Parlier Municipal Code Ch. 12.12 Protection of Public Property

Footnotes:

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* For statutory provisions authorizing cities to require removal of encroachments from public ways, see Gov. Code §38775; for the statutory provisions regarding abandoned excavations, see Gov. Code §50230 et seq.

No person shall cut, break, deface or injure any grass plot, tree, shrub, street, public walk, park or other public place in this city, or break or injure any lamp post, or extinguish, during the nighttime, any light maintained for public convenience or safety within the city, without lawful authority, or remove or cause the removal of any street guide, or any portion thereof, from any public camp or post, or obliterate, deface, destroy or interfere with any street guide or any portion thereof upon or attached to any fence, post or any public lamppost, or obliterate, deface or remove any public number upon any house, door, building, or public place.

(Ord. 02-02 §27 (part), 2002: Ord. 6 §21, 1922).

No person shall, in any manner, or for any purpose:

A. Break up, dig up, disturb, undermine, or dig under or cause to be dug up, broken up, disturbed, undermined or dug under, any public street, highway or place;

B. Tear up, break or loosen any stones, lumber, planks, blocks or materials of a bridge, street or alley;

C. Take or carry away any stones, lumber, planks, blocks, or materials on a bridge, street or alley;

D. Fill in, put, place thereon or deposit in or upon any public street, highway or place, any earth, sand, dirt, clay, manure or rock, without an encroachment permit duly issued by the city.

(Ord. 02-02 §27 (part), 2002: Ord. 6 §22, 1922).

Any person who, being permitted so to do, as aforesaid, shall have broken up, dug up, disturbed, undermined, or dug under any public street, highway or place, shall as soon as possible, complete the work which he is authorized to do, and shall without delay, put the street, highway or place in as good condition as it was before such work was done; and shall remove all surplus sand, clay, earth, dirt, manure or rubbish.

(Ord. 02-02 §27 (part), 2002: Ord. 6 §23, 1922).

Any person by whom, or under whose immediate direction or by whose immediate authority as principal, contractor, or employer, any portion of a public street is made dangerous, shall erect, and, so long as the danger may continue, maintain around the portion of the street or highway so made dangerous, a good and substantial barrier, and shall cause to be maintained, during every night from sunset to daylight, lighted lanterns at the points of danger sufficient to give fair warning from every point of approach.

(Ord. 02-02 §27 (part), 2002: Ord. 6 §24, 1922).

No person, either as owner, contractor, agent, employee or servant, shall maintain upon any street, sidewalk or alleyway, either temporarily or permanently, for the purpose of building, repairing or convenience, any hole, break, cavity or dangerous obstruction, unless the same is substantially protected from danger of accident.

(Ord. 02-02 §27 (part), 2002: Ord. 6 §26, 1922).

A. Duty to Keep Sidewalks and Alleys Clear. The owners of all properties in the city shall keep the sidewalks and alleys adjoining such properties clean and clear of grass, weeds, and debris.

B. Duty to Maintain Sidewalks. The owners of all properties in the city located adjacent to or fronting on any portion of the sidewalk area between the property line and the street line shall repair and maintain such sidewalk areas.

C. Maintenance and Repair. For the purposes of this section, maintenance and repair of sidewalk areas shall include, but not be limited to, maintenance and repair of surfaces including grinding, curb and gutters, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of trees, shrubs and/or ground cover, and trimming of trees and shrubs within the area between the property line and the street pavement line, including parking strips and curbs, so that the sidewalk area remains in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and does not interfere with, obstruct, or impair the visibility of persons using the sidewalk or the adjacent streets.

D. Liability for Injuries. The property owner required to maintain and repair the sidewalk area shall owe a duty to all persons using the sidewalk and adjacent streets to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by this section, a person suffer injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

E. Notice to Repair. Where the city has actual notice of the existence of a dangerous or damaged sidewalk, the public works director, or their designee, may give written notice as required by Streets and Highways Code Sections 5612, 5613, and 5614.

F. Encroachment Permit Required for Repairs. Prior to commencing repairs, the property owner or person in possession of the property shall apply for and obtain an encroachment permit from the public works department. For the purposes of this section, the property owner or person in possession of the property is deemed to have timely commence the repair of the defective sidewalk by filing of an application for an encroachment permit provided such filing is within the time period specified in the notice to repair. The materials and construction work shall be in strict conformance with the applicable portions of the city's standard specifications as they now exist, or as they may hereafter be amended.

G. Request for City to Perform Repairs. The property owner may request that the city perform the repair work. If so requested, the city may, at its sole discretion, agree to perform the repair work with city forces, or may contract with a vendor of the city's choosing to perform the work. In either case, the property owner shall remain responsible for all costs of the repair.

H. Failure to Make Required Repairs. If the property owner or person(s) in possession of the property provided with a notice to repair fails to commence the repairs within the time period specified in said notice, or timely commences the repair but fails to diligently pursue the same without interruption to completion, the public works director, or their designee, may thereafter cause the city to make the required repairs and bill the property owner or person(s) in possession of the property for the cost thereof, pursuant to Sections 5615, 5616, 5617, and 5618 of the California Streets and Highways Code.

(Ord. No. 2015-01, § 1, 6-17-2015)

Editor's note— Ord. No. 2015-01, § 1, adopted June 17, 2015, amended this section in its entirety to read as herein set out. The former section pertained to penalty, and derived from Ord. No. 02-02, § 28, 2002. For current provisions regarding penalty, see § 12.12.070.

Any person convicted of violating any provision of this chapter shall be guilty of an infraction, and shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. No. 2015-01, § 2, 6-17-2015)