Chapter 12.10 — MAINTENANCE AND REPAIR OF SIDEWALKS

For purposes of this chapter:

A.

"Sidewalk" 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 of any such park or parking strip.

B.

For purposes of this chapter, the director of public works is designated the superintendent of streets.

(Ord. 657 §2, 2012)

A.

Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of the maintenance and repair, may be done and the proceedings therefore may be had and taken in accordance with this section and the procedure therefore provided in California Streets and Highways Code Chapter 22 of Division 7, Part 3. In the event of any conflict between the provisions of California Streets and Highways Code Chapter 22 of Division 7, Part 3, and this Section 12.10.020, the provisions of this section shall control.

B.

The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area or driveway approach between the opaquing strips, sidewalks, curbs and gutters, and persons in possession of the lots by virtue of any permit or right shall repair and maintain the sidewalk areas and pay the costs and expenses therefore, including a charge for the city of Exeter's costs of inspection and administration whenever the city awards a contract for the maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under this section or handling of any lien placed on the property due to failure of the property owner to promptly pay the assessments.

C.

For the purposes of this part, maintenance and repair of sidewalk area or driveway approach shall include, but not be limited to maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the sidewalk area.

D.

Notwithstanding the provisions of California Streets and Highways Code, §5614, the director of public works may in his or her discretion, and for sufficient causes, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed seventy-four days from the time the notice referred to in §5614 is given.

E.

Special consideration shall be given to protecting and preserving, to the greatest extent practical, historic elements that may be present in any sidewalk area impacted by application of this ordinance. The Zoning Ordinance - specifically those sections pertaining to Historic Overlay Districts and historic preservation - shall be consulted for specific policy direction. To the extent practical, repair or replacement of such sidewalk segments shall be completed utilizing like materials and construction, with the goal of preserving the greatest amount of historic content possible. Where disturbance of historic content is unavoidable, reincorporation of historic content into areas repaired or replaced should be pursued.

(Ord. 657 §2, 2012)

The property owner required by Section 12.10.020 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 nondangerous condition as required, any person suffers injury, or any damage to person or property occurs, the property owner shall be liable to the person for the resulting damages or injury and shall be required to indemnify and hold harmless the city of Exeter, its officers, agents and employees.

(Ord. 657 §2, 2012)