Beaumont Municipal Code Ch. 12.30 Maintenance and Repair of Sidewalks

Footnotes:

--- (2) ---

Editor's note— Ord. No. 1065, § 1(Exh. A), adopted Jan. 5, 2016, amended Ch. 12.30 in its entirety to read as herein set out. Former Ch. 12.30, §§ 12.30.010—12.30.150, pertained to similar subject matter, and derived from Ord. No. 879, § 1, adopted April 5, 2005.

The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The persons required by Section 12.30.010 to maintain and repair the sidewalk area shall owe a duty to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner or person in possession of such property to maintain the sidewalk area in a non-dangerous condition as required by Section 12.30.010, any person suffers injury or damage to person or property, the owner or occupier shall be liable to such person for the resulting damages or injury.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

When the City becomes aware that any portion of the sidewalk area is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience and the use of such sidewalk area, the Superintendent of Streets or "Director" shall notify the owner or person in possession of the property fronting on that portion of such sidewalk area so out of repair, to repair the sidewalk area.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk area so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the City or the County of Riverside or to the name and address of the person owning such property as shown on the records of the office of the City Clerk.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The postal card shall contain a notice to repair the sidewalk area so out of repair, and the Director shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches × ten inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the Director may, but not less than seven days nor more than ten days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice" to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this Chapter, but shall not extend the time for commencing repairs specified in Section 12.30.060.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The notice shall particularly specify what work is required to be done, and how it is to be done, and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the Director may make such repair, and the cost of the same shall be a lien on the property.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the Director may forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll, or as shown in the records of the office of the City Clerk, the Director may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The Director shall have the power to prescribe the form of the written request. The cost of repair work done by request pursuant to this Section shall be a part of the cost of repairs for which, pursuant to this Chapter, subsequent notices are given, hearings are held and assessment and collection procedures are conducted.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The notice may be appealed as an administrative citation pursuant Beaumont Municipal Code Chapter 1.17.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The cost of the repair may be assessed by the City against the parcel of property fronting upon the sidewalk upon which such repair was made, and such costs so assessed, if not paid within 15 days after an invoice is sent, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The Director may file a lien in the office of the County Record of the County of Riverside.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

From and after the date of recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the City to enforce payment of the lien. If any such lien is not paid the City may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under the Improvement Act of 1911 (Streets and Highways Code, Section 5000 et seq.).

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

As an alternative method of collection of the amount of the lien, the Director, after confirmation of the report of the Director, may order the notice of lien to be turned over to the Riverside County Auditor, who shall enter the amount thereof on the County Assessment Book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the Riverside County Auditor before the date fixed by law for the delivery of the Assessment Book to the Riverside County Board of Equalization.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)

The City Manager may, in its discretion, determine that the payment of assessments of $100.00 or more may be made in annual installments, not to exceed five, and that the payment of assessment so deferred shall bear interest at six percent per year on the unpaid balance. Interest shall begin to run on the thirty-first day after the confirmation of the assessment. In the event any installment is not paid when due, the entire balance of the assessment shall become due and payable and shall be collected either by way of a foreclosure action or added to the property tax bill.

(Ord. No. 1065, § 1(Exh. A), 1-5-2016)