McFarland Municipal Code Ch. 12.32 Sidewalk Maintenance and Repair

The purpose of this chapter is to provide for the repair and maintenance of sidewalks and assess the liability for failure to repair and maintain the sidewalk should any person suffer injury or damage to person or property resulting from same.

(Ord. No. 016-2011, § 1, 12-8-11)

It is unlawful for any person to refuse to allow the public works director or his employees to enter upon any premises at any time during the daylight hours to remove any material or objects which it has become the duty of the city to remove under the provisions of this chapter.

(Ord. No. 016-2011, § 1, 12-8-11)

It is unlawful for any person to plant or cause to be planted any tree or shrub in or upon property adjacent to any public street, sidewalk or other public place in the city without first having obtained a written permit from the city. The permit shall specify the location and species of trees or shrubs to be planted.

(Ord. No. 016-2011, § 1, 12-8-11)

A. It shall be the duty of every property owner to trim or remove all trees, shrubs or plants or any part or parts thereof growing or standing on the property which may constitute a hazard or an impediment to persons using the sidewalk. Any tree, shrub or plant constituting a hazard or impediment is hereby declared to be a public nuisance and the city shall notify the owner or persons in possession of the property in the same manner as described in Section 12.32.070 hereinafter. Failure to correct the hazard or impediment shall be enforceable as allowed by law or equity to abate a public nuisance and, in addition thereto, by the procedures described in Sections 12.32.070 and 12.32.090.

B. If any property owner fails to maintain the trees, shrubs, or other plantings in a nondangerous condition as required by this section and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain the trees, shrubs, or plantings.

(Ord. No. 016-2011, § 1, 12-8-11)

The owner of property adjacent to or fronting on any portion of a sidewalk and persons in possession of such property shall maintain the sidewalk areas and pay the costs and expenses therefore, and shall repair the sidewalk if damaged by trees, shrubs, or other plantings on the property where such damage constitutes a hazard to persons using the sidewalk or an impediment to its use as determined by the city. For the purposes of this chapter, maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance or removal of trees, shrubs, or other plantings on the property adjacent to or fronting on a sidewalk, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks and of curbs and gutters, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of trees, shrubs and ground cover so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk and will be in a condition which will not interfere with the public convenience in the use of the sidewalk area.

(Ord. No. 016-2011, § 1, 12-8-11)

The property owners required by this chapter to maintain and repair the sidewalk areas shall owe a duty to members of the public to keep and maintain the sidewalk areas in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk areas in a nondangerous condition, 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. 016-2011, § 1, 12-8-11)

A. When any portion of the sidewalk is out of repair and in condition to endanger persons or property or to interfere with the public convenience in use of the sidewalk, the city shall notify the owner or persons in possession of the property to repair the sidewalk. Notice may be given by delivering a written notice personally to the owner or to the person in possession or by mailing it to the foregoing either at the last known address that appears on the last equalized assessment role or as shown in the records of the city clerk (the "repair notice"). If served by mailing, the repair notice shall also be posted in a conspicuous place on the property or, alternatively, the city may mail an additional notice to the person to whom the repair notice was sent. The city's determination of a public nuisance may be appealed by the property owner in the manner described in Section 8.20.070.

1. The repair notice shall specify what work is required to be done, how it is to be done, and what material shall be used. The repair notice shall further state that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the city shall make the repair and the cost of same shall be a lien on the property. If the city completes the repair, the city shall cause notice of the cost of the repair to be given in the same manner as the repair notice (the "cost notice"). The cost notice shall specify the day, time, and place when the city council will hear and pass upon a report by city staff of the cost of the repair. During the hearing, city staff shall file a report specifying the repairs, the cost of same, a description of the property responsible for the repairs, and the assessment against same. The city may recover all costs of repair as well as all administrative costs including, without limitation, the cost of inspecting the property, preparing and serving the repair notice, inspecting and administering repair by the property owner, tracking and maintaining all administrative and repair costs, all costs of collection, drafting a certificate of lien and recording same, recovering the costs on the property tax rolls, and all other similar costs. At the hearing, the city council will hear any objections or protests to same. Upon conclusion of the hearing, the city council may make such revision, correction or modifications in city staffs report as it deems just, after which, by motion or resolution, the report, as corrected or modified, shall be confirmed. The city council may adjourn the hearing from time-to-time. The city council's decision shall be final and conclusive.

2. The property owner shall be given written notice of the city council's decision and shall be billed therewith or thereafter the cost approved by the city council. The property owner shall have thirty days to make full and complete payment to the city. Simultaneously, the city may pursue the remedies described in Sections 12.32.080 and 12.32.090.

(Ord. No. 016-2011, § 1, 12-8-11)

The city may file in the office of the county recorder a certificate of lien on the property or properties responsible for the repair and for repayment to the city. The certificate of lien shall reflect the cost of the repair and the amount of interest on same approved by the city council, which shall accrue until the full amount of the cost is repaid. The effect of the certificate of lien shall be as described in California Streets and Highways Code Section 5627.

(Ord. No. 016-2011, § 1, 12-8-11)

As an alternative method of collection of the cost of repair, the city council may order the certificate of lien to be filed with the county assessor and the tax collector to add the amount of the assessment to the next regular bill for taxes levied against the property. The amount of the lien shall be collected at the same time and in the same manner as ordinary taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary taxes. All laws applicable to the levy, collection and enforcement of taxes are hereby made applicable to such special assessments.

(Ord. No. 016-2011, § 1, 12-8-11)