Burlingame Municipal Code Ch. 12.12 Sidewalk and Parkway Maintenance

The owners of properties adjacent to or fronting on any portion of an improved street or place, or a street whose area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall have a duty to maintain and shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and in such condition that the sidewalk will not interfere with the public convenience in the use of those works or areas except as to those conditions created or maintained in, on, along or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him or her by law or by the city authorities in charge thereof, and such persons shall be in a like duty in relation thereto.

(Ord. 1858 § 2, (2010))

When any portion of any sidewalk is defective, out of repair or pending reconstruction and/or in condition to endanger persons or property, or to interfere with the public convenience in the use thereof, the director of public works or designee shall notify the owner or person in possession of the property abutting or fronting on that defective or out of repair portion of the sidewalk, to repair the sidewalk in the manner provided in this chapter and as approved by the public works director or designee in accordance with public works standards.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

The public works director or designee may notify the affected property owner of the need to repair sidewalk in accordance with the Streets and Highway Code. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property abutting or fronting on that portion of the sidewalk so out of repair or by mailing a written notice to the person in possession of such property, or to the owner thereof at the last known address as the same appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the San Mateo County Recorder's Office.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

Upon receiving a notice to repair, the property owner, within 14 days after receipt of the notice to repair, shall: (1) obtain an encroachment permit from the public works department; (2) commence performance of the work, and diligently and without interruption prosecute the work to completion; (3) be responsible for the full cost of the repair. If the property owner fails to timely obtain an encroachment permit and to commence and diligently prosecute the work without interruption, the director of public works shall make such repair, and the cost of that repair shall be a lien on the property pursuant to the provisions of this chapter.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

Notwithstanding the above provisions of this chapter, the city council may authorize the director of public works or designee to identify sidewalk repairs and implement a sidewalk repair program to address pedestrian safety concerns and to address compliance with the Americans with Disabilities Act as part of the Capital Improvement Program. The focus of the work performed by the public works department shall consist of sidewalk repairs to address pedestrian safety concerns in the public pedestrian path of travel, and Americans with Disabilities Act improvements, and excludes all private driveway approaches and private walkways. Continuation of the sidewalk repair program by the public works director is contingent upon availability of funding, and may terminate at any time as determined by the city council. The implementation of the sidewalk repair program by the public works director does not relieve the adjoining private property owners of their responsibility for maintenance of sidewalks as specified in Section 5600 of the Streets and Highway Code, and in Section 12.12.010 of this chapter.

(Ord. 1949 § 1, (2018)

For any repair for which notice was given under Section 12.12.040 of this chapter and the costs of repair were borne by the city, the city council shall conduct a public hearing at which the director of public works shall submit the notice and costs associated with the repair, and the property owner against whom such repairs may be charged shall have the opportunity to appear, dispute the charges, and submit argument or evidence in support of the property owner's position. The affected property owner shall be provided notice at the address as provided in Section 12.12.030 via certified mail or hand delivery and registered mail at least 14 calendar days prior to the meeting at which the item is to be heard. If, following the public hearing, the city council determines the charges to be proper, the city council shall assess the cost of repair against the parcel of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within 30 days of mailing the invoice, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof. Such lien shall continue until the assessment and all interest thereon are paid, or until it is discharged of record.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

The director of public works may file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the _____ day of _____, 20, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Burlingame did, on the _____ day of _____, 20, by Resolution No. assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of Burlingame does hereby claim a lien on said real property in the sum of __________ DOLLARS ($), and the same shall be a lien upon said real property, with interest at the rate of 7 percent per annum, from the said _____day of _____, 20, has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Burlingame, the County of San Mateo, State of California, and particularly described as follows, to wit:

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

(a) From and after the date of the 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.

(b) The statute of limitations shall not run against the right of the city to enforce the payment of the lien.

(c) 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 Division 6 of the Streets and Highways Code.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

As an alternative method of collecting the amount of the lien, the city council, after confirmation of the report of the director of public works, may order the notice of lien to be delivered to the county auditor. The county auditor 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 county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection, and enforcement of city taxes are hereby made applicable to such special assessment taxes.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

Proof of the posting or mailing of any notice, order, or determination provided for in this chapter may be made by the affidavit of the person posting or mailing such document annexed to a copy thereof. The affidavit shall specify the date when or at which the document was posted or mailed, as the case may be. The director of public works shall keep the affidavits of posting or mailing. No error in the name or address shall affect in any manner the validity of the procedure or any lien imposed hereunder.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))

No charge, or any act relating to such charge, or the collection of the same hereunder shall be illegal on account of informality or because the same was not completed within the time required by law.

(Ord. 1858 § 2, (2010); Ord. 1949 § 1, (2018))