Tehama Municipal Code Ch. 12.04 Sidewalks

A. The city council of the city of Tehama finds and determines that it is in the public interest to preserve a safe and attractive appearance of sidewalks and driveways in the city; and

B. It is further found and determined that certain detrimental conditions, as hereinafter set forth, are injurious or potentially injurious to the public health, safety and welfare of the community; it is not the intent of any of the provisions of this section to change the procedures concerning sidewalk repairs set forth in the Improvement Act of 1911, but to provide alternative and supplementary procedures; and

C. A city, in the exercise of police powers, may enact ordinances designed to prevent or abate nuisances.

(Ord. 134 § 1—3, 1988)

Any tenant of real property in the city shall report to the city council in writing the fact that any defective sidewalk exists in front of or along the side of the property occupied by him or her.

(Ord. 134 § 4, 1988)

If in the consequence of any sidewalk being defective and in condition to endanger persons passing thereon, any person, while exercising ordinary care to avoid the danger, who suffers damage to his or her person or property through any defect of a sidewalk may have recourse for damages thus suffered against the tenant failing to repair or report such defect.

(Ord. 134 § 5, 1988)

The owners of lots or portions fronting on any portion of a public street or place when that street or place is improved or if and when the area adjacent to the lot is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas.

(Ord. 134 § 6, 1988)

Except as otherwise provided, all sidewalks shall be repaired with the same kind of material with which they were constructed and to current city standards.

(Ord. 134 § 7, 1988)

A. When any portion of the sidewalk is out of repair and in condition to endanger persons or property, the city council shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.

B. 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: 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 required by the city council within ten (10) days from the date hereof, or to appear before the city council at a regular meeting thereof 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 council will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property.

(Ord. 134 § 8, 1988)

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. 134 § 9, 1988)

Within three days after posting of the notice, the clerk shall cause a notice similar in form and substance thereto to be mailed postage prepaid to the owner of such property, as his or her name and address appear on the records in the office of the city clerk.

(Ord. 134 § 10, 1988)

If the repair required by this chapter is not commenced and prosecuted to completion with diligence, as required by the notice, the city council shall forthwith have the sidewalk repaired or removed.

(Ord. 134 § 11, 1988)

A. After completion of the repairs, the city council shall hold a hearing regarding the costs of repairs and at which time they will hear any objections or protest which may be raised by any of the property owners liable to be assessed by the work of making such repair and any other interested persons.

B. Upon conclusion of the hearing, the council may make such revision, correction, or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed.

C. The decisions of the council on all protests and objections which may be made, shall be final and conclusive.

D. The cost of the repair may be assessed by the council against the parcel of property fronting upon the sidewalk upon which such repair was made. If not paid within five days after its confirmation by the council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

(Ord. 134 § 12, 1988)

Pursuant to the authority vested in me by the Improvement Act of 1911, the Tehama City Council, on the ___ day of ________, 2000, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described to be repaired and improved, and the City Council did, on the ___ day of ________, 2000 by Resolution No._____, 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 6% per annum, from the said ___ day of ________, 2000, has been paid in full and discharged of record.

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

Dated this ___ day of _______, 2000.

Tehama City Clerk

(Ord. 134 § 13, 1988)

A. If the city council deems it in the best interest of the public and its safety, said sidewalks may be removed and the area returned to grass or gravel (unimproved) area.

B. The city council deems it in keeping with the rural atmosphere of Tehama, and to prevent drainage problems, to not allow any further sidewalks in the city.

(Ord. 134 § 14, 15, 1988)

Driveways on the city rights-of-way must be installed with city permission and according to city specifications to give uniformity in appearance and to not obstruct the drainage along city streets. When such driveways are installed over city waterlines, expansion joints must be installed on both sides of the line. If repair or removal of city lines under the driveway need to be undertaken, the driveway must be removed and repaired at the owner's expense.

(Ord. 134 § 16, 1988)