Chapter 8 — SIDEWALK MAINTENANCE AND REPAIR

Section

7-8.01 Definitions

7-8.02 Maintenance and repair of sidewalks

7-8.03 Liability for injuries to public

7-8.04 Persons in possession

7-8.05 Joint owners

7-8.06 Assessments on property

For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

OWNER. The owner of a lot or portion of a lot fronting the sidewalk area who has a duty pursuant to Cal. Sts. and High. Code Ch. 22 of Part 3 of Div. 7 to maintain and repair that sidewalk area.

PROPERTY. The lot or portion of a lot fronting the sidewalk area.

SIDEWALK AREA. The area between the property line and the street line, including a park or parking strip, curbing, bulkheads, retaining wall or other works for the protection of any sidewalk or of any such park or parking strip.

(Ord. 2036-C-S, passed 1-26-10)

(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 costs and expenses of such maintenance and repair may be done and the proceedings followed in accordance with Cal. Sts. and High. Code Ch. 22 of Part 3 of Div. 7.

(B) The owner is responsible for the maintenance and repair of the sidewalk area and shall pay the cost and expense of repair and maintenance, including any charge by the city for inspection and administration and costs of collection of assessments and handling of any lien placed on the property due to failure of the owner to promptly pay such assessments per § 7-8.06.

(C) Maintenance and repair of the sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removing and replacing sidewalk, repairing and maintaining curb and gutters, removing and filling or replacing parking strips, removing of weeds and/or debris, maintaining signs allowed under the Antioch Municipal Code, tree root pruning and installing of root barriers, trimming shrubs and/or ground cover and trimming shrubs in area within the sidewalk area so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk area in a reasonable manner and which will not interfere with the public convenience in the use of the sidewalk area.

(Ord. 2036-C-S, passed 1-26-10)

The owner shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of owner to maintain the sidewalk area in a non-dangerous condition as required by § 7-8.02, any person suffers injury or damage to person or property, the owner shall be liable to such person for the resulting damages or injury.

(Ord. 2036-C-S, passed 1-26-10)

If the owner is not the person in possession of the property, then the responsibilities, duties and liabilities imposed by this chapter are also imposed on the person in possession of the property.

(Ord. 2036-C-S, passed 1-26-10)

If more than one party is an owner, then the responsibilities, duties and liabilities established by this chapter are joint and several as to each party.

(Ord. 2036-C-S, passed 1-26-10)

If the owner fails to maintain or make repairs to the sidewalk area after notice provided pursuant to Cal. Sts. and High. Code Ch. 22 of Part 3 of Div. 7, then the city may undertake such maintenance and repairs and confirm and collect assessments for the costs and expenses of such maintenance and repair as set forth in Cal. Sts. and High. Code Chapter 22, including but not limited to placing a lien on owner's property, having the assessment placed on the property tax rolls or any other method of collection legally available to the city.

(Ord. 2036-C-S, passed 1-26-10)