Anaheim Municipal Code Ch. 12.29 Repair of Sidewalks — Provision for Allocation of Cost

The owner of any property on which is situated a tree which causes an adjacent City-owned sidewalk to become cracked, uplifted or depressed due to growth of roots or other material below or next to the sidewalk shall be responsible for repair of the damaged sidewalk and, if necessary, removal of the tree. (Ord. 4854 § 1 (part); July 28, 1987.)

The City department responsible for maintenance and repair of sidewalks, when aware of such a condition, shall notify the property owner of the requirement to repair the sidewalk, removal of the roots or other cause of damage and, if necessary, either removal of the tree or execution and recordation of an unsubordinated covenant in a form approved by the City Attorney indemnifying and holding the City harmless from any injury or damage caused by the tree including weakening of the tree due to root removal. (Ord. 4854 § 1 (part); July 28, 1987.)

If following notification by the appropriate City department, the property owner fails to correct the condition within the time specified in the notice, the City may repair the sidewalk and take all other necessary actions to correct the condition. The property owner shall pay for the cost of repair; the calculations of the Director of Public Works as to the cost of such repair work undertaken by the City under the provisions of this chapter shall be final and conclusive. (Ord. 4854 § 1 (part); July 28, 1987; Ord. 5855 § 36; April 29, 2003.)