Huron Municipal Code Ch. 12.08 Streets and Sidewalks Maintenance

The city council finds and declares as follows:

A. The growth and accumulation of noxious weeds, debris and shrubs on and around sidewalk areas within the City is a public nuisance.

B. The presence of noxious weeds, debris and shrubs on and around sidewalk areas within the City is unsightly and deteriorates the image of the City.

C. The presence of noxious weeds, debris and shrubs on or around sidewalk areas within the City constitute a dangerous condition of property posing a threat to the health, safety and welfare of the persons using those sidewalk areas.

(Ord. 287 § 2 (part), 1994)

A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collection of assessments for the costs and expenses of said maintenance and report may be done and the proceedings therefor may be had and taken in according this part and the procedure therefore provided in Chapter 22 of Division 7, Part 3, of the California Streets and Highways Code as the same as 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 California Streets and Highways Code in this title, the provisions of this title 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 line, including parking strips, sidewalks, curbs and gutters, and person 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 Huron'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 of this section or handling of any lien placed on the property due to the failure of the property owner to properly pay such assessment.

C. For the purpose of this chapter, maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curbs 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 groundcover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strip 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 5416 of the California Streets and Highways Code, the city manager or his designee may, in her or his discretion, and for sufficient cause, extend the period within which the required maintenance and repair of sidewalk areas must commence by a period not to exceed seventy-four (74) days from the time the notice referred to in Section 5614 is given.

(Ord. 287 § 2 (part), 1994)

If the owner of said real property fails, neglects or refuses to comply with the provisions of this chapter after (10) days' written notice from the city manager or his designee, he or she shall be guilty of a misdemeanor. Said notice shall be served by the City either personally or by registered mail, return receipt requested.

(Ord. 287 § 2 (part), 1994)

In such cases as set out in Section 12.08.030, besides the penalty attached, the city manager or his designee, shall have the necessary work performed at the expense of the City, and the costs thereof shall be a charged against the property owner and shall be collected from him by the City. (Amended during 1995 codification; Ord. 287 § 2 (part), 1994)

The property owner required by Section 12.08.020 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 by Section 12.08.020, any person suffers injury or damages to person or property, the property owner shall be liable to such person for the resulting damages or injuries.

(Ord. 287 § 2 (part), 1994)