Article 6 — MAINTENANCE AND REPAIR OF SIDEWALKS.

The following definitions apply this article:

• a. "Maintenance and repair of sidewalk area" includes, but is not limited to, maintenance and repair of surfaces including grinding; removal and maintenance of curb and gutters; removal of impervious paving materials from street tree planting strips, or other right-ofway landscape planters; removal of weeds and/or debris; 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 planting strips and curbs. Sidewalk areas shall be repaired and maintained so that they 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.

• b. "Sidewalk" shall have the same meaning as in Section 5600 of the California Streets and Highways Code, as it may hereafter be amended.

• a. Obligation to Repair Maintain. The owners 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 landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.

• b. Preservation of Public Street Landscaping. All existing public street landscape planters shall be retained and preserved for the purpose of providing live landscaping along the frontages of City streets, unless City-approved plans for the public right-of-way provide otherwise. To this end, covering paving, sealing, or filling of public landscape planter areas with impervious materials shall be prohibited. Failure to comply with this section shall be deemed a violation of this article. When, during the course of a development project, it is necessary to remove or reconstruct public street improvements (i.e. curb, gutter, sidewalk), such improvements shall be reconstructed to preserve or reestablish any shall previously existing landscape planter. Existing street trees and other landscaping shall be preserved to the extent possible, or new landscaping installed to the satisfaction of the City Engineer. Subsequent to adoption of this article, any unauthorized work conducted within the public right-of-way landscape areas shall be brought into conformance with the intent and provisions of this article, and other applicable provisions of the Code pertaining to encroachments on City property and destruction of public landscaping. Such unauthorized work shall constitute a violation of this article and is punishable as an infraction subject to provisions set forth under Chapter 1.5 of this Code. The City shall further require removal of any impervious material installed, and restitution of any previously existing landscaping.

• c. Driving on or over a sidewalk is both illegal and dangerous. Unless a person is either crossing a sidewalk when entering a parking lot, or leaving or entering a driveway to and from a home, no one is permitted to drive a vehicle on or over the sidewalk. Sidewalks are for pedestrian use only per California Vehicle Code Section 21663. Any property owner

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.604

§ 6.2.610

who damages the curb, gutter, and sidewalk, as a result of illegally driving over a sidewalk or ADA ramp, shall not be allowed to participate in the City’s 50-50 Curb, Gutter, and Sidewalk Replacement Cost Sharing Program.

(Ord. 12-18, 8/14/2018)

Anything in this section to the contrary notwithstanding with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the City may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the State as the same is now in effect or may hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks, The required maintenance and repairs of sidewalk area must commence within 30 days of notification. Costs recoverable by the City may include a charge for the City’s costs of inspection and administration whenever the City awards a contract for such maintenance and repair of the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments.

The property owners of lots or portions of lots fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lots and street line, and any persons in possession of such lots by virtue of any permit or right, shall owe a duty to members of the public to keep an maintain the sidewalk area in a area and nondangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a nondangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner or possessor to maintain or repair the sidewalk areas as required by this article, the property owner or possessor of property shall be liable to such person for the resulting damages or injury.

• a. Notice of Ordinance. Within 60 days of the effective date of this section, the City Manager shall print a letter within a newspaper of local circulation informing the community that property owners and tenants are required to maintain and repair sidewalks upon their property, or shall provide similar notice in a manner designed to inform City property owners and residents of the effect of this section.

• b. Notice of Repair. Whenever a portion of the sidewalk needs repair or endangers the public’s use of such sidewalk, the person whose job it is to maintain streets shall notify the owner and person in possession that such sidewalk needs repair. If the owner does not fix the sidewalk within 30 days, the City will fix the property and all costs may become a lien upon the property, pursuant to Section 6.2.606.

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.702

§ 6.2.702