ORDINANCE NO AMENDING CHAPTER OF THE SAN MATEO MUNICIPAL CODE REGARDING SIDEWALK MAINTENANCE

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1 ORDINANCE NO AMENDING CHAPTER OF THE SAN MATEO MUNICIPAL CODE REGARDING SIDEWALK MAINTENANCE WHEREAS, Streets and Highways Code section 5610 provides that the owners of property fronting a sidewalk shall maintain the sidewalk in a safe condition; and WHEREAS, Streets and Highways Code sections 5610 and following provide for a notification system to property owners of unsafe sidewalk conditions; and WHEREAS, the City wishes to formalize such a notification system in its Municipal Code; and WHEREAS, a city may impose liability on property owners with sidewalk frontage for any injuries occurring as a result of a defective sidewalk with clear and unambiguous language in the Municipal Code; and WHEREAS, the City Council of the City of San Mateo wishes to add clear and unambiguous language to the Municipal Code rendering property owners with property fronting the sidewalk liable for injuries to third parties resulting from a defective sidewalk; NOW THEREFORE, the City Council of the City of San Mateo ordains that:: read: Section 1. Chapter of the San Mateo Municipal Code is amended to Chapter Sidewalk Maintenance Sections: Intent Definitions Owners of frontage responsible for repair Notice to owner Contents of notice Director of Public Works to repair if owner fails to do so Notice of cost and claim of lien Appeals process Collection by Bureau of delinquent revenue Recording of Lien Release of lien Removal or planting of street or heritage tree Sidewalk improvement permit required. -1-

2 Sidewalk improvement unlawful without permit Liability for unsafe conditions and injury to public Revolving fund INTENT. California Streets and Highway Code Sections 5600 et seq. provide that owners of lots or portions of lots fronting on any portion of a public street, when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain the sidewalk in such condition that it will not endanger persons or property or interfere with the public convenience in the use of those works or areas. To promote the public health, safety and general welfare, the Council finds it necessary to enact this chapter, which may be referred to collectively as the Sidewalk Maintenance Ordinance DEFINITIONS. For the purpose of this Chapter, the following words and phrases shall have the meanings set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code: Director of Public Works. Director of Public Works or his or her designee. Driveway Approach. The concrete structure located in the public right-of-way between the public street and a driveway or parking area on private property. Heritage Tree. A tree as defined in Chapter as being a heritage tree subject to the provisions of that chapter. Planting strip. The area of the street lying between the curb line and the street line or edge of right-of-way along any street; including the sidewalk. Property Owner. Without limitation, the fee owner of real property and the person or persons in possession of the real property. Sidewalk. Any area provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering adjacent private property. Street Tree. Any woody perennial plant having a single main axis or stem achieving ten feet or more in height, growing within a street right-of-way; planted within a street right-of-way and/or designated planting easement OWNERS OF FRONTAGE RESPONSIBLE FOR REPAIR. It shall be the duty of the Property Owner(s) of lots or portions of lots adjacent to any portion of a public street, avenue, alley, lane, court or place to maintain the Sidewalks and sidewalk area, including any parking strip or Driveway Approach, in a safe nondangerous condition. The Property Owner has the primary and exclusive duty to fund and perform such repair and maintenance, whether or not the City has notified the property owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past NOTICE TO PROPERTY OWNER. When any portion of a Sidewalk or Driveway Approach is not in good repair and condition and the Director of Public Works has knowledge thereof, he or she will notify the adjacent property owner to repair it. Notice shall be written and given by mailing, either by letter or postal card, to the

3 Property Owner s last known address, as it appears on the last assessment rolls of the County of San Mateo. This section does not create a mandatory duty CONTENTS OF NOTICE. The notice shall direct the Property Owner to repair the Sidewalk and specify what work is required to be done, how the work is to be done, and what materials shall be used in such repair, and shall further specify that, if the Property Owner chooses not to repair the Sidewalk after 90 days notice, the Director of Public Works may schedule such repair to be made at Property Owner expense and obtain a lien against the property in accordance with Municipal Code Chapter 7.42 if the Property Owner fails to reimburse the City for repair costs DIRECTOR OF PUBLIC WORKS TO REPAIR IF OWNER FAILS TO DO SO. If the repair is not commenced and prosecuted to completion as required by the notice, the Director of Public Works may repair said sidewalk. The cost of such repair shall be an obligation to the City owed by the adjacent Property Owner. If the Property Owner fails to reimburse City costs of repair within 60 days of completion of the repairs, the City shall obtain a lien on the adjacent property in accordance with Municipal Code Chapter NOTICE OF COST AND CLAIM OF LIEN. Upon completion of the repair, the Director of Public Works will ascertain the repair cost and apportion it, if the area repaired is adjacent to more than one lot of land. The Director of Public Works will notify the Property Owner by mail of the repair and demand payment to the City within 60 days of completion of the repairs. The Property Owner shall be obligated to the City in the amount of the cost of repair. If the Property Owner fails to reimburse the City s repair cost, the City shall obtain a lien for such cost of repair upon any such lot of land APPEALS PROCESS. The notice of cost shall allow the Property Owner to appeal the determination as to the responsible Property Owner(s) of the amount owed. The request to appeal the claim must be in writing and filed within 10 calendar days of the date of the Director of Public Works notice to the Property Owner of the cost of repair. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. The appeal shall be filed with the Public Works secretary, who shall set the hearing for the next regularly scheduled meeting of the Public Works Commission. At the hearing, the commission shall receive all evidence offered by the Property Owner and City staff. At the conclusion of the hearing, the commission shall make its findings. If the commission finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the commission may sustain the appeal and in its decision grant any remedy or relief sought by the Property Owner, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this Chapter. Any interested person may appeal the decision of the commission to the City Council by filing an application with the City Clerk s Office, including any required fees, within 10 calendar days of the decision. The decision of the Council shall be final.

4 COLLECTION BY FINANCE DEPARTMENT. In the event the cost of repair to the sidewalk is not paid after a 60-day notice of cost, and an appeal has not been filed or has been denied, the Director shall transmit to the Finance Department a statement of each such unpaid cost of repair. The Finance Department shall endeavor diligently to collect the same on behalf of the City any and all amounts paid or collected shall replenish the revolving fund as provided in this Chapter RECORDING OF LIEN. After the 60-day delinquent period, the Director of Public Works will place a lien on the adjacent property in accordance with Municipal Code Chapter RELEASE OF LIEN. On payment of the amount owed, the Director of Public Works shall request that the County Recorder remove the lien REMOVAL OR PLANTING OF STREET OR HERITAGE TREE. If the Property Owner wishes to remove or plant a street or heritage tree in relation to the sidewalk repairs, he or she must apply for a permit as prescribed under Title 13 of this Code relating to Heritage Trees, and Street Trees SIDEWALK IMPROVEMENT PERMIT REQUIRED. Before constructing, repairing, or replacing the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the owner of said lot or lots shall obtain an encroachment permit from the Department of Public Works. The encroachment permit fee shall be waived. However, bonds and certificate of insurance will be required SIDEWALK IMPROVEMENT UNLAWFUL WITHOUT PERMIT. It shall be unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk within the City of San Mateo, without first obtaining a permit from the Department of Public Works unless the Director of Public Works decides that no permit is needed LIABILITY FOR UNSAFE CONDITIONS AND INJURY TO PUBLIC. The Property Owner required by Section to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any Property Owner to maintain the sidewalk area in a nondangerous condition as required by Section , any person suffers injury or damage to person or property, the Property Owner shall be liable to such person for the resulting damages or injury REVOLVING FUND. A fund shall be provided to cover initially the cost of making sidewalk repairs as provided under Section and if Property Owner wishes to have the City make the repairs. The revolving fund will be replenished by appropriation and by all moneys paid or collected from sidewalk repairs and repairs in unaccepted public right-of-way and liens. Section 2. CEQA. This project is exempt from CEQA requirements in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3).

5 Section 3. SEVERABILITY. In the event any section, clause or provision of this Chapter shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4. PUBLICATION. This Ordinance shall be published in summary in the San Francisco Examiner, posted in the City Clerk s Office, and posted on the City s website, all in accord with Section 2.15 of the Charter and shall be effective 30 days after the date of adoption. I hereby certify this to be a correct copy of Ordinance of the City of San Mateo, California, introduced on March 3, 2008 and adopted on March 17, 2008, by the following vote of the Council: AYES: Council Members LEE, EPSTEIN, MATTHEWS and GROOM NOES: Council Member GROTTE (SEAL) /s/ NORMA GOMEZ, City Clerk