Nevada City Municipal Code Ch. 12.04 Sidewalks

Public necessity and convenience and the safety and protection of pedestrians require the laying, construction, reconstruction, repairs and maintenance of many of the sidewalks bordering on the public streets of Nevada City. It would be unpractical and unreasonably expensive for the city, through its city council, to enact an ordinance applicable to each individual case or instance where such laying, construction, reconstruction, repair or maintenance of such sidewalk is necessary or proper, and therefore, this general chapter is enacted, applicable to the entire city, providing for the laying, construction, reconstruction, repair and maintenance of sidewalks therein.

(Ord. 85-6 § 2, 1985)

It is the intent of this chapter to provide alternative and supplementary procedures concerning sidewalk repairs to the procedure set forth in the Improvement Act of 1911. The city, in each instance, may follow the procedure set forth in the Act or the procedures set forth in this chapter or some combination thereof.

(Ord. 85-6 § 11, 1985)

Whenever, in its judgment, the city council deems it necessary, proper or convenient that the sidewalk adjoining any lot or block or any portion of any lot or block of land within the city and which borders on any of the public streets, is in need of laying, construction, reconstruction or repair such council may, by resolution entered upon its minutes, declare such to be the feet, and may order the laying, construction, reconstruction or repair of such sidewalk to be done by, and at the expense of, the owner of the land and premises to which such sidewalk adjoins or abuts. Such order shall specify the length and width of such proposed sidewalk, the material of which the same shall be constructed, and such other specifications as will enable the owner of the premises, in front of which sidewalk is proposed to be constructed, reconstructed or repaired to know the requirements of the order. Such order shall also prescribe the time within which the construction, reconstruction or repair of such sidewalk shall be completed. Such work, where performed by the owner of the adjoining premises, shall be done under the supervision of the city superintendent of the public works. A copy of such resolution and order, signed by the city clerk, shall, within five days of the making of same be served by the city superintendent of the public works upon the owner, agent or occupant of the premises to which such proposed sidewalk adjoins and another copy posted upon such premises.

(Ord. 85-6 § 3, 1985)

A. If, within the time fixed under Section 12.04.010 of this chapter, or such further time as may be granted by the city council, the owner of the premises to which such proposed sidewalk adjoins shall neglect or refuse to complete the construction, reconstruction, repair or maintenance of such proposed sidewalk, the city, under the supervision of its superintendent of public works, shall cause such construction, reconstruction or repairs to be done and shall furnish all labor and materials necessary for completion of the work The city, upon the completion of the work, shall have and there is hereby granted to it, a lien upon the premises to which such sidewalk adjoins for the amount of money expended by it and for the labor and materials so furnished and may, within thirty days after the completion of the sidewalk, file its claim of lien in the office of the county recorder, and at any time within ninety days from the date of such filing, may commence and maintain in the court of competent jurisdiction an action for the foreclosure of such lien.

B. The provisions of Sections 3082 through 3267 of the Civil Code of the state of California, relative to enforcement of liens of mechanics and others, in so far as they can be made to apply to this chapter, are made applicable to the filing and foreclosure of liens under this chapter.

(Ord. 85-6 § 5, 1985)

Without resorting to the procedure of filing and foreclosing a lien, as provided for in Section 12.04.030 of this chapter, the city shall have, and there is granted to it, a right of action in a suit at law against the owner of the premises which adjoins any sidewalk constructed, reconstructed, repaired or maintained by it under the provisions of Section 12.04.010 of this chapter, for all moneys expended by it for labor, materials and supplies furnished by it in the performance of the work.

(Ord. 85-6 § 6, 1985)

It shall be the duty of all owners, and their tenants, of real property within the city whose property borders any sidewalk to maintain the sidewalk in a safe condition for its use by pedestrians and other members of the public. The duty created by the ordinance shall include the duty to keep the sidewalk free and clear of all dirt, sand, gravel, filth, rubbish, ice and snow. If, as the result of the failure of the landowner and/or tenant to keep the sidewalk maintained in a safe condition, any person while exercising ordinary care to avoid the danger and who suffers damage to his person or property through any unsafe conditions on the adjoining sidewalk, may have recourse for damages thus suffered against the landowner and/or tenant failing to maintain the sidewalk in a safe condition.

(Ord. 85-6 § 4, 1985)

Any tenant of real property in the city shall report to the city manager in writing the fact that any defective sidewalk exists in front of or along the side of the property occupied by him or her.

(Ord. 85-6 § 7, 1985)

If, in consequence of any sidewalk being defective and in condition to endanger persons passing thereon, any person, while exercising ordinary care to avoid danger, who suffers damage to his or her person or property through any defect of a sidewalk, may have recourse for damages thus suffered against the person failing to repair such defect or the person failing to report the defect.

(Ord. 85-6 § 9, 1985)

In the event that the defect is caused by a tree root, the city manager shall have the power and authority to cut such root or to give permission to cut the same.

(Ord. 85-6 § 10, 1985)

The city manager, through the proper departments, shall enforce this chapter.

(Ord. 85-6 § 8, 1985)