Daly City Municipal Code Ch. 12.16 Sidewalk Repair and Maintenance

Footnotes:

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Editor's note— Ord. No. 1387, § 1, adopted Mar. 23, 2015, repealed former Ch. 12.16, §§ 12.16.010—12.16.050, and enacted a new Ch. 12.16 as set out herein. Former Ch. 12.16 pertained to similar subject matter and derived from prior code §§ 25-1—25-5.

The owners of properties adjacent to, with dual-frontage, 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. No. 1387, § 1, 3-23-2015)

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.

(Ord. No. 1387, § 1, 3-23-2015)

The owner required by Section 12.16.020 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a safe and non-dangerous condition as required by Section 12.16.020, a person who suffers injury to or damage to person or property, the owner shall be liable to such person for the resulting damage or injury.

(Ord. No. 1387, § 1, 3-23-2015)

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 postal card, or by mailing a written notice postage prepaid 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 office of the city clerk.

(Ord. No. 1387, § 1, 3-23-2015)

The notice to repair shall include the specification of the work required to be done the manner of how the work is to be done and the materials to be used in the repair. The notice shall provide two options available for the property owner to make the sidewalk repair. The notice shall provide a form for the property owner to use to notify the department of public works of the sidewalk repair option selected, and the notice shall include the information contained in Section 12.12.070.

(Ord. No. 1387, § 1, 3-23-2015)

The property owner shall have two options for making the required sidewalk repairs: (1) participation in the city's "sidewalk repair program"; or (2) performance of repairs him or herself. The property owner shall indicate on the form included with the notice which option the property owner chooses and shall deliver said form to the city within fourteen days. The owner's failure to timely respond shall constitute the owner's assent to participate in the city's "sidewalk repair program."

(Ord. No. 1387, § 1, 3-23-2015)

If electing to perform the repairs him or herself, the property owner, within fourteen 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 including the cost of the required encroachment permit. 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. No. 1387, § 1, 3-23-2015)

A. If the property owner has not commenced the repair and prosecuted it to completion with due diligence without interruption, as required by the notice and encroachment permit, or, if the property owner chooses to participate in the city's "sidewalk repair program," the director of public works shall repair the sidewalk in conjunction with other sidewalk repairs in the same general area pursuant to the provisions of this chapter.

B. The public works director or designee shall determine the cost of the particular repair to the property owner's sidewalk; property owner shall be responsible for the total repair cost and the city shall bear no part of the cost unless agreed to in writing by the public works director based upon special circumstances or conditions.

C. If the property owner elects to participate in the city's "sidewalk repair program," the property owner will pay the city's estimated cost of repair prior to the city, including the particular location for repair in the city's "sidewalk repair program" or commencing any repair work.

(Ord. No. 1387, § 1, 3-23-2015)

A. The director of public works shall cause to be kept a permanent record containing the description of each parcel of property upon which a notice to repair has been posted, the name of the owner, if known, the date on which such notice was posted, and the charges incurred by the city in causing such repair to be made, and all incidental expenses in connection therewith. Each such entry shall be made as soon as practicable after completion of each act.

B. If the property owner elects to participate in the city's "sidewalk repair program" or if the city makes or causes the repairs to be made, the charges incurred thereof shall be determined by the director of public works in accordance with the provisions of this chapter. The director of finance shall prepare and mail a statement for the same to the last known address of the owner of the property.

(Ord. No. 1387, § 1, 3-23-2015)

After confirming the report, determining any objections or protests and confirming the assessments, 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 thirty 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. No. 1387, § 1, 3-23-2015)

No person shall maintain or permit to remain in the ground in the public right-of-way, adjacent to, with dual-frontage or fronting of any premises owned or occupied by him, the stump of any tree which shall protrude above the surface of the earth, upon any street, sidewalk or thoroughfare in the city.

(Ord. No. 1387, § 1, 3-23-2015)

Wherever any tree growing upon any street or sidewalk in the city has been cut down, the owner or occupant of the premises adjacent to, with dual-frontage or in front of which the tree grew shall immediately uproot the stump and shall thereupon carry away and dispose of the same, and shall forthwith fill with the level of the street or sidewalk, any excavation made by uprooting such stump.

(Ord. No. 1387, § 1, 3-23-2015)