Hawthorne Municipal Code Ch. 12.04 Sidewalk and Curb Repair

This chapter constitutes a separate and alternate procedure for the repair and maintenance of sidewalks in the city. It creates a duty on the part of property owners to maintain sidewalks as herein defined in such condition that the sidewalks will not endanger persons or property, or interfere with public convenience in the use thereof; and it provides a proceeding whereby the street superintendent is empowered to make repairs at the owner's expense if the owner neglects, refuses or fails to perform his or her duty in this regard.

(Prior code § 11-500)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Owner"

means any person in whom is vested the title to any parcel of real property fronting or abutting on a sidewalk.

"Repair"

means the repair, replacement, restoration, correction or improvement of any sidewalk, but shall not include the construction thereof.

"Sidewalk"

includes the area between the property line and that portion of the street used for vehicle traffic, and including curbing, parkways, parking strips; driveways and retaining walls, bulkheads or other works for the protection of sidewalks, parkways, parking strips or driveways.

(Prior code § 11-501)

The provisions of Sections 5601, 5602, 5612, 5613, 5615, 5616, 5617, 5618, 5625, 5626, 5627, 5628, 5630, 5640, 5660, 5661, 5680, 5684 and 5685, of the Streets and Highways Code of the state, insofar as they are not inconsistent with the other provisions of this chapter, are adopted and by this reference incorporated herein and made a part hereof as though stated herein in full.

(Prior code § 11-502)

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 said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this Title 12 of the Hawthorne Municipal Code, the provisions of Title 12 shall control.

B. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street pavement line, including parkway lawn strips, sidewalks, driveway aprons, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the city of Hawthorne's costs of inspection and administration. If the owner fails to take action within the appropriate time frame, and if the city has to undertake such remedial actions due to a hazardous condition, the cost of such undertaking will be invoiced to the property owner for the costs of maintenance and repair under subsection A. of this section, or the imposition of a lien placed on the property due to failure of the property owner to promptly pay such assessments.

C. For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, driveway aprons, repair and maintenance of curb and gutters, removal and filling or replacement of parkway lawn strips, removal of weeds and/or debris, supervision and maintenance of signs allowed pursuant to Title 10 and Title 17 of this code, 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 parkway strips, driveway aprons 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 said sidewalk area.

D. Notwithstanding the provisions of Section 5614 of the State Streets and Highways Code, the city manager or designee may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety days from the time the notice referred to in said Section 5614 is given.

(Ord. 2176 § 1, 2019)

The provisions of this chapter shall apply with equal effect to any private driveway located on a sidewalk whenever such driveway is abandoned or no longer used as a driveway, or because of conditions or circumstances it creates or has a tendency to create a dangerous condition to public travel or safety or interferes or has a tendency to interfere with public convenience in the use thereof. Proceedings under this chapter shall be taken to remove such driveway from the sidewalk and to install a curb and sidewalk and grade the terrain to conform to the curbing, sidewalk and grade of the property immediately adjacent thereto.

(Prior code § 11-503)

The owner or person in possession of the property shall be given fourteen days within which to make the repairs described in the notice. The day of posting the notice shall be excluded in computing such period, and no repairs shall be made by the street superintendent until such period has expired.

(Prior code § 11-504)

The notice to repair shall describe the work to be done, designate the materials to be used, and specify the manner in which said work shall be performed, and if the repair is not commenced within fourteen days after notice is given and diligently prosecuted to completion without interruption, the street superintendent shall make such repair and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

(Prior code § 11-505)

The street superintendent shall cause to be kept in his or her office a permanent record containing:

A. The description of each parcel of property upon which a notice to repair has been posted, as herein provided;

B. The name of the owner, if known;

C. The date on which said notice was posted;

D. The charges incurred by the city in causing said repair to be made and all incidental expenses in connection therewith; and

E. All penalties for delinquencies in the payment thereof as hereinafter provided.

(Prior code § 11-506)

The amount of any charge, or any portion thereof, made a lien on property pursuant to the provisions of this chapter:

A. Which has been or shall be paid more than once; or

B. Which has been or shall be erroneously or illegally collected; or

C. Which is in excess of the amount chargeable and has been or shall be paid; or

D. Which was not chargeable to the person or property of the person paying the same under the provisions of this chapter by reason of a mistake or clerical error of the officers or employees of the city;

(Prior code § 11-507)