Isleton Municipal Code Ch. 8.08 Tree and Sidewalk Maintenance

A. Owner includes, without limitation, the fee owner of real property, the lessee or renter of real property, and the person or persons in possession of real property.

B. Sidewalk area means the area between the property line of a parcel of real property and the pavement of an adjacent public street, including any parking strip or curb.

C. Tree shall not include a tree planted by the city.

The owner of real property abutting a sidewalk area shall repair and maintain that sidewalk area. The owner shall have a duty to the users of the sidewalk area abutting the owner's real property, to keep that sidewalk area in a reasonably safe condition. Except as provided in section 8.08.040.A the owner shall have the primary and exclusive duty to repair and maintain the sidewalk area abutting the owner's real property, whether or not the city has notified the owner of the need for such work or has performed similar work in the past.

A. The city shall be responsible for maintaining all trees planted by the city and shall repair all sidewalk damage caused by such trees. The city's responsibility for trimming shall be limited to that needed to ensure the safe movement of pedestrians and vehicle traffic, and all other maintenance and trimming shall be responsibility of the owner.

B. The owner shall maintain all trees located on the owner's real property. The owner shall have a duty to the general public, including travelers on the abutting sidewalk area, to keep those trees in a reasonably safe condition. The owner shall have the primary and exclusive duty to maintain all trees located on the owner's real property, whether or not the city has notified the owner of the need for such maintenance or has performed similar maintenance in the past. In accordance with California Streets and Highways Code section 5601 et seq. and section 8.08.020 of this chapter, the owner shall repair sidewalk damage caused by trees located on the owner's real property.

C. An owner of real property shall not permit branches of trees located on the owner's real property to restrict access to or impede the use of sidewalks or streets, including use by city street sweepers. The city may, at its option, give written notice to the owner directing that the owner's trees be pruned so as to comply with this chapter. The city, as its option, may prune trees in the event the owner does not comply within ten days of the date of such notice. The owner shall reimburse the city for its costs in pruning the owner's trees.

The failure of an owner to perform the obligations established in sections 8.08.020 and 8.08.030 of this chapter, or the performance of those obligations in a negligent manner, shall constitute negligence. An owner shall be liable to any person who is injured as a result of such negligence. The city shall not be liable for an injury caused by the negligence of an owner.