Chapter 12.04 — SIDEWALK REPAIR AND RECONSTRUCTION

This chapter shall be known and designated as the "sidewalk ordinance."

(Ord. 3665 § 17, 1942)

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

A.

"City" means the City of Pasadena.

B.

"Engineer" means the city engineer and superintendent of streets.

C.

"Owner" means any person, firm or corporation, or the agent or representative of any person, firm or corporation in which is vested the title to any parcel of real property posted under this chapter.

D.

"Repair" includes the repair, replacement, restoration or improvement of any sidewalk.

E.

"Sidewalk" includes any surface provided primarily for the use of pedestrians within the city.

F.

Words used in the plural include the singular and those used in the singular include the plural.

(Ord. 3800 § 1, 1944; Ord. 3665 § 1, 1942)

(Ord. No. 7348, § 6, 6-10-2019)

When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property, or in condition to interfere with the public convenience in the use thereof, the engineer, in the manner provided, shall notify the owner or person in possession of the property abutting or fronting on that portion of the sidewalk so out of repair, to repair.

(Ord. 3665 § 2, 1942)

In addition to any regular or special sidewalk inspection which may occur, the city shall inspect the condition of the sidewalk abutting or fronting on a particular piece of property prior to the issuance of any single-family or multifamily occupancy permit or any building permit for work in excess of $5,000.00 pertaining to occupancy or construction on that property and issued after January 1, 1993. All such permits, prior to final issuance, shall require a notation that a sidewalk inspection was completed and that either the sidewalk is not in need of repair, that repair has been completed or that repair has been bonded to the satisfaction of the engineer.

(Ord. 6414 § 1, 1991)

Any driveway approach which leads to private property where the driveway or parkway area has been abandoned, fenced off, or otherwise is not used as a legal off-street parking or delivery area, is hereby declared to constitute a sidewalk out of repair and in a condition to interfere with the public convenience in the use of the sidewalk. Any such driveway approach shall be subject to the provisions of this chapter and shall be closed by the abutting property owner upon order of the engineer as provided herein.

(Ord. 6058 § 1, 1984)

The notice to repair shall describe the work to be done, designate the materials to be used and specify the manner in which the work shall be done and shall be substantially in the following form:

 "NOTICE TO REPAIR (sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip). The owner of the property described as follows _______ commonly known as _______ is hereby ordered to repair the (sidewalk, curb, driveway, bulkhead, retaining wall, park, or parking strip), in front of or abutting said property in accordance with specifications No._____ on file in the office of the City Engineer and Superintendent of Streets of the City of Pasadena, and all ordinances of the City of Pasadena pertaining thereto within ten (10) days from the date hereof, or to appear before the legislative body of the city at a regular meeting thereof, held within said ten (10) days, and show cause why said work should not be done or why the time therefor should be extended. If the work herein indicated is not commenced within the time fixed herein, or any extension thereof granted by said legislative body, the said city engineer and superintendent of streets will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property pursuant to Ordinance No._____.

Estimated Cost of Repair $_____

Dated________

---

City Engineer and Superintendent of Streets of the City of Pasadena."

The title to the notice shall be in letters not less than 1 inch in height and the body of the notice shall be printed in not less than 12 point type.

All words in parentheses above, except that or those to be covered by the notice, shall be lined out.

(Ord. 3870 § 1, 1946: Ord. 3665 § 3, 1942)

The notice to repair shall be posted in a conspicuous place on each parcel of property abutting or fronting on the sidewalk out of repair.

(Ord. 3665 § 4, 1942)

Within 3 days after posting of the notice, as provided in Section 12.04.050, the engineer shall cause a notice similar in form and substance thereto to be mailed postage prepaid to the owner of such property, as his name and address appear on the records in the office of the city assessor, tax and license collector of the city.

(Ord. 3665 § 5, 1942)

The owner of such posted property may appeal to the legislative body of the city and show cause why the work should not be done or why the time therefor should be extended. Such appeal shall be in writing and shall be filed with the city clerk of the city at such time that it can be heard by the legislative body at a regular meeting of said body held within 10 days from the date of posting notice. The legislative body shall hear and pass upon such appeal within 10 days from the date of posting notice, and its determination thereon shall be final and conclusive.

(Ord. 3870 § 2, 1946: Ord. 3665 § 6, 1942)

Unless the repair required in the notice shall be commenced by said owner within 10 days from the date of posting notice as hereinbefore provided and diligently prosecuted to completion, or in case of an appeal to the legislative body of the city, within 10 days from the date of the determination thereof, unless such appeal is sustained, the engineer shall forthwith repair the sidewalk. If upon appeal to the legislative body the requirements of the original notice are modified, in making such repair the engineer shall be governed by such modification.

(Ord. 3665 § 7, 1942)

A.

The engineer shall cause to be kept in his office a permanent record containing:

The description of each parcel of property upon which a notice to repair has been posted, as herein provided;

The name of the owner, if known;

The date on which the notice was posted;

The charges incurred by the city in causing the repair to be made and all incidental expenses in connection therewith; and

All penalties for delinquencies in the payment thereof as hereinafter provided.

Each such entry shall be made as soon as practicable after completion of such act.

B.

In the event that the city makes the repair or causes it to be made, the charges incurred therefor shall be determined by the engineer, and he shall prepare and mail a bill for the same to the last known address of the owner of the posted property.

(Ord. 3665 § 8, 1942)

A.

From and after the date of entry in the permanent record of the charges incurred by the city for said repair, the charges shall become a lien against the posted property.

B.

The lien shall be enforced in the manner hereinafter provided.

(Ord. 3665 § 9, 1942)

A.

The notice shall be published once in a newspaper of general circulation in the city and shall further contain a statement that payment on account of charges made for repair of any sidewalk of the city pursuant to the provisions of this chapter, will be delinquent from and after 5 p.m. on the 5th day of February next succeeding the date of publication of the notice, and that the penalty to be thereupon imposed for nonpayment of such charges made by the city after hearing and adjustment by the legislative body of all appeals will be in an amount established by resolution adopted by the board of directors, plus the cost of publishing the notice.

B.

Unless the charges constituting the lien, provided for in Section 12.04.090, are paid in full before 5 p.m. on the 5th day of February next succeeding the date of publication of the aforesaid notice, an additional fee in the amount established by resolution adopted by the board of directors, plus the costs of publishing the aforesaid notice as hereinabove provided shall be added to said charges and become a part of such lien.

(Ord. 5568 §§ 36, 37, 1982; Ord. 3957 §§ 1, 2, 1947: Ord. 3665 § 10, 1942)

A.

As an alternative method of enforcing liens in excess of $25.00 provided for in this chapter, the legislative body of the city at the meeting held pursuant to Section 12.04.110A may direct the engineer in writing to file a notice of lien with the county recorder of the county of Los Angeles and may provide therein that the lien may be paid off in not to exceed 5 annual installments with interest at 6% per year. Said direction shall set forth the number of annual payments to be permitted. The notice of lien shall be substantially in the following form.

"Pursuant to the authority vested in me by Ordinance No._____ of the City of Pasadena, I did, on the ___ day of , 19, cause the sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip or other works (as the case may be) in front of or abutting the real property hereinafter described to be repaired, and the legislative body of said city at its meeting held on the ___ day of , 19, pursuant to section 10(a) of this ordinance did assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city does hereby claim a lien on said real property in the sum of _____ Dollars ($_), and the same shall be a lien upon said real property until the said sum, with interest at the rate of six percent (6%) per annum, from the said ___ day of __, 19, (Insert date of confirmation of assessment) has been paid in full and discharged of record.

The real property hereinbefore mentioned upon which a lien is claimed, is that certain parcel of land lying in the City of Pasadena, County of Los Angeles, State of California, and particularly described as follows, to wit:

---

(Description of property)

Dated this ___ day of________, 19___.

---

City Engineer and Superintendent

of Streets of the City of Pasadena"

B.

In the event that the annual payments on the lien as hereinbefore provided are not paid on or before the 15th day of August of each year, a penalty of 10 percent of the amount of the remaining charges shall be added to said charges and become a part thereof and the whole shall become due immediately.

C.

Whenever under the provisions of this section the legislative body directs the engineer to file a notice of lien, a copy of said directions shall thereupon be sent to the city controller and the engineer shall file a copy of the notice of lien with the city controller and he shall make and enforce collection of such lien.

(Ord. 3665 § 11, 1942)

On or before the 15th day of August of each year the engineer shall deliver to the city controller of the city an abstract of all unpaid charges in the permanent record for the preceding calendar year ending November 30th, except those charges which are being paid by installments as provided in Section 12.04.120. Such abstract shall show the property affected and the amount charged against the same pursuant to the provisions of this chapter. The city controller shall thereupon note the amount of each such lien on the assessment books for the city taxes against the respective parcels charged and thereafter the amount of each such lien shall be collected in the same manner, at the same time and be subject to the same additional penalties as are established for the payment of general city taxes. Any and all charges hereunder made against any parcel of land which shall have been paid prior to the delivery to the city controller of such abstract shall be noted by an appropriate entry in the permanent record by the engineer indicating that the charge has been so paid.

(Ord. 3665 § 12, 1942)

Proof of the publication, posting or mailing of any notice, order or determination provided for in this chapter shall be made by the affidavit of the printer of the newspaper in which published, his foreman or principal clerk, or the person posting or mailing the notice, order or determination annexed to a copy of such order, notice or determination published, posted or mailed, as the case may be, and specifying the time when, or at which the same was published, posted or mailed, as the case may be. It shall be the duty of the engineer to keep among the official records of his office the affidavits of publication, posting or mailing herein provided for, and no error in the name or address and no failure to receive a copy of the notices mailed as herein provided shall affect in any manner the validity of the procedure or of any lien imposed hereunder.

(Ord. 3665 § 13, 1942)

A.

The amount of any charge or any portion of the amount of any charge made a lien on property pursuant to the provisions of this chapter, 1. which has been or shall be paid more than once, or 2. which has been or shall be erroneously or illegally collected, or 3. where an amount in excess of the amount chargeable has been or shall be paid, or 4. where the amount charged was not chargeable to the person or the property of the person paying the same under the provisions of this chapter, by reason of a mistake or clerical error of the officers or employees of the city, may be refunded to the person entitled thereto by order of the legislative body of the city, in the same manner and to the same extent and under the same provisions as now or hereafter provided by law for the refunding of payment of general city taxes.

B.

At any time after the assessment book for general city taxes has been received by the city assessor, tax and license collector, the owner of any property affected by charges herein made a lien on said property, may claim that the same is void in whole, or in part, and may pay the charges under protest, which protest shall be in writing and shall specify whether the whole of the charges is claimed to be void, or if a part only, what portion, and in either case the grounds upon which the claim is founded. When such charge is so paid under protest, in no case shall the payment be regarded as a voluntary payment, and such owner may at any time within 6 months after such payment file suit to recover the same in the same manner as is now or may hereafter be provided in Section 3819 of the Political Code of the state of California.

(Ord. 3665 § 14, 1942)

No charge, or any act relating to such charge or the collection of the same hereunder, shall be illegal on account of informality, or because the same was not completed within the time required by law.

(Ord. 3665 § 15, 1942)

The city board of directors, by resolution, may establish a fee or schedule of fees to be imposed for the processing of an application for a street vacation pursuant to Division 9, Part 3 of the Street and Highway Code of the State of California, and said fee shall be paid to the city at the time of submittal of the application for said street vacation.

(Ord. 5568 § 39, 1982)

A.

Property owners of single-family residences and small multi-family residential units of four units or less may apply to the city for reimbursement of certain costs incurred in repair of damaged sidewalks and driveways abutting those residences and residential units. Application must be made to the director of public works prior to undertaking repair and shall be on forms provided by the city.

B.

To qualify for reimbursement the following requirements must be met:

The sidewalk or driveway must meet the minimum criteria of damage established by the department of public works. This shall be verified by an on-site inspection.

The repair work must be inspected and approved by the city. Such work must conform, at a minimum, to all applicable ordinances and to standards established by the director of public works pursuant to this section.

C.

The director of public works shall issue standards which govern repair work. Such standards shall include, without limitation, eligible repair work and eligible repair costs. Such standards shall be consistent with standards established for the ongoing program of citywide repair of damaged sidewalks and driveways.

D.

Upon approval by the city of completed repairs, the city shall reimburse the property owner the approved costs of approved repair work in accordance with procedures established by the city manager.

E.

There shall be no reimbursement for repair work performed after January 1, 1993.

(Ord. 6460 § 1, 1991)