Burbank Municipal Code Div. 1 Repair of Sidewalks and Curbs

This article constitutes a separate and alternate procedure for the repair and maintenance of sidewalks in the City. It creates a duty on the part of property owners to maintain “sidewalks” as herein defined in such condition that the sidewalks will not endanger persons or property, or interfere with public convenience in the use thereof; and it provides a proceeding whereby the Public Works Director is empowered to make repairs at the owner’s expense if the owner neglects, refuses or fails to perform their duty in this regard. [Formerly numbered Section 26-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:

OWNER: Any person in whom is vested the title to any parcel of real property fronting or abutting on a sidewalk.

REPAIR: The repair, replacement, restoration, correction, or improvement of any sidewalk, but shall not include the construction thereof.

SIDEWALK: The area between the property line and that portion of the street used for vehicle traffic, and including curbing, parkways, parking strips, driveways, and retaining walls, bulkheads or other works for the protection of sidewalks, parkways, parking strips or driveways. [Formerly numbered Section 26-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

The provisions of Sections 5125, 5126, 5601, 5612, 5613, 5615, 5616, 5617, 5618, 5625, 5626, 5627, 5628, 5629, 5630, 5660, 5661, 5680, 5684, and 5685, of the Streets and Highways Code of the State as they now exist, and insofar as they are not inconsistent with the other provisions of this division, and are hereby adopted and by this reference incorporated herein and made a part hereof as though stated herein in full. [Formerly numbered Section 26-67; renumbered by Ord. No. 3058, eff. 2/21/87; 2272.]

The provisions of this division shall apply with equal effect to any private driveway located on a sidewalk whenever such driveway is abandoned or no longer used as a driveway, or because of conditions or circumstances it creates or has a tendency to create a dangerous condition to public travel or safety or interferes or has a tendency to interfere with public convenience in the use thereof. Proceedings under this division shall be taken to remove such driveway from the sidewalk and to install a curb and sidewalk and grade the terrain to conform to the curbing, sidewalk and grade of the property immediately adjacent thereto. [Formerly numbered Section 26-68; renumbered by Ord. No. 3058, eff. 2/21/87.]

The owner or person in possession of the property shall be given five (5) days within which to make the repairs described in the notice. The day of posting the notice shall be excluded in computing such period, and no repairs shall be made by the Public Works Director until such period has expired. [Formerly numbered Section 26-69; renumbered by Ord. No. 3058, eff. 2/21/87.]

The notice to repair shall describe the work to be done, designate the materials to be used, and specify the manner in which said work shall be performed, and if the repair is not commenced within five (5) days after notice is given and diligently prosecuted to completion without interruption, the Public Works Director shall make such repair and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REPAIR

(Sidewalk, curb, driveway, bulkhead, retaining wall, parkway, remove driveway.) The owner of the property described as follows: ____________________________ commonly known as is hereby ordered to repair the (sidewalk, curb, driveway, bulkhead, retaining wall, parkway, remove driveway) in front of or abutting said property in accordance with specifications No. on file in the office of the Public Works Director of the City of Burbank, pertaining thereto, within five (5) days from the date hereof. If the work herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the said Public Works Director will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property, pursuant to Section 7-3-501 et seq. of the Burbank Municipal Code.

Estimated Cost of Repair $

Dated

Public Works Director of the City of Burbank

[Formerly numbered Section 26-70; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Public Works Director shall cause to be kept in their office a permanent record containing: a) the description of each parcel of property upon which a notice to repair has been posted, as herein provided, b) the name of the owner, if known, c) the date on which said notice was posted, d) the charges incurred by the City in causing said repair to be made and all incidental expenses in connection therewith, and e) all penalties for delinquencies in the payment thereof as hereinafter provided. Each such entry shall be made as soon as practicable after completion of such act. [Formerly numbered Section 26-71; renumbered by Ord. No. 3058, eff. 2/21/87.]

The amount of any charge, or any portion thereof, made a lien on property pursuant to the provisions of this division: 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) which is in excess of the amount chargeable and has been or shall be paid, or d) which was not chargeable to the person or property of the person paying the same under the provisions of this division by reason of a mistake or clerical error of the officers or employees of the City, may be refunded to the person entitled thereto by order of the Council in the same manner and to the same extent and under the same provisions as now or hereafter provided by law for the refunding of payment of general City taxes. [Formerly numbered Section 26-72; renumbered by Ord. No. 3058, eff. 2/21/87.]

The sum of money which the owner is required to pay under the provisions of this division may be paid to the City Treasurer in installments in accordance with the provisions of Section 2-1-905 and 2-1-906 of this code. [Formerly numbered Section 26-73; renumbered by Ord. No. 3058, eff. 2/21/87.]