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 m aintenance 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 protection of any sidewalk or any such parkway or parking strip.
14.12.020 Liability for injuries to public. [PROPOSED]
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 chapter 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 negligent 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 without 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 owner to maintain the sidewalk in accordance with the requirements of this chapter.
14.12.030 Notice to repair. (renumbered – No Changes)
A. When any portion of the sidewalk or the area 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 repai r 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 Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS
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 vegetation, 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 required 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 bee n caused by a public entity or a utility company or other party 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 sha ll be on that person or entity holding such an encroachment permit. (Ord. 366 § 3, 1992; Ord. 261 § 1, 1989)
14.12.040 Repairs—Collection of costs. (Renumbered – No Changes) 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)