Chico Municipal Code Ch. 14.20 Sidewalk Repair

This chapter may be cited and referred to as the “Sidewalk Repair Ordinance of the City.”

(Prior code § 23.71 (Ord. 593 §1))

A. “Director ” shall mean the director of the public works department.

B. “Legislative body” means the council.

C. “Lot,” “portion of lot,” “land,” “piece,” or “parcel of land,” whether used singly or in combination, may, in the discretion of the director for the purpose of this chapter, include any contiguous real property under the same ownership as appears on the last equalized assessment roll used for assessing entity in which the property is situated, whether consisting of unsubdivided land or land subdivided into blocks or lots and blocks.

D. “Owner” means the person owning the fee or the person in whose name the legal title to the property appears by deed duly recorded in the county recorder's office of the county in which the property is situated, or the person in possession of the property or buildings under claim of or exercising acts of ownership over the same as owner or as executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.

E. Sidewalk. As used in this chapter, “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, driveway approaches, retaining walls or other works for the protection of any sidewalk or any such parking strip.

(Prior code § 23.72 (Ord. 593 §2, Ord. 1111 §46, Ord. 1133 §8, Ord. 2268, Ord. 2364 §140), Ord. 2439 §89)

The owners of lots or portions of lots fronting on any portion of a public street or place, when that street or place is improved, or if and when, the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas, save and except to those conditions created or maintained in, upon, 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 such person by law or by an authorized authority of the city in charge thereof, and such persons shall be under a like duty in relation thereto.

(Prior code § 23.73 (Ord. 593 §3), Ord. 2268)

When any portion of the sidewalk is out of repair, or pending reconstruction, and in a condition to endanger persons or property, or in condition to interfere with the public convenience in the use of such sidewalk, the director shall notify the owner of the property fronting on that sidewalk of such sidewalk so out of repair, and directing such owner to repair said sidewalk.

(Prior code § 23.74 (Ord. 593 §4, Ord. 2364 §141))

Notice to repair shall be given in writing to the owner of the property facing upon the sidewalk so out of repair. Such notice shall be given either by delivering such written notice personally to the owner as in this chapter defined, or by mail to such owner. If such notice be given by mail, the same shall be sent by certified mail, postage prepaid, to the person in possession of such property, or to the owner thereof at such owner’s last known address as the same appears on the last equalized assessment rolls of the city, or to the name and address of the person owning such property as shown on the records of the city clerk. If such notice is given personally, the affidavit of the person serving such notice, and in the case of certified mail, the return receipt, shall be conclusive evidence of the giving of such notice.

(Prior code § 23.75 (Ord. 593 §5), Ord. 2268)

The notice to repair shall specify:

A. What work is to be done;

B. How it is to be done; and

C. What materials should be used in the repair.

And shall further specify that;

D. If the repair is not commenced within thirty days after the delivery or mailing of such notice, and diligently and without interruption prosecuted to completion, the director shall make such repair, and the cost of the same shall be a lien on the property of the adjacent owner.

(Prior code § 23.76 (Ord. 593 §6, Ord. 2364 §142))

If the repair is not commenced and prosecuted to completion with due diligence as required by the notice, the director shall forthwith repair the sidewalk.

(Prior code § 23.77 (Ord. 593 §7, Ord. 2364 §143))

Upon the completion of the repair, the director shall cause notice of the cost of the repair, which shall include all incidental costs of effecting the repairs, to be given by mailing a postal card to the property owner at such owner’s last known address as the same appears on the last equalized assessment roll of the city, or as the name and address of the person owning such property is shown on the records in the office of the city clerk. The notice shall specify:

The day, hour, and place when the legislative body will hear and pass upon a report of the 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 person. At such hearing, the legislative body, after hearing all objections and protests made, shall have the power to finally fix and determine the amount required to be paid by such property owner. At the conclusion of such hearing and the making of such determinations, the amount so determined to be owed by said property owner, shall be thereafter forthwith due and payable, and shall constitute a lien against said owner's property.

(Prior code § 23.78 (Ord. 593 §8), Ord. 2268, Ord. 2364 §144)

Within ten days after the determination of the legislative body as provided in the last preceding section, the director shall cause to be prepared and filed with the tax collector of the city, a notice of the amount determined to be due and owing to the city from the property owner. Said notice shall set forth the name of the owner, the property to be assessed, and the amount of the cost of repair owed by such owner.

(Prior code § 23.79 (Ord. 593 §9, Ord. 2364 §145))

Within six months after the completion of the repair, the director shall prepare and file with the legislative body a written report specifying the repairs which have been made, the cost of repairs, a description of the real property adjacent to which the repairs have been made, and the assessment against each lot or parcel of land proposed to be levied upon 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.

(Prior code § 23.80 (Ord. 593 §10, Ord. 2364 §146))

Upon the day and hour for the hearing, the legislative body shall hear and pass upon the report of the 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 repairs, and any other interested persons. Thereupon, the legislative body may make such revisions, corrections 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 legislative body may adjourn the hearings from time to time. The decision of the legislative body on all protests or objections shall be final and conclusive.

(Prior code § 23.81 (Ord. 593 §11, Ord. 2364 §147))

The cost of repair assessed against the parcel of property fronting upon the sidewalk upon which repair was made, and the costs so assessed, if not paid within thirty days after its confirmation by the legislative body, shall constitute a special assessment against the parcel of property and shall be a lien upon 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. In event the assessment is not paid within thirty days of the confirmation, the cost thereof shall be added to the taxes to be paid upon said property and shall become a lien thereon and shall be inserted upon the tax roll of the city, and such charge shall be collected at the same time as other city taxes.

(Prior code § 23.82 (Ord. 593 §12, Ord. 2364 §148))

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

(Prior code § 23.83 (Ord. 593 §13, Ord. 2364 §149))

Failure of any person entitled to receive a notice under the provisions of this chapter shall not affect the validity of the proceedings or the validity of the lien of any assessment. No step in any proceeding under this chapter shall be invalidated or affected by any error or mistake or departure from the provisions of this chapter as to the officer or person required to give any notice hereunder.

(Prior code § 23.84 (Ord. 593 §14)