Brawley Municipal Code Art. III Sidewalks, Right-of-Way, and Alleys

Footnotes:

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Editor's note— Ord. No. 2021-01, § 3, adopted Jan. 19, 2021, set out provisions intended for use as §§ 23.7—23.15. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 23.7—23.16.

"Alley" means a roadway, other than a city street, that bisects a block of real property situated between two city streets.

"Hardscape" includes gravel, rocks, boulders and any other non-plant material placed in the parkway or right-of-way.

"Irrigation system" includes any and all sprinklers, sprinkler pipe, valves and related equipment installed in the parkway or right-of-way.

"Landscape" includes grass, shrubbery, trees, flowers, cactus, and any other plant material growing in a parkway or inside the right-of-way.

"Parkway" means any unpaved portion of land that exists between the back of the sidewalk and the owner's property line when the sidewalk is attached to the curb and gutter and, between the back of the curb and gutter and the sidewalk when the sidewalk is detached from the curb and gutter.

"Right-of-way" means the area between the property line at one side of the street and the property line on the other side of the street including a strip of land, sometimes but not always ten feet in width, that exists between an owner's property line that is adjacent to a city street and the street line, (which usually coincides with the location of the curb).

"Sidewalk" includes a parkway maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining wall or other works for the protection of any sidewalk or any such parkway.

(Ord. No. 2021-01, § 3, 1-19-2021)

Pursuant to California Streets and Highways Code Section 5610, the owner of real property adjacent to a sidewalk is responsible for the maintenance of that sidewalk.

(Ord. No. 2021-01, § 3, 1-19-2021)

(a) Pursuant to California Streets and Highways Code Section 5610, the owner of real property adjacent to a sidewalk is responsible for the maintenance of the parkway between the property line and the street line regardless if the sidewalk is attached or detached.

(b) The owner of real property adjacent to a sidewalk shall maintain landscaping and/or hardscaping in the parkway.

(c) If the owner of real property adjacent to a sidewalk has landscape or hardscape installed or planted in the parkway, the owner shall be responsible to ensure that said landscape and/or hardscape does not impede pedestrian traffic on the sidewalk. The owner shall also be responsible to ensure that said landscape and/or hardscape does not impede traffic or obscure the view of motorist driving on the street adjacent to the owner's property.

(Ord. No. 2021-01, § 3, 1-19-2021)

(a) The owner of real property adjacent to a city street wherein no sidewalk is installed is responsible for the maintenance of the right-of-way.

(b) The owner of real property adjacent to a city street wherein no sidewalk is installed may install landscape and/or hardscape in the right-of-way.

(c) If the owner of real property adjacent to a city street wherein no sidewalk is installed has landscape and/or hardscape in the right-of-way, the owner shall be responsible to ensure that said landscape and/or hardscape does not impede pedestrian traffic adjacent to the street. The owner shall also be responsible to ensure that said landscape and/or hardscape does not impede traffic or obscure the view of motorist driving on the street adjacent to the owner's property.

(Ord. No. 2021-01, § 3, 1-19-2021)

The owner of real property adjacent to an alley is responsible for the maintenance of that alley to the midway point of the alley.

(Ord. No. 2021-01, § 3, 1-19-2021)

(a) In the event that the city public works department or city building department determines that the sidewalk, parkway, right-of-way or alley is in need of repair or maintenance, the city shall send written notice to the owner of the real property adjacent to sidewalk, parkway, or right-of-way or alley in question. The notice shall identify the maintenance and/or repair required and shall inform the property owner that the repairs or maintenance must be accomplished by a date certain. The notice shall comply with the provisions of Streets and Highways Code Chapter 22, Article 2.

(b) The public works director and/or building official shall have the discretion to grant the property owner additional time to comply with the repair notice.

(c) Any and all repairs to be made to a sidewalk, curb or alley shall be performed by a licensed contractor according to public works standards to perform that type of work.

(d) If the owner fails to make the required repairs after reasonable notice, the building official and/or the public works director may make arrangements for the necessary repairs to be made pursuant to Streets and Highways Code 5615. The costs of said repairs shall be passed on to the owner pursuant to Streets and Highways Code Section 5616 and 5617.

(e) The owner shall have the right to appeal the issue to the city council pursuant to Streets and Highways Code Section 5618. An appeal must be received by the city clerk, in writing, within ten business days of delivery to the owner of the report of repair required by Streets and Highways Code Section 5617.

(f) The city's right to require repairs and maintenance includes the right to require that the owner maintain landscape and/hardscape existing in any parkway or right-of-way.

(g) The city's right to require repairs and maintenance includes the right to require that the owner trim or maintain the landscape or hardscape that is impeding safe travel in any alley wherever said landscape or hardscape is located. Likewise, the city's right to require repairs and maintenance includes the right to require any owner to remove debris, refuse, garbage or other items that have been dumped in an alley.

(Ord. No. 2021-01, § 3, 1-19-2021)

(a) Notwithstanding any other provision of this article, the city shall have the right to repair, upgrade, or replace any existing sidewalk on city right-of-way at the city's expense. Likewise, the city shall have the right to construct sidewalks, curb and gutter, ADA ramps, etc., on any city right-of-way where sidewalks do not currently exist at the city's expense. The city shall also have the right to repair, upgrade or maintain any alley existing in the city at the city's expense.

(b) In the event that the city exercises its option to repair, upgrade or construct sidewalks at its own expense, the city shall have the right to change the design of the sidewalks not withstanding any existing landscape or hardscape in a parkway or right-of-way that may have to be altered.

(c) In the event that landscape, hardscape or an irrigation system exists in a parkway or right-of-way where the city exercises its option to repair, upgrade or construct sidewalks the city shall not be responsible for restoring any landscape, hardscape or irrigation system that may be damaged or removed as a result of the city's project. Notwithstanding the foregoing, the city will take reasonable steps to work with the owner to coordinate its project with the owner or the owner's contractor if the owner desires to restore or modify any existing landscape, hardscape or irrigation system during the course of the city's project. The decision of the public works director as to the extent of coordination with the owner is reasonable shall be final.

(d) In the event that the city exercises its right to repair, upgrade or maintain an alley at its expense, the city shall take reasonable care not to damage the real property and improvements thereon adjacent to said alley.

(Ord. No. 2021-01, § 3, 1-19-2021)

Pursuant to Gonzales v. City of San Jose, (2004) 125 Cal.App.4 th 1127, the city council hereby declares that inasmuch as California law provides that it is the property owner's responsibility to repair and maintain the sidewalks adjacent to the owner's real property, the liability for any injury sustained by a pedestrian due to a dangerous condition existing on a sidewalk is hereby shifted to the owner of the real property adjacent to said sidewalk.

(Ord. No. 2021-01, § 3, 1-19-2021)

(a) The city council finds that dumping in alleys is a public nuisance. The city council further finds that many people tend to justify dumping items in the alley by maintaining that they are "donating" unwanted items to various thrift shops and secondhand stores that exist in the city.

(b) The city council finds that items left in the alley behind thrift shops and secondhand stores are often not suitable for resale or reuse and therefore remain in the alley creating a public nuisance. Often items that are "donated" in this manner remain in the alley until such time as the city makes arrangements to have these items removed at the city's expense.

(c) Any person that desires to make a donation to a thrift shop, secondhand store or similar establishment in the city must do so while the establishment is open for business. Further the person who desires to donate items must notify the person in charge of the establishment of their desire to make a donation and determine whether or not the donation will be accepted by the establishment. Unless the person in charge of the establishment agrees to accept the items to be donated, it shall be a violation of this article is derived to leave the items. In any event, it shall be a violation of this article to leave the items in the alley.

(d) Any owner or operator of a thrift shop, secondhand store or other establishment that sells used items that is located adjacent to an alley in the city shall post a sign in a prominent location adjacent to and observable from the alley in substantially the following form:

Attention—Pursuant to Brawley Municipal Code Section 23.14 donations are only accepted during business hours. If you wish to make a donation you must contact the store manager first. Donations will not be accepted without the store manager's prior consent. Persons leaving items in the alley without the store manager's prior consent are subject to a citation and fine.

The foregoing language shall appear in English and Spanish on the required sign. Failure to post the required sign within thirty days of the effective date of the ordinance from which this article is derived shall be a violation of the ordinance from which this article is derived.

(Ord. No. 2021-01, § 3, 1-19-2021)

Any person that commits a violation of section 23.15 shall be guilty of a misdemeanor. Any peace officer may issue an administrative citation to any person who violates the foregoing in that officer's presence. An administrative citation issued pursuant to this section shall be processed pursuant to chapter 19F of this Code. The administrative fine that shall be imposed for a violation of the foregoing shall be one thousand dollars. Alternatively, any peace officer may issue a criminal citation to any person who violates the foregoing in that officer's presence. Any criminal citation issued pursuant to this article shall be delivered to the city attorney for prosecution.

(Ord. No. 2021-01, § 3, 1-19-2021)