Belvedere Municipal Code Ch. 13.24 Repair and Construction of Sidewalks

Sections:

• 13.24.010 Definitions. 13.24.015 Maintenance and repair of sidewalk area.

• 13.24.017 Liability for injuries to public.

• 13.24.020 Necessity—Order by City Manager.

• 13.24.030 Investigation and report by Public Works Director.

• 13.24.040 Required work—Notice.

For the purpose of this Chapter the following terms are defined.

• A. “City” means the City of Belvedere.

• B. “Council” means the City Council of the City of Belvedere.

• C. “Curb” means edging built along a street.

• D. “Gutter means a low area at the side of a street carry off surface water.

• E. “Owner” means any person, firm, or corporation listed as owner of real property on the tax rolls of the City, or an agent or representative of same, or the person, firm or corporation as shown in the records of the office of the City Clerk to be the owner of the property.

• F. “Sidewalk area” is that portion of a public street between the gutter line and property line.

• G. “Sidewalk” is that portion of the sidewalk area improved with a pedestrian walk made of installed concrete, stone, brick or other similar materials. (Ord. 2006-2 § 1, 2006; Ord. 85-7 § 1, 1985.)

The owner or owners of the property abutting any sidewalk area, and persons in possession of such property by virtue of any permit or right, shall repair and maintain the sidewalk curb, and gutter, and any other improvements in such sidewalk area, including the repair and correction of any hazards or defects located therein or thereon, and shall pay the cost and expense thereof. (Ord. 2006-2 § 2, 2006; Ord. 85-7 § l, 1985.)

The property owner required by Section 13.24.015 to maintain and repair any sidewalk, curb, gutter or other improvements in the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk, curb, and gutter in a safe and nondangerous condition, according to the criteria for assessing sidewalk condition set forth in the City’s Sidewalk Maintenance Policy. If, as a result of the failure of any property owner to maintain the sidewalk, curb and gutter in a nondangerous condition as required by Section 13.24.015, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. 2006-2 § 3, 2006.)

The City Manager may order the Public Works Director to make a complete study of the situation when the City Manager—whether on his own initiative, or on report or complaint of a resident of the City, or on advisement by the Public Works Director—becomes aware that conditions exist in any sidewalk areas in the City which require repairs or construction in order to protect the health and safety of the citizens of the City, or to protect the investment made in improvements by the City. (Ord. 2006-2 § 4, 2006; Ord. 85-7 § 1, 1985.)

The Public Works Director shall investigate the situation, interview the owners, and devise a plan incorporating his findings. The Public Works Director shall estimate the work necessary to replace or repair the sidewalk, curb, gutter or other improvements in the sidewalk area, together with estimated costs thereof, and submit to the City Manager a report on the status, feasibility, need, and cost with a recommendation for disposition of the project. (Ord. 2006-2 § 5, 2006; Ord. 85-7 § 1, 1985.)

A. In the event the City Manager decides that certain repairs or construction are required in any sidewalk areas to protect the health and safety of the citizens of the City or the investment made in permanent improvements on any street or alley in the City, the City Manager shall cause notice to be given in writing to the owner or owners of the property abutting the sidewalk area where the work is required to be done. The notice shall be substantially in the following form:

NOTICE TO (REPAIR) (CONSTRUCT)

The owner of the property described as follows: ,commonly known as _____________ , is hereby order to (repair) (construct) the _________________in front of or abutting said property in accordance with specifications outlined in Chapter 13.24 of the Belvedere Municipal Code, said specifications being on file in the office of the City Clerk, and to make written arrangement to commence such work within thirty days after date hereof, and diligently and without interruption prosecute it to completion within fourteen days.

If the work herein indicated is not so commenced or an extension therefor is not granted by the Public Works Director, the Public Works Director shall cause the work to be done and the cost thereof, including incidentals, will be made a lien upon said property as provided by law.

Dated this day of ______, 20 , at Belvedere, California.

City of Belvedere

By_____________________ Public Works Director

B. One copy of such notice shall be sent by regular mail, attested to by a written and signed proof of service, 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 County assessment roll as provided to the City on an annual basis by the County Assessor/Recorder, or to the name and address of the person owning such property as provided to the City in writing by the property owner. (Ord. 2006-9 § 5, 2006; Ord. 2006-1 § 6, 2006; Ord. 85-7 § 1, 1985.)

Unless the repairs or construction required, as stated in the notice, are commenced within thirty days from the date of notice and completed within fourteen days once commenced (Saturdays and Sundays excluded), or within any extension of time as may be granted by the Public Works Director, the Public Works Director shall forthwith proceed with the repairs or construction as specified in the notice. (Ord. 2006-1 § 7, 2006; Ord. 85-7 § 1, 1985.)

Where the Public Works Director proceeds with the repairs or construction as provided in this Chapter, he shall on completion thereof prepare an itemized statement of all charges in connection therewith and mail the same by regular mail to the owner of the property in the manner specified in Section 13.24.040B of this Chapter. Said notice shall also specify the day, hour and place when the City Council will hear and pass upon a report by the Public Works Director of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. (Ord. 2006-9 § 6, 2006; Ord. 2006-2 § 8, 2006; Ord. 85-7 § 1, 1985.)

Upon the completion of the repair, the Public Works Director shall prepare and file with the City Council a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the charges against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. (Ord. 2006-2 § 9, 2006; Ord. 85-7 § l, 1985.)

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Public Works Director, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the City Council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearing from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (Ord. 2006-2 § 10, 2006.)

A. The cost of the repair may be assessed by the City Council against the parcel of property fronting upon the sidewalk area upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the City Council as set forth in Section 13.24.080, 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

B. The Public Works Director shall file a Notice of Lien with the County Recorder. The notice of lien shall be substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Chapter 13.24 of the Municipal Code of the City of Belvedere, I did, beginning on or about the ___ day of ___, 20, cause the ____________ in front of, or abutting, the real property hereinafter described to be (repaired) (constructed) and on the ____ day of ____, 20, did mail to the registered owner of said property an itemized statement of the charges therefor, and the same has not been paid to this date, or any part thereof. Therefore, the City of Belvedere does hereby give notice of its lien against the said described real property in the sum of ______ Dollars, representing the total charges, penalties, and fees included, and the same shall be a lien upon said real property until said charges have been paid in full and discharged of records.

The real property hereinabove mentioned is that certain parcel of land lying within the City of Belvedere, County of Marin, State of California, described as follows, to wit:

(Description)

Dated this ____ day of _____ , 20__, at Belvedere, California.

CITY OF BELVEDERE

By_______________________ Public Works Director Approved as to content:

---

City Manager

C. On the date of filing such Notice of Lien, the Public Works Director shall also cause to be mailed to the owner of the described real property a copy of such notice. Such notice shall be mailed in the manner specified in Section 13.24.040B of this Chapter. (Ord. 2006-2 § 11, 2006; Ord. 85-7 § l, 1985.)

It shall be the duty of the City Clerk to keep among the official records of the City affidavits attesting to the mailings provided for in this Chapter. No error in the name or address and no failure to receive a copy of the notices mailed as provided in this Chapter shall affect in any manner the validity of the procedure or of any lien imposed hereunder. (Ord. 2006-2 § 12, 2006; Ord. 85-7 § l, 1985.)

At the same time as the Notice of Lien is delivered to the County Recorder, it shall also be delivered to the County Tax Collector who shall thereupon record the amount of such charges on the assessment books for City taxes against the respective parcels, and thereafter the amount so recorded shall be collected in the same manner and at the same time and subject to the same additional penalties and charges as provided for general City taxes. (Ord. 2006-2 § 13, 2006; Ord. 2006-2 § 13, 2006; Ord. 85-7 § l, 1985.)

The amount of any charge of any portion of the amount of any charge made a lien on property pursuant to the provisions of this Chapter:

• A. Which has been or shall be paid more than once; or

• B. Which has been or shall be erroneously or illegally collected; or

• C. Where an amount in excess of the amount chargeable has been or shall be paid; or

D. Where the amount charged was not chargeable to the person or the property of the person paying the same under the provisions of this Chapter by reason of a mistake or clerical error of the officers or employees of the City, shall be refunded to the person entitled thereto by order of the City Manager in the same manner provided by law for the refunding of payment of general City taxes. (Ord. 85-7 § 1, 1985.)

No charge or any act relating to such charge or the collection of the same under the provisions of this Chapter shall be illegal on account of informality or because the same was not completed within the time required by law. (Ord. 85-7 § 1, 1985.)

It is unlawful for any person, firm, or corporation to lay down or construct, remove, alter, repair, or cause to be laid down or constructed, removed, altered, or repaired any sidewalk, curb, wall, driveway, or stairs on the public streets of the City without first having obtained a permit so to do, in writing, from the building official. (Ord. 85-7 § l, 1985.)

Whenever it is necessary in laying down, constructing, or repairing any sidewalk, curb, wall, or stairs on the public streets of the City to remove any portion of earth for such purpose, it shall be the duty of the person, firm, or corporation doing the work, prior to the completion thereof, to dispose of the earth so removed either by depositing the same on the property of the owner in front of whose property the work is done or by depositing it upon the property of someone else, whose permission and consent so to do has been first had and obtained, unless other disposition thereof should be ordered by the building official. (Ord. 85-7 § 1, 1985.)

It shall be the duty of every person, firm, or corporation engaged in the laying down, constructing, or repairing of any sidewalk, curb, wall, driveway, or stairs on the public streets of the City, immediately upon the completion thereof, to remove all tools, equipment, lumber, mortar, lime, cement, and other construction materials remaining after the completion of the work, as well as all dirt, rubbish, or debris occasioned by the work and to leave the streets or sidewalks in a condition of thorough cleanliness. (Ord. 85-7 § 1, 1985.)

All sidewalks and curbs, alleys, walks, stairs, and driveways shall be constructed, altered, or repaired in accordance with the permit issued therefor. All work shall be done in accordance with such specifications as may be adopted by the City of Belvedere, from time to time, for the construction and/or repair of sidewalks, curbs, alleys, walks, stairs, and driveways. (Ord. 85-7 § 1, 1985.)

It shall be the duty of the City Manager, or his designee, to cause inspection of all locations on the public streets of the City where sidewalks, curbs, walls, driveways, or stairs have been laid down or constructed, immediately upon his notification of the completion thereof, and to take all necessary steps for the enforcement of the provisions of this Chapter. (Ord. 85-7 § 1, 1985.)

Anything in this Chapter to the contrary notwithstanding, the requirements for construction, maintenance and repair of, in, or upon sidewalk areas, and the making, confirming and collecting of charges for the cost and expenses of said construction, maintenance and repair, may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapters 22 and 27 of Part 3 of Division 7 of the Streets and Highways Code of the State as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapters 22 or 27 of Part 3 of Division 7 of the Streets and Highways Code of the State and this Chapter of the Belvedere Municipal Code, the provisions of this Chapter shall control. (Ord. 2006-2 § 14, 2006; Ord. 85-7 § l, 1985.)

The Belvedere Municipal Code is current through Ordinance 2026-01, passed July 13, 2026.

Disclaimer: The City Clerk’s office has the official version of the Belvedere Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofbelvedere.org

Hosted by ICC Code Solutions.