San Leandro Municipal Code Ch. 1 Sidewalk Repair Program

The procedures set forth herein shall be applicable to the repair of, and allocation of costs for, concrete improvements in the public right-of-way.

Occupant.

"Occupant" means the property owner, renter, or tenant occupying a subject residential, industrial or commercial property.

Property Owner.

"Property owner" means the owner of the residential, industrial or commercial property abutting the public right-of-way on which damaged or deteriorated concrete improvements are located.

Sidewalk Inspector.

"Sidewalk Inspector" means the City Engineer or designee.

All determinations of the Sidewalk Inspector shall be final and conclusive as the matters decided. Failure of any person to receive notice shall neither invalidate any determination nor prevent the imposition of costs upon any property for improvements. The provisions of this Chapter are intended to supplement and not conflict with the provisions of Chapter 22, Division 7, Part 3 of the California Streets & Highways Code and Chapter 5-1 (Encroachments) of the San Leandro Municipal Code. The provisions of this Chapter shall not be construed to impose a mandatory duty upon the City or any employee, officer or agent thereof, nor shall they be construed to create any liability against the City not otherwise provided by law.

The City finds and determines that while it possesses the legal authority to impose upon benefiting properties the full cost of concrete improvements made to the public-right-of-way abutting said benefited property, that in the circumstances set forth in Section 8.1.120 hereof it desires to contribute a portion of such costs. The City reserves the right to determine otherwise and make no contribution.

Subject to the procedure established by Chapter 22, Division 7, Part 3 of the California Streets & Highways Code (Section 5600) and upon determination by the City Council, the costs for repair of concrete in the public right-of-way shall be allocated as follows:

(a) Sidewalk Damage—Street Tree Related. Damage to the public sidewalk resulting from a tree planted in the public right-of-way.

(1) ¼″ to ½″ Vertical Offset [All Offsets Measured at Their Highest Point]. The City will, at its cost, root prune the tree involved.

(2) ½″ to 1 ½″ Vertical Offset. The City will, at its cost, root prune the tree involved and patch or grind the affected area.

(3) 1 ½″ or Greater Vertical Offset. The City will, at its cost, place a temporary patch on the affected area. The City will repair the affected area by removal and replacement. The time within which such repair is undertaken shall be determined by the City's Sidewalk Inspector. The City's Sidewalk Inspector will determine the area of the sidewalk required to be repaired, and the City will bear 50% of the cost of those repairs. Any additional repairs or improvements requested by the property owner must be made at the property owner's expense.

(b) Sidewalk Damage, Non-Street Tree Related.

(1) ½″ to 1 ½″ Vertical Offset. The City will, at its cost, patch the affected area.

(2) 1 ½″ or Greater Vertical Offset. The City will, at its cost, place a temporary patch on the affected area. The City will repair the affected area by removal and replacement. The time within which such repair is undertaken shall be determined by the City's Sidewalk Inspector. The City's Sidewalk Inspector will determine the area of the sidewalk required to be repaired, and the property owner shall bear 100% of the cost of those repairs. Any additional repairs or improvements requested by the property owner must also be made at the property owner's expense.

(c) Parkway Strip Improvements.

(1) Where the parkway strip (the area between the sidewalk and curb) has been paved with concrete, the concrete is displaced or otherwise damaged, and if the City requires a concrete parkway strip, it shall be considered as sidewalk and the allocation of costs shall be provided in this section.

(2) If the City does not require that the parkway strip be concrete, the property owner will be given the option of removing the improvements and filling the void with topsoil. If the property owner fails to perform such work, the City will do so and assess the property owner for the full cost of that work.

(d) Curb and Gutter Improvements. Curb and gutter improvements which require repair will be treated as sidewalk for the purpose of determining the limits of the repairs and the cost of such repairs.

(e) Property Backing on Public Right-of-Way. Where the rear portion of a subject property abuts public right-of-way with damaged concrete improvements and there is no means of direct access from the rear of the property to the public right-of-way, the City shall pay the costs of repair unless the damage is the result of conditions on the private property or the actions of the property owner.

(f) Curb Returns. All damage in a curb return shall be repaired at no cost to the property owner.

In addition to any notice required to be given pursuant to the applicable provisions of the California Streets & Highways Code, whenever the City patches the sidewalk or root prunes a street tree to prevent further damage to the sidewalk, it shall deliver to the occupant a notice of the work completed, the condition necessitating the work, and a statement that the occupant is responsible for notifying the City of any change in the condition of the improvements.

Editor's Note: Former Title 5, Chapter 5, Community Development: Sidewalk Repair Program, was editorially renumbered to be Title 8, Chapter 1, Engineering and Transportation: Sidewalk Repair Program, during the 2005-06 republication. Former Title 5, Chapter 5 was codified administratively in 1986. Legislative history for former Title 5, Chapter 5: Resolution No. 2003-125, 06/02/2003 [§5.5.120(a)(3)]

(Resolution No. 2007-092, 07/02/2007 [§8.1.120(a)(3)]; Resolution No. 2005-156, 11/21/2005 [§§8.1.100-8.1.125]; Res. No. 2023-112, 7/17/2023 [§§8.1.100-8.1.125])