Petaluma Municipal Code Ch. 13.10 Duty of Property Owner to Maintain Sidewalks and Public

STREET LANDSCAPE PLANTERS

Prior legislation: Ord. 1879 NCS.

public.

A. The owner of a lot fronting on or adjacent to any portion of a street shall maintain any trees, shrubs, hedges

or other landscaping along said street or within the street right-of-way adjacent to his or her property in such

nondangerous condition that the trees, shrubs, hedges or other landscaping will not interfere with the public

convenience or safety in the use of the streets and sidewalks. Said owners shall maintain such street trees so that

there is a minimum eight-foot vertical pedestrian clearance from the top of the sidewalk and a minimum thirteen-

foot vertical vehicular clearance from the top of the curb, to any part of a street tree.

B. For purposes of this part, maintenance of trees, shrubs, hedges and other landscaping includes but is not

limited to: deep root watering, root pruning, installing root barriers, clearance and structural trimming, fertilizing,

pest control, and removal of branches, leaves and other debris.

C. Property owners required by this section to maintain trees, shrubs, hedges and other landscaping shall owe a

duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges or other

landscaping in compliance with provisions under this title and city-adopted pruning guidelines, in a safe and

nondangerous condition for users of the public streets and sidewalks.

D. If any fronting or adjacent property owner fails to maintain any adjacent trees, shrubs, hedges or other

landscaping in a nondangerous condition as required by this section, and any person suOers damage or injury to

person or property, the fronting or adjacent property owner shall be liable for all damages or injuries caused by

the failure of the owner to maintain these areas.

(Ord. 1970 NCS § 3, 1994.)

planters.

A. 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, 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. For the purpose of this chapter, maintenance and repair of sidewalk area shall include, but not be limited to,

maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and

maintenance of curb and gutters, removal of impervious paving materials from street tree planting strips, or other

right-of-way 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, so that the sidewalk area 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.

C. Anything in this chapter to the contrary notwithstanding, with respect to maintenance and repair of sidewalk

areas and the making, conLrming 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 eOect or may hereinafter be amended. Should the city choose to

proceed under Chapter 22 of Division 7, Part 3 of the Streets and Highways Code, notwithstanding the provisions

of Section 5614, of the State Streets and Highways Code, the director of public works may, in his or her discretion,

and for suNcient cause, extend the period within which required maintenance and repairs of sidewalk area must

commence by a period not to exceed seventy-four days from the time the notice referred to in Section 5614 is

given. Costs recoverable by the city may include a charge for the city of Petaluma’s costs of inspection and

administration whenever the city awards a contract for such maintenance and repair and including the costs of

collection of assessment for the costs of maintenance and repair or the handling of any lien placed on the

property due to the failure of the property owner to promptly pay such assessments.

1. When the director of public works has actual notice of sidewalk areas in need of maintenance and/or

repair, the director may give written notice to the owner and/or persons in possession of the lot, or lots or

portions of lots fronting the sidewalk directing that the sidewalk area be maintained and/or repaired. Notice

may be given by personal delivery or by mail.

2. Maintenance/repair notices will include:

a. The work required to be done and the city’s cost estimate for the work.

b. The date by which the work must be commenced.

c. Notice that if the work is not commenced by the speciLed date, and once commenced is not

diligently pursued without unreasonable interruption, the director may commence and/or complete the

work and the cost may be made a lien and/or special assessment on the lot or lots.

d. Notice that owners and persons in possession of lots subject to maintenance/repair notices may

perform the work or have the work performed by licensed contractors, or have the city perform the

work.

e. Notice of availability of city Lnancing for the work.

3. If persons given maintenance/repair notices do not commence work or contact the city to commence

work within seven days of the date of the notice, the director may give a second maintenance/repair notice at

least seven and not more than fourteen days after the date of the initial notice.

4. The director may, in his or her sole discretion, upon determining it is warranted, extend by up to seventy-

four days the date by which the work must be commenced.

5. If after being given notice, owners or persons in possession of lots subject to maintenance/repair notices

fail to commence work or arrange with the city to have the work commence by the date speciLed in the

notice, or by any extended date granted by the director, the director may commence and complete the work

and the cost may be made a lien and/or special assessment on the lot or lots fronting the sidewalk area

subject to the notice. In the director’s sole discretion, the director may choose to commence and complete

the work using contractors of the city or city employees, or a combination of both.

6. If the city has provided notice that city Lnancing is available, owners and persons in possession of lots

may request city Lnancing for the work. City Lnancing requires execution of a city Lnancing agreement. City

Lnancing is subject to payment of an administrative fee and interest charged at the prime lending rate. City

Lnancing agreements will have a maximum term of three years and minimum monthly payments of one

hundred dollars.

7. Property owners and persons in possession of lots are responsible for paying the city on receipt of the

city’s invoice for the cost of work performed by or on behalf of the city for sidewalk maintenance/repair under

this section, including any administrative, inspection or other charges incurred by the city.

8. Where property owners and persons in possession of lots fail to pay the city all invoiced costs within

   thirty days from the date of the invoice, the city in its sole discretion may choose to collect amounts owing

   through a collection agency, and costs of collection, including attorney’s fees, and interest, from such owners

   and persons in possession of lots, or to make such amounts a lien and/or special assessment on the lot or

   lots fronting the sidewalk area subject to the invoice.

   9. The city may initiate liens or special assessment proceedings on amounts owed the city under Lnancing

   agreements or for sidewalk work done by or on behalf of the city under this section as follows:

   a. The city will provide property owners and persons in possession of lots who owe the city amounts

   for sidewalk maintenance/repair costs and any related applicable charges, notice of the date, time and

   place where the city council will hear a report on the costs owed and any objections or protests of any

   property owner liable to be assessed the costs, and any other interested persons. Notice will be given in

   the same way as notice directing sidewalk maintenance or repair.

   b. The city council will receive a report specifying maintenance and repairs made, the cost, the

   amounts owed the city, including in addition to maintenance/repair costs applicable related charges, a

   description of the lots in front of which the maintenance/repair has been performed, and the

   assessment proposed to be levied against each lot. The report may include maintenance/repair to any

   number of lots, which need not be contiguous.

   c. At the date, time and place noticed for the hearing on the report, the city council will hear the report

   and any objections or protests of property owners liable to be assessed the costs and of any other

   interested persons. The city council may modify the report as it deems just and by resolution conLrm the

   report. The city council’s decision on any objections and protests shall be Lnal and conclusive.

   d. Maintenance and repair and related costs conLrmed by the city council and assessed against lots

   fronting sidewalk on which maintenance/repair was performed, if not paid within Lve days after city

   council conLrmation, will be a special assessment and a lien on the lots so assessed which will continue

   until the assessment and all interest and other charges are paid or until they are discharged.

   e. The city may Lle a lien certiLcate with the Sonoma County recorder in accordance with California

   Streets and Highways Code Section 5626 as that section may be amended and in accordance with any

successor statute. The lien certiLcate may include liens against one or more lots. After recording the lien

certiLcate, all persons are deemed to have notice of the lien, and the statute of limitations will not run

against the city’s right to enforce payment of the lien. The city may Lle and maintain an action to

foreclose any lien not paid in the same manner and using the same procedure, as applicable, as for

delinquent bonds foreclosed under Division 7 of the Streets and Highways Code.

f. As an alternative method of collecting liens under this section, after conLrming the director’s report,

the city council may order notice of the lien(s) to be delivered to the county auditor, who shall enter the

amount(s) on the county assessment book opposite the description of the particular property(ies) and

the amount(s) shall be collected together with all other taxes against the property(ies). The notice of

lien(s) shall be delivered to the county auditor before the date Lxed by law for the delivery of the

assessment book to the county board of equalization. The lien amounts shall be collected at the same

time and in the same manner as ordinary city taxes, and shall be subject to the same penalties and

interest and to the same procedure under foreclosure and sale in case of delinquency as provided for

ordinary city taxes. All laws applicable to the collection and enforcement of city and county taxes are

applicable to such special assessment taxes.

D. All existing public street landscape planters shall be retained and preserved for the purpose of providing live

landscaping along the frontages of city streets. To this end, covering, paving, sealing, or Llling of public landscape

planter areas with impervious materials shall be prohibited. Failure to comply with this section shall be deemed a

violation of this chapter.

E. For purposes of this section, "sidewalk" includes a park or parking strip maintained in the area between the

property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the

protection of any sidewalk or of any such park or parking strip in accordance with the deLnition in California

Streets and Highways Code Section 5600, as that section may be amended and in accordance with any successor

statute.

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 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 director of public works.

Subsequent to adoption of this chapter, any unauthorized work conducted within public right-of-way landscape

areas shall be brought into conformance with the intent and provisions of this chapter, and other applicable

provisions of the Petaluma Municipal Code pertaining to encroachments on city property and destruction of public

landscaping. Such unauthorized work shall constitute a violation of this chapter and is punishable as an infraction,

subject to provisions set forth under Chapter 13.08 of this title. The city shall further require removal of any

impervious material installed, and restitution of any previously existing landscaping.

(Ord. 2571 NCS §§1(a), (b), 2016; Ord. 1970 NCS § 3, 1994.)

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 the 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 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, any person suOers injury or damage to person or property, the property owner

shall be liable to such person for the resulting damages or injury. (Ord. 1970 NCS § 3, 1994.)