Soledad Municipal Code Ch. 12.02 Maintenance and Repair of Sidewalks

For the purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:

A. "Maintenance and repair of sidewalk area" includes, but is not limited to, maintenance and repair of surfaces including grinding; removal and replacement of sidewalks; repair and maintenance of sidewalks; repair and maintenance of curbs 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 groundcover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs.

B. "Sidewalk" shall have the same meaning as in Section 5600 of the California Streets and Highways Code, as it may hereafter be amended.

(Ord. No. 736, § 2, 3-3-2021)

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, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will not interfere with the public convenience of said sidewalk area. The owners shall also pay the costs and expenses therefor. All work performed within the public right-of-way requires a permit pursuant to Chapter 12.04, Excavations.

When, during the course of a development project's lifetime, 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 shall be installed subject to the review and approval of the public works director.

Subsequent to adoption of the ordinance codified in this chapter, any unauthorized work conducted within the 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 City of Soledad Municipal Code pertaining to encroachments on city property. Such unauthorized work shall constitute a violation of this chapter and is punishable as an infraction. The city shall further require removal of any impervious material installed and restitution of any previously existing landscaping.

(Ord. No. 736, § 2, 3-3-2021)

Anything in this chapter to the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments 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 effect or may hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks. The required maintenance and repairs of sidewalk areas must commence within thirty days of notification. Notwithstanding, the public works director may, in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repairs of a sidewalk area must commence by no more than seventy-four days. Costs recoverable by the city may include a charge for the city's inspection and administrative costs whenever the city awards a contract for such maintenance and repair, and include the costs of collection of assessments 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.

(Ord. No. 736, § 2, 3-3-2021)

Whenever a portion of the sidewalk needs repair or endangers the public's use of such sidewalk, the public works director shall notify the owner and person in possession that such sidewalk needs repair in the manner provided in Streets and Highways Code Sections 5611 through 5618. If the owner does not fix the sidewalk within thirty days, the city will fix the property and all costs may become a lien upon the property in accordance with the process established in the Streets and Highway Code. If the city has provided notice that city financing assistance is available, owners and persons in possession of lots may request city financing for the identified work. City financing will require execution of a financing agreement, allowing recovery of administrative fees and interest, and shall be for a limited term with minimum monthly payments, all in accordance with the city's financing program. City financing assistance is limited to budgeting constraints, and no guarantee as to availability is intended or created by this reference thereto.

(Ord. No. 736, § 2, 3-3-2021)

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 non-dangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a non-dangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner's or possessor failure to maintain or repair the sidewalk areas as required by this chapter, the property owner or possessor of property shall be liable to such person for the resulting damages or injury.

(Ord. No. 736, § 2, 3-3-2021)

The provisions of this chapter shall be in addition to any and all other authority granted by this code or statute meant to achieve the same purpose of maintaining safe and non-dangerous sidewalk conditions.

(Ord. No. 736, § 2, 3-3-2021)