Tiburon Municipal Code Ch. 24 Maintenance of Sidewalks

The term "Sidewalk Area" shall mean the area between a private property line and the street line, which area may include the sidewalk itself, a planting strip, parking strip and any curbing, bulkheads, retaining walls or other works for the protection of any sidewalk, planting strip, or parking strip. For the purpose of this definition, "street line" shall mean the outer physical boundary of the street, where the asphalt meets the concrete gutter or curb.

The term "owner" includes without limitation, the fee owner(s) of real property, or their agents, or the person(s) in possession of real property adjacent to a sidewalk area.

(Ord. No. 465-B N.S., § 1)

The owner of real property adjacent to or fronting on any portion of a Sidewalk Area shall repair and maintain such Sidewalk Area in a safe and nondangerous condition at the owner's cost and expense. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the town has notified the owner of the need for such repairs or maintenance or has performed similar maintenance or repairs in the past. This duty to repair shall include damage caused by any forces including without limitation damage caused by street trees planted within the public right of way or adjacent private property.

(Ord. No. 465-B N.S., § 1)

Any owner required by section 24-02 to repair and maintain any portion of a Sidewalk Area shall owe a duty to members of the general public, including travelers on the Sidewalk Area, to repair and maintain the Sidewalk Area in a safe and nondangerous condition. It shall be a violation of this chapter for any owner to fail to perform the duties and obligations established by section 24-02 or to perform such duties and obligations in a negligent manner. If any person suffers personal injury or damage to property, as a result of the failure of any owner to maintain any Sidewalk Area in a safe and nondangerous condition as required by section 24-02, the owner shall be directly liable to such person for the resulting injury or damages. The owner shall indemnify, defend and hold the town harmless from any claims, litigation or other losses arising from such injury or damages.

(Ord. No. 465-B N.S., § 1; Ord. No. 477 N.S., § 1)

When in the judgment of the town engineer, any portion of any Sidewalk Area is so out of repair or in such condition as to endanger persons or property passing thereon or as to interfere with the public convenience in the use thereof, the town engineer is authorized to notify the owner in writing, to be delivered to such owner, requiring such owner to repair, reconstruct or improve forthwith, in such manner, with such material(s) and to the extent as the town engineer may determine and direct, such that the Sidewalk Area is restored to a safe and nondangerous condition.

Within two weeks after such notice shall have been delivered to such owner, he or she shall cause to commence such repair, reconstruction or improvement as may have been determined by the town engineer and directed in the notice, and shall diligently and without interruption, prosecute the same to completion.

(Ord. No. 465-B N.S., § 1)

Notice to repair may be given by delivering a written notice personally to the owner of the property adjacent to the Sidewalk Area or by mailing written notice, postage prepaid, to the owner thereof at his/her last known address as the same appears on the last equalized assessment rolls of the town or to the name and address of the person owning such property as shown in the records of the office of the town clerk.

(Ord. No. 465-B N.S., § 1)

If any owner refuses or neglects to make such repair, reconstruction or improvement when required and directed in conformity with the provisions of this chapter, the town engineer shall cause such repair, reconstruction or improvement to be made, and any and all costs necessarily expended by the town in making such repair, reconstruction or improvement shall be reimbursed to the town as described below in section 24-10.

(Ord. No. 465-B N.S., § 1; Ord. No. 477 N.S., § 2)

Upon the completion of the repair, the town engineer shall prepare a report specifying the repairs, reconstruction or improvement which have been made, the cost of the said work, a description of the real property adjacent to the Sidewalk Area on which the work has been undertaken and the amount against each lot or parcel of land proposed to become a special assessment to pay the cost of such work. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. All such reports shall be compiled and filed with the town council on an annual basis, allowing the council enough time to approve the reports and forward any special assessment to the Marin County Assessor's Office prior to the date fixed by law for the delivery of the assessment book, as discussed below in section 24-10.

(Ord. No. 465-B N.S., § 1; Ord. No. 477 N.S., § 3)

Upon the completion of the repair, the town engineer shall cause notice of the cost of the repair to be given the owner (in the same manner specified in section 24-05 for the giving of notice to repair), which notice shall specify the date, time and place when the town council will hear and pass upon the report by the town engineer regarding the cost of the repair (if such date, time and place has been determined), together with any objections or protests, if any, which may be raised by any owner liable to pay the cost of such repair and any other interested persons. If, upon completion of the work, the date, time and place for the hearing have not yet been determined, the town shall send a second notice including such information at least thirty days prior to the hearing.

(Ord. No. 465-B N.S., § 1; Ord. No. 477 N.S., § 4)

Upon the date and time fixed for the hearing the town council shall hear and pass upon the report of the town engineer, together with any objections or protests which may be raised by any owners liable to pay for the repair work and any other interested persons. Thereupon the town council may make such revision, correction or modifications in the report as it may deem just, after which, by resolution, the report as submitted, revised, corrected or modified shall be confirmed. The town council may adjourn the hearings from time to time. The decisions of the town council on all protests and objections that may be made shall be final and conclusive.

(Ord. No. 465-B N.S., § 1)

(a) The cost of the repair may be assessed by the town council against the parcel of property adjacent to the Sidewalk Area upon which such repair was made, and such cost so assessed, if not paid within fourteen days after its confirmation by the town 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.

(b) If the cost so assessed is not paid within fourteen days, then the special assessment shall be delivered to the Marin County Assessor's Office (together with the engineer's report and the town council's resolution approving it), who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The special assessment shall be delivered to the County Assessor's Office prior to the date fixed by law for the delivery of the assessment book to be collected at the same time and in the same manner as ordinary town taxes are collected, and such special assessments shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

(Ord. No. 465-B N.S., § 1)