Gilroy Municipal Code Art. X Maintenance and Repair of Public Use Easement Area

(a) The maintenance and repair of public use easement areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this article and the procedure provided in the Streets and Highways Code section 5600 et seq. as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of the Streets and Highways Code section 5600 et seq. and this article, the provisions of this article shall control. For purposes of state law, the city engineer shall be the superintendent of streets and highways.

(b) The owners of lots or portions of lots subject to a public use easement area, and persons in possession of such lots by virtue of any permit or right (“property owners”) shall repair and maintain such public use easement areas and pay the costs and expenses therefor, including a charge for the city’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair, and including the costs of collection of assessments for the costs of maintenance and repair under subsection (a), above, of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. The property owners shall have the primary and exclusive duty to perform such repairs and maintenance, whether or not the city has notified the property owners of the need for such repairs or maintenance or has performed similar maintenance or repairs in the past.

(c) For the purposes of this article, the definition of “public use easement area” shall mean the area between the public road right-of-way property line and the public use easement line, and includes, but is not limited to, sidewalks, street trees, planting strips, and any curbing, swales, berms, retaining walls or soundwalls, or other works for the protection of any sidewalk, or planting strip.

(d) For the purposes of this article, maintenance and repair of public use easement area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of public sidewalks, repair and maintenance of curb, gutters and hardscape, removal and filling or replacement of planting strips, removal of weeds and debris, removal or replacement of diseased, damaged or dead trees, tree trimming, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the public use easement area, so that the public use easement area will remain in a condition that is not dangerous to property or to persons using the public use easement area in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said public use easement area area.

(e) Notwithstanding the provisions of section 5614 of the Streets and Highways Code, the city engineer or his or her designee may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of public use easement areas must commence by a period of not to exceed ninety (90) days from the time the notice referred to in said section 5614 is given.

(f) No improvements, repairs or maintenance within the public use easement area shall be installed or performed, including the planting or removal of trees, without obtaining a permit from the city.

(Ord. No. 2006-06, § I, 2-27-2006)

The property owner required by section 20.115 to maintain and repair the public use easement area shall owe a duty to members of the public to keep and maintain the public use easement area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the public use easement area in a non-dangerous condition as required by section 20.115, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

(Ord. No. 2006-06, § I, 2-27-2006)

This article constitutes a separate and alternative procedure for performing the work specified herein, and no other provision of this chapter shall apply to proceedings instituted hereunder.

(Ord. No. 2006-06, § I, 2-27-2006)

The city council may by resolution adopt policies and guidelines concerning the public rights-of-ways and public use easements.

(Ord. No. 2006-06, § I, 2-27-2006)