Mendota Municipal Code Ch. 12.06 Sidewalk Maintenance

To maintain the sidewalk in such condition that it will not endanger persons or property or interfere with the public convenience in the use of those sidewalks and to provide for fronting and adjacent property owner to bear the costs of such repair as allowed by the California Streets and Highways Code sections 5600 et seq.

(Ord. No. 12-11, § 2, 11-27-2012)

For the purpose of this chapter, the following words and phrases shall have the meaning set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code:

"Director of public works" means the director of public works for the city of Mendota, or his or her designee.

"Driveway approach" means the concrete structure located in the public right-of-way between the public street and a driveway or parking area on private property.

"Property owner" means the fee owner of real property.

"Sidewalk" means any area provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering fronting or adjacent private property.

"Sidewalk repair" means any effort to eliminate sidewalk discontinuities such as patching cracks or gaps, grinding or leveling displaced or lifted sidewalk panels, ramping of elevated sidewalk panels, and filling in areas of settled or sunken sidewalk.

"Sidewalk replacement" means the complete removal and replacement of failed portions of sidewalk.

(Ord. No. 12-11, § 2, 11-27-2012)

Pursuant to this chapter of the Mendota Municipal Code (MMC) and state law, property owners shall maintain, and repair the sidewalk and as such owe a duty to members of the public to keep and maintain the sidewalk in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk in a non-dangerous condition as required by this chapter, any person who 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. 12-11, § 2, 11-27-2012)

The city of Mendota shall inspect properties to identify damaged sidewalks and assess repair and replacement needs, and provide notices to correct any deficiencies related to sidewalks.

(Ord. No. 12-11, § 2, 11-27-2012)

The property owner 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 persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas.

(Ord. No. 12-11, § 2, 11-27-2012)

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, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs allowed, 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 parking strips 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.

(Ord. No. 12-11, § 2, 11-27-2012)

When any portion of a sidewalk or driveway approach is not in good repair, in a condition to endanger persons or property or interfere with public convenience, or in a condition that will not sustain or support sidewalk repairs and the director of public works has knowledge thereof, he or she will send one notice of correction to the fronting or adjacent property owner to repair or replace the sidewalk. Notice shall be written and given by mailing to the property owner's last known address, as it appears on the last equalized assessment rolls of the city.

(Ord. No. 12-11, § 2, 11-27-2012)

The notice shall direct the property owner to correct the identified problems, and specify what work should be completed, as well as their liability for claims arising from the dangerous condition of the sidewalk.

(Ord. No. 12-11, § 2, 11-27-2012)

Before constructing, or replacing the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the property owner of the lot or lots shall obtain an encroachment permit and any and all other necessary permits from the city.

(Ord. No. 12-11, § 2, 11-27-2012)

It shall be unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk without a valid permit issued by the city.

(Ord. No. 12-11, § 2, 11-27-2012)