees, tree roots, shrubs or other vegetation within the parkway area; (2) keeping the sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material; (3) grinding and/or replacement of sidewalk panels to remove any vertical displacements greater than one-half inch between the edges of cracks.
C. The term “sidewalk,” as defined by Streets and Highways Code Section 5600, includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, retaining walls or other works for the pro tection of any sidewalk or any such parkway or parking strip.
14.12.020 - Liability for injuries to public.
Any owner required by section 14.12.010 to repair and maintain any portion of a sidewalk shall owe a duty to members of the general public, including travelers on the sidewalk area, to repair and maintain the sidewalk area in a safe and nondangerous condition. It shall be a violation of this ch apter for any owner to fail to perform the duties and obligations established by section 14.12.010 or to perform such duties and obligations in a n egligent manner. If any person suffers personal injury or damage to property as a result of the failure of any owner to maintain any sidewalk in a safe and nondangerous condition as required by section 14.12.010, the owner shall be directly liable to such person for the resulting injury or damages. The City shall have a cause of action for indemnity against any owner for any damages, including withou t limitation attorneys’ fees, costs, any judgments, awards or settlement proceeds it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the o wner to maintain the sidewalk in accordance with the requirements of this chapter.
4 14.12.030 - Notice to repair.
A. When any portion of the sidewalk or the ar ea between the property line and the street line is out of repair and in condition to endanger persons or in condition to interfere with the public convenience in the use of such sidewalk or area, the city engineer, code enforcement officer or other representative of the city manager shall issue a notice to repair. Such notice shall notify the owner or person in possession of the property fronting on that portion of such sidewalk or area in need of repair or maintenance, to repair and maintain the sidewalk or area between the property line and the street line. Notice shall be given as specified in Streets and Highways Code Sections 5610 through 5618, inclusive. Repairs subject to such notice shall include deterioration of the sidewalk itself, where the condition of the sidewalk constitutes a safety hazard raising or lowering of the grade of any slab or slabs thereof, deterioration of plant materials due to lack of watering, lack of trimming, or improper maintenance of the trees, shrubs, grass or other vegetat ion, or the presence of any accumulation of sand, gravel, blow sand, debris or other material which endangers persons or property, or interferes with the public convenience in the use of the sidewalk. A city permit, to be issued without a fee, shall be req uired to make any repairs to the physical condition of the sidewalk itself.
B. Notice shall not be given to the owner or person in possession when the condition is known by the city to have been caused by a public entity or a utility company or other part y making repairs under an easement, license or encroachment permit if such easement, license or encroachment permit has been issued by the city; in such event, the duty to repair or maintain shall be on that person or entity holding such an encroachment permit. (Ord. 366 § 3, 1992; Ord. 261 § 1, 1989)
14.12.040 – Repairs and Collection of costs.
As specified in Streets and Highways Code Sections 5615 through 5618, inclusive, if the owner or person in possession fails to make the improvements or repairs required, the city may make such improvements and proceed to enforce collection of the costs thereof, using the procedures specified in those sections of the state law, and in Streets and Highways Code Sections 5625 through 5629, inclusive. When the condition is caused by a public entity or a utility company or other party making repairs under easement, license or encroachment permit issued by the city, the city manager shall take action to have the responsible entity make the repairs, or pay the costs thereof. (Ord. 366 § 4, 1992; Ord. 261 § 1, 1989)