Monterey Municipal Code Art. 4 Sidewalk Repair and Maintenance

For purposes of this Article, the following terms shall have the definitions set forth below:

a.“Owner” means a person owning real property adjacent to or fronting on any portion of a public street, alley, or other place where a sidewalk exists.

b.“Parking strip” means the area between the street line and the edge of the right-of-way, including the sidewalk and any planting area.

c.“Public Works Director” means the Public Works Director or designee.

d.“Real property” means a parcel(s), lot(s), or portions thereof.

e.“Sidewalk” means an improved (e.g., paved with concrete, mortared stone, mortared rock, mortared brick, asphaltic concrete, decomposed granite, hardscape, etc.) portion of the public right-of-way, between the property line and the roadway, set apart for pedestrian travel by curbs, gutters, bulkheads, retaining walls, barriers, markings, or other delineation. For purposes of this Article, a “sidewalk” also includes a parking strip, curbs, gutters, bulkheads, retaining walls, barriers, markings, or other delineation that sets it apart from the roadway. (Ord. 3695 § 3, 2025)

a.An owner shall repair and maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and repair and maintain it in a condition which will not interfere with the public safety or convenience in the use of the sidewalk or abutting roadway.

b.For purposes of this Article, maintenance and repair of the sidewalk area shall include, but not be limited to, sweeping, cleaning, grinding, removal and replacement, removal and filling or replacement of parking strips, removal of weeds and/or debris, trimming of shrubs and/or ground cover, so that the sidewalk 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.

c. Exceptions.

1.An owner is not responsible for conditions created or maintained in, upon, along, or in connection with such sidewalk by a third party who has a permit or right granted to them by law or by the city (e.g., encroachment permits).

2.An owner is not responsible for conditions created by a City planted or maintained tree or said tree’s roots. (Ord. 3695 § 4, 2025; Ord. 3424 § 12, 2009)

a.The notice and repair procedures set forth in this Article are alternative and supplementary to the procedures set forth in Streets and Highways Code Section 5600 et seq., as those sections now exist or may hereafter be amended. The City may follow the procedures set forth in the Streets and Highways Code or those set forth in this Article, or some combination thereof.

b. Notice Required.When the Public Works Director has actual notice of the existence of a defective sidewalk, the Public Works Director shall give written notice to the owner to repair the defective sidewalk. The Public Works Director may also give notice to the person in possession of the real property in addition to the notice given to the owner.

c. Service of Notice.The notice to repair described in subsection (b) of this section shall be served on the owner by any of the following methods:

1.Personal service on the owner.

2.Mailing the notice by first class mail, postage prepaid, to the address of the owner as set forth on the last equalized assessment roll.

3.Personal service of a copy of the notice on the person in possession of the real property if a copy of the notice is also mailed to the owner in accordance with subsection (c)(2) of this section.

4.If the notice is served on the owner by mail, the Public Works Director shall, not more than 30 days after mailing the initial notice to repair, mail to the owner an additional notice to repair marked “second notice,” containing the same information set forth in the initial notice.

d. Contents of Notice.The notice to repair shall contain the following information:

1.That the sidewalk needs to be repaired.

2.The nature of the work required to be done.

3.The manner in which the work is to be done, including specifications required by the City as to materials and technique.

4.If the repair is not commenced within the time specified in Section 32-26, or once commenced it is not completed diligently and without interruption, the Public Works Director shall, within a reasonable time, cause the City to make the required repairs and the cost shall become a special assessment recorded against the real property of the owner. (Ord. 3695 § 5, 2025)

The owner shall commence the repairs required by the notice to repair within 90 days after service of the notice to repair. Once commenced, repairs shall be completed diligently and without interruption. (Ord. 3695 § 5, 2025)

a.If the repair required pursuant to Section 32-24 is not commenced and completed within the time specified in Section 32-26, the Public Works Director shall, within a reasonable time, cause the City to make the required repairs. The Public Works Director will prepare a report specifying the repairs made, the cost, and a description of the real property fronting or adjacent to which the repairs have been made.

b.The owner is responsible to pay the cost of all work provided by the City or under the City’s direction, including administrative and inspection costs, upon receipt of an invoice from the City.

c.If the owner has not provided full payment 30 days after the date on the mailed invoice, the Public Works Director may initiate proceedings to make the cost of the work performed by the City a special assessment against the parcel(s) of property abutting or fronting the repaired sidewalk(s).

d.The Public Works Director may follow the procedure set forth in Section 1-3.02 et seq. The report to the City Council may include repairs to any number of parcels of real property, whether contiguous to each other or not. (Ord. 3695 § 5, 2025)

The property owner or other person required by Section 32-24 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 or other responsible person to maintain the sidewalk area in a nondangerous condition as required by Section 32-24, 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. 3695 § 6, 2025. Formerly 32-31.1)

Repealed by Ord. 3707. (Ord. 3695 § 7, 2025)

Repealed by Ord. 3695. (Ord. 3365, 2005)