Cathedral City Municipal Code Ch. 14.12 Maintenance of Sidewalks and Parkways

Pursuant to California Streets and Highways Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall maintain the sidewalk, including any parkway area between the sidewalk and the street line. Maintenance shall include irrigation, as necessary, and trimming of any grass, trees, shrubs or other vegetation within the parkway area, and said owner or owners or other person in possession of the property shall keep any such sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material which endangers any person or property, or interferes with the public convenience in the use of the sidewalk. Such maintenance and repairs to the sidewalk shall be provided by the owner or owners or other persons in possession of the abutting property as may be required to maintain it in a condition which will not endanger any person or property, or interfere with the public convenience in the use of the sidewalk. The term "sidewalk," as defined by Streets and Highways Code Section 5600, includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or any such parkway or parking strip.

(Ord. 261 § 1, 1989; Ord. 366 § 2, 1992)

A. When any portion of the sidewalk or the area between the property line and the street line is out of repair and in condition to endanger persons or in condition to interfere with the public convenience in the use of such sidewalk or area, the city engineer, code enforcement officer or other representative of the city manager shall issue a notice to repair. Such notice shall notify the owner or person in possession of the property fronting on that portion of such sidewalk or area in need of repair or maintenance, to repair and maintain the sidewalk or area between the property line and the street line. Notice shall be given as specified in Streets and Highways Code Sections 5610 through 5618, inclusive. Repairs subject to such notice shall include deterioration of the sidewalk itself, where the condition of the sidewalk constitutes a safety hazard raising or lowering of the grade of any slab or slabs thereof, deterioration of plant materials due to lack of watering, lack of trimming, or improper maintenance of the trees, shrubs, grass or other vegetation, or the presence of any accumulation of sand, gravel, blow sand, debris or other material which endangers persons or property, or interferes with the public convenience in the use of the sidewalk. A city permit, to be issued without a fee, shall be required to make any repairs to the physical condition of the sidewalk itself.

B. Notice shall not be given to the owner or person in possession when the condition is known by the city to have been caused by a public entity or a utility company or other party making repairs under an easement, license or encroachment permit if such easement, license or encroachment permit has been issued by the city; in such event, the duty to repair or maintain shall be on that person or entity holding such an encroachment permit.

(Ord. 261 § 1, 1989; Ord. 366 § 3, 1992)

As specified in Streets and Highways Code Sections 5615 through 5618, inclusive, if the owner or person in possession fails to make the improvements or repairs required, the city may make such improvements and proceed to enforce collection of the costs thereof, using the procedures specified in those sections of the state law, and in Streets and Highways Code Sections 5625 through 5629, inclusive. When the condition is caused by a public entity or a utility company or other party making repairs under easement, license or encroachment permit issued by the city, the city manager shall take action to have the responsible entity make the repairs, or pay the costs thereof.

(Ord. 261 § 1, 1989; Ord. 366 § 4, 1992)