ORDINANCE NO. N.C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO CONCERNING THE MAINTENANCE SIDEWALKS

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1 ORDINANCE NO. N.C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO CONCERNING THE MAINTENANCE SIDEWALKS WHEREAS, the Improvement Act of 1911 (California Streets and Highway Code 5610) currently requires property owners to maintain the sidewalks abutting or fronting their property in a safe condition, and WHEREAS, specifically, the Improvement Act of 1911 provides: The owners of lots or portions of lots fronting on any portion of a public street... 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.... Cal. Streets and Highway Code WHEREAS, case law requires that, in order to hold property owners accountable for injuries or damages to the public caused by failure to maintain those sidewalks, municipalities adopt ordinances which explicitly state that property owners owe a duty to the public to maintain the above sidewalks in a safe condition; and WHEREAS, many neighboring municipalities including Santa Rosa, Benicia, Vacaville, San Jose and Walnut Creek have adopted ordinances which explicitly articulate that duty owed to the public, and WHEREAS, without such an ordinance the City will continue defending lawsuits stemming from sidewalks in disrepair that are the responsibility of the property owners to maintain, without the ability to transfer responsibility to the property owner; NOW THEREFORE, THE COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter of the Vallejo Municipal Code is hereby repealed in its entirety and a new Chapter is hereby enacted to read as follows: REPAIR, CONSTRUCTION AND MAINTENANCE OF SIDEWALKS Definitions.

2 Article I. Sidewalks Sidewalk Maintenance and Repair State Statute Adopted Duty of Property Owners to Maintain sidewalks Owner s duty to maintain and repair sidewalk areas; permits required Notice to repair Failure to make required repairs Cost assessment proceedings Effect of Lien and Alternative Methods of Collection Sidewalk maintenance and repair Procedures. Article II. Private Contracts for the construction, resurfacing and repair of sidewalks, driveways Private construction Private contract defined Private construction Permit required Fee Private construction Inspection Fee Private construction Private construction Obstructions authorized Definitions. Board means the Beautification and Design Review Board. Defective sidewalk means a sidewalk area where, in the judgment of the director, the vertical or horizontal line or grade is altered or displaced to the extent that a safety hazard exists, or the sidewalk is in such a condition as to endanger property or persons using the sidewalk in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof. Director means the director of the department of public works, or his/her designee; director shall have the same meaning as the terms superintendent of streets and city engineer as those terms are utilized in the Streets and Highways Code, Division 7, Part 3, Chapter 22. Lot, lots or portions of a lot means a parcel of real property located within the city adjacent to or fronting on any portion of a sidewalk area, and when used in connection with the phrase, adjacent to or fronting on the defective sidewalk, or variation thereof, shall refer to the property in front of or along the side of the defective sidewalk. Maintain and repair shall include, but not be limited to, maintenance and repair of sidewalk surfaces including grinding, removal and replacement of sidewalk areas, repair and maintenance of curbs and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips, driveways and curbs, so that the sidewalk area will remain in a condition that is not dangerous to or a threat to property or to

3 persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area. Minor Sidewalk Repair Permit means a permit to repair an existing portion of a sidewalk where the needed repair is less than 25 square feet. Owner means any person owning a lot, lots, or portions of a lot within the city, adjacent to or fronting on any portion of a sidewalk area. Right-of-Way means the area of land over which people and goods have the right to pass or travel and includes a form of easement typically dedicated to the City during subdivision for public use. Sidewalk area means that portion of a street between the street pavement line and the adjacent property line, including a park or parking strip, curbs and gutters, bulkheads, retaining walls, or other works for the protection of any sidewalk area or of any such park or parking strip. Sidewalk Repair and Construction Permit means a permit to repair or construct either an existing sidewalk or a new sidewalk where the area to be repaired or constructed exceeds 25 square feet. Street Tree means any tree the base of which is located wholly or partially within a public street or right-of-way and any tree adjacent to a public street or right-of-way approved by the city to satisfy the requirement to plant street trees under the subdivision ordinance as set forth in Chapter of the Vallejo Municipal Code or any other applicable ordinance, master plan, specific plan or site development permit. Article I Sidewalks Sidewalk Maintenance and Repair State Statute Adopted. It is the purpose of this chapter to provide sidewalk repair procedures which are consistent with the procedures set forth in the Streets and Highways Code, Division 7, Part 3, Chapter 22, at Sections , as those sections now exist or may hereafter be amended or renumbered. Streets and Highways Code Sections 5600 et seq. are hereby incorporated by this reference. In the event of any conflict between the provisions of said Streets and Highways Code and this Chapter, the provisions of this Chapter shall be controlling Duty of Property Owners to maintain sidewalks. A. As used in this section, sidewalk area includes the sidewalk, any park or parking strip maintained in the area between the property line and the street line, and the curbing, gutter, driveway, bulkheads, retaining walls or other works for the protection of any sidewalk or of any park or parking strip.

4 B. The owner of a lot fronting on or adjacent to a public street must maintain any sidewalk area in good repair and condition. This duty includes but is not limited to maintenance and repair of surfaces including performance of grinding, removal and replacement of sidewalks, and repair and maintenance of curb and gutters, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk area in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the sidewalk area. C. An owner required by this section to maintain a sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. D. If, as a result of an owner s failure to maintain a sidewalk area in a safe and nondangerous condition, any person suffers injury or damage to person or property, the owner shall be liable to the person for the resulting damages or injury. E. The City of Vallejo shall have a cause of action for indemnity against a property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the owner s failure to maintain a sidewalk area in accordance with this section. F. Failure of the owner to maintain a sidewalk area as set forth in this section shall constitute a public nuisance Owner s duty to maintain and repair sidewalk areas; permits required. A. The owner of a lot, lots or portions of a lot adjacent to or fronting on any portion of a sidewalk area shall maintain the sidewalk area in a safe and non-dangerous condition, and shall maintain and repair such sidewalk area and pay the costs and expenses therefor, including, but not limited to, charges for the city s costs of inspection. B. Any person engaged in repairing a sidewalk must obtain either a Minor Sidewalk Repair Permit or a Sidewalk Repair and Construction Permit from the director prior to beginning the repair work on the sidewalk. C. If the director determines that the repair to the sidewalk is required as a result of damage caused to the sidewalk by the roots of a street tree, the director shall waive the costs of the sidewalk repair permit and: 1) Require the repair to be conducted in a manner that preserves the street tree, if feasible, such as by installation of transition areas, tree wells or sidewalk reductions. 2) If the preservation of the tree or the manner of conducting the above repairs is not feasible, the director may require that the street tree be removed, and a new one be installed. The cost of removal, including a tree removal permit, and replacement tree shall be borne by the owner. The owner will be required to repair the sidewalk in the manner specified by the director. D. If the director determines that the repair to the sidewalk is not caused by the roots of a street tree, the owner shall pay the sidewalk repair permit prior to commencing the repair work. The cost of a sidewalk repair permit shall be in an amount set by council resolution.

5 Notice to repair. A. Where the director has actual notice of the existence of a defective sidewalk, the director may give written notice to repair the defective sidewalk to the owner of the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk. Service of the notice to repair shall be by either regular U.S. mail or by personal service. The notice to repair shall particularly specify what work is required to be done and how the same is to be done and what materials shall be used in the repair; that if the owner proceeds to undertake the repair by private contract, his/her activities will be governed by the provisions of this chapter; and that if the repair is not commenced within two weeks after said notice is given and prosecuted diligently without interruption to completion, the public works director may proceed with the repair, and the cost shall be a lien on the property upon the owner s failure to timely reimburse the city for such cost pursuant to Sections through The materials and construction work shall be in strict conformance with the applicable portions of the City s standard specifications as they now exist, or as they may hereafter be amended. B. For the purposes of this section, the owner is deemed to timely commence the repair of the defective sidewalk by the filing of an application for a sidewalk repair permit with the department of public works maintenance division within the time period specified in the notice to repair Failure to make required repairs. A. If the person(s) provided with a notice to repair fails to commence the repairs within the time period specified in said notice, or timely commences the repair but fails to diligently prosecute the same without interruption to completion, the director may within a reasonable period of time, no sooner than two weeks after the Notice is issued, cause the city to make the required repairs and bill the person(s) for the cost thereof. B. If such person(s) fails to pay the cost within the time period specified in the payment invoice, the public works director shall file a notice with the city council setting forth the fact that the repair has been completed and the cost thereof. The cost of the work shall reflect the actual cost to the City. The city council shall thereupon fix a time for hearing protests against the assessment for the cost of such repair. Said time shall not be less than twenty business days from the date of filing public works director's notice aforesaid Cost assessment proceedings. A. The city clerk shall, at least twenty business days prior to the public hearing as provided for in Section , send notice by certified or registered mail, deposited in the United States Post Office at Vallejo, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property abutting or facing upon the sidewalk, sidewalks or sections thereof, where such repairs were made, as the owner's name appears in the most current equalized assessment roll of Solano County available to the city clerk, setting forth a statement of the cost of the improvements and specifying the date, hour and place where the city council will hear protests and objections to the

6 assessment of the cost of such repair work. In the alternative, such notice may be served by delivery thereof personally to the owner at least ten days prior to the public hearing. B. Upon the date and hour set for the hearing of protests or objections, the city council shall hear and consider all protests and objections, if there are any, and then proceed to affirm, modify or reject the assessment of the costs for such repair work upon said real property. The hearing of protests or objections, and the affirming, modifying or rejecting of the assessment may be continued from time to time in the manner prescribed in this code. The decision of the city council on all protests or objections which may be made shall be final and conclusive. C. If the cost of such repair hereinabove provided for in this chapter is assessed upon the property fronting upon the sidewalk so repaired, and the assessment is not paid within five days after its confirmation by the council, the cost of such repair shall become a lien upon the property fronting upon the sidewalk so repaired, upon recording thereof in the office of the recorder, county of Solano, California, by the public works director of a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by Ordinance No. N.C., of the City of Vallejo, I did, on the day of, 20, cause the sidewalk in front of the real property hereinafter described to be repaired, and the Council of the City of Vallejo did, on the day of, 20, by Resolution No. N. C. 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 City of Vallejo does hereby claim a lien on the real property hereinafter described in the sum of, the cost of said repair and improvement; and the same shall be a lien upon said real property until the said sum, with interest at the rate of six percent (6%) per annum thereon, from the date of the assessment of such cost of repair against said property, had been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is hereby claimed, is that certain piece or parcel of land lying and being in the City of Vallejo, County of Solano, State of California, and particularly described as follows, to wit: (Description of Property) Dated this day of, 20 PUBLIC WORKS DIRECTOR City of Vallejo

7 Effect of Lien and Alternative Methods of Collection. A. The notice of lien, when recorded as hereinbefore provided, shall be a lien upon such property, and such lien shall so continue until the cost of such repair and the interest thereon has been paid in full and discharged of record. Such lien shall be subordinate to all special assessment liens previously imposed upon the same property, but it shall have priority over all special assessment liens which may thereafter be created against the property and from and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of the lien. B. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the public works director, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land Sidewalk maintenance and repair -- Procedures. In addition to the provisions of this chapter, the director of public works may establish procedures that shall govern the maintenance and repair of sidewalks. Such procedures shall be consistent with the provisions and purpose of this chapter and any other applicable laws and regulations. Article II Private Contracts for the construction, resurfacing and repair of sidewalks, driveways Private construction Private contract defined. The words "private contract" as used in this article with reference to private construction of sidewalks or driveways, means construction other than let by the city of Vallejo, or pursuant to resolution of the council of the city of Vallejo. Nothing in this article shall apply to repairs of sidewalks as described in Article I of this chapter Private construction Permit required Fee. It is unlawful for any person to construct by private contract in the city, any sidewalk or driveway, or to begin the excavation for the purpose of constructing a sidewalk or driveway, without first obtaining from the public works director a permit in writing to do so. The public works director shall charge a fee in an amount set by council resolution for every permit issued, and may charge inspection and engineering fees as hereinafter provided in this chapter.

8 Private construction Inspection Fee. A. It shall be the duty of the public works director to cause an inspection to be made of concrete sidewalks and driveways constructed under private contract as referred to in Section to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor. B. The public works director shall charge an inspection fee, which fee shall be set by resolution by the city council from time to time Private construction. At the time of the issuance of a permit as required in Section , the applicant shall post with the Public Works Department a bond in an amount to be determined by the Public Works Director to ensure proper completion of the work Private construction Obstructions authorized. The permit granted pursuant to Section shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration or repair work is to be performed, such materials or equipment as may be necessary for use in performing such work; provided, however, that such materials and equipment shall not occupy more than one-third of the roadway in front of the construction work, and shall be placed thereon subject to the direction and approval of the public works director. In no event shall the equipment or materials be placed within five feet of any railroad track. All materials, debris and equipment shall be so placed as not to obstruct any gutterway, and shall be so cared for as to prevent material from being blown or otherwise carried into any gutter or any catch basin, or any portion of the street other than that lawfully occupied by such obstruction. The permit shall prescribe the date when work shall begin and the time of the occupancy of the street; provided, however, that the public works director may order the materials, equipment and debris, or any portion thereof, to be removed within one working day after written notice, and in the event the same is not removed within the time prescribed by the public works director, or in the permit, as the case may be, the public works director may cause the same to be removed and charge the costs thereof against the guarantee deposit. The placing of materials and equipment upon the street for the purpose of such construction work and the removal thereof shall be held to be a part of such construction work. SECTION 2. SEVERABILITY If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

9 SECTION 3. EFFECTIVE DATE This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage. FIRST READ at a regular meeting of the Council of the City of Vallejo held on the day of 2014 and finally passed and adopted a regular meeting of the Council held on the day of 2014 by the following vote: Ayes: Noes: Abstain: Absent: OSBY DAVIS, MAYOR ATTEST: DAWN G. ABRAHAMSON, CITY CLERK