San Ramon Municipal Code Ch. VI Sidewalk/Driveway Repair and Replacement

Contents: C6-195. - Intent. C6-196. - Definitions. C6-197. - Duty of maintenance and repair. C6-198. - Liability of owner to public. C6-199. - Declaration of public nuisance. C6-200. - Permits. C6-201. - Enforcement. C6-202. - Continuing violation.

There are approximately four hundred and seventy miles of sidewalks maintained by the City of San Ramon. In some instances repair is required as the result of the actions of an adjoining property owner, for example by allowing tree roots to damage the sidewalk. With respect to certain commercial and industrial properties, the volume of vehicle traffic as well as heavy trucks crossing the sidewalk to access the place of business results in damage to the sidewalk and the driveway. The intent of this Chapter is to: A. Require that the owners and those in possession of real property adjoining city-owned sidewalks be responsible for maintenance of those sidewalks, including driveways accessing the sidewalk in the case of commercial or industrial properties; and B. Impose liability to the public on such owners for injuries or property damage resulting from failure to maintain the sidewalk in a non-dangerous condition.

It is not the intent of this chapter to absolve the City of San Ramon from any liability. This Chapter is adopted by the City of San Ramon under its authority as a Charter City. (Ord. No. 465, § 1, 6-14-2016)

As used in this chapter: Owner means the fee owner of real property and the person in possession of the property. Sidewalk area means the area between the property line of a parcel and the edge of the street pavement. City of San Ramon, CA | Municipal Code 545

Maintenance and repair means all actions necessary to insure that the sidewalk area remain in a condition that is not dangerous to property or persons using the sidewalk area in a reasonable manner and in a condition which does not interfere with the convenience of the public in using the sidewalk area. Such actions include but are not limited to grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, tree root pruning, installation of root barriers, trimming shrubs/ground cover and removal of weeds/debris. (Ord. No. 465, § 1, 6-14-2016)

The owner of real property adjoining any portion of a sidewalk area shall maintain and repair the sidewalk area and shall pay the cost of such maintenance and repair. For owners of commercial or industrial properties with driveways crossing sidewalk areas, this obligation shall include any work outside the sidewalk area on the private property of owner or within the adjoining street pavement deemed necessary by city for completing the repair. No owner shall be responsible for damage to the sidewalk area caused by trees owned by the City of San Ramon. (Ord. No. 465, § 1, 6-14-2016)

The owner required under this chapter to maintain and repair a sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. Failure of an owner to maintain and repair the sidewalk area constitutes negligence and the owner shall be liable for any damage to person or property resulting from that negligence. (Ord. No. 465, § 1, 6-14-2016)

Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a public nuisance within the provisions of Section B6-161 et seq. of the Municipal Code notwithstanding the fact that the sidewalk area within which the condition exists is public property. (Ord. No. 465, § 1, 6-14-2016)

Prior to commencing maintenance or repair work an owner shall obtain an encroachment permit, if required, as well as any other approval required for such work and shall meet all city standards in performing the work. (Ord. No. 465, § 1, 6-14-2016)

The public works director or the director's designee shall act on behalf of city in implementing this chapter. Prior to any enforcement action, the director shall give the owner no less than thirty calendar days to commence any required maintenance and no less than one hundred eighty calendar days for completing any required repairs. In cases where damage to the sidewalk is the result of root damage from a tree on adjoining property, the director is authorized to make the sidewalk repairs at city expense so long as the property owner removes the tree at the owner's expense.

City of San Ramon, CA | Municipal Code 546

The owner shall be given written notification of the required work sent by certified U.S. Mail or delivered in person. Within fifteen calendar days from the date of the notice, the owner may appeal the determination of the director to the city council by submitting an appeal letter to the city clerk. This right of appeal shall be explained in the director's notification letter to owner. The notice shall provide owner the options of requesting that city make the required repairs or of owner making the repairs following issuance of an encroachment permit. If owner requests that the city make the repairs, the cost of the work shall be apportioned and paid fifty percent by the owner and fifty percent by the city. The city shall not share in the cost of repair work done by owner. If the work is not completed within the time provided in the notice, or any time extension given by the director, the violation may be enforced in any manner provided by law, specifically including, but not limited to:

1. Issuance of an administrative citation pursuant to section A1-27 et seq. of the Municipal Code;
2. Abatement of the violation as a public nuisance pursuant to Section B6-131 et seq. of the Municipal Code; and
3. Use of the procedure provided under California Streets and Highway Code section 5610 et seq. (Ord. No. 465, § 1, 6-14-2016)

Any violation of this chapter shall be deemed to commence upon expiration of the date for compliance specified in the written notice given under Section C6-201 and shall be treated as a separate violation every day thereafter. (Ord. No. 465, § 1, 6-14-2016)