13.10.020 Maintenance and repair of sidewalks and street landscape planters.
A. 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, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.
B. For the purpose of this chapter, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb 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 ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to 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.
C. Anything in this chapter to the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment 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. Should the city choose to proceed under Chapter 22 of Division 7, Part 3 of the Streets and Highways Code, notwithstanding the provisions of Section 5614, of the State Streets and Highways Code, the director of public works may, in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repairs of sidewalk area must commence by a period not to exceed seventy-four days from the time the notice referred to in Section 5614 is given. Costs recoverable by the city may include a charge for the city of Petaluma’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessment 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.
1. When the director of public works has actual notice of sidewalk areas in need of maintenance and/or repair, the director may give written notice to the owner and/or persons in possession of the lot, or lots or portions of lots fronting the sidewalk directing that the sidewalk area be maintained and/or repaired. Notice may be given by personal delivery or by mail.
2. Maintenance/repair notices will include:
a. The work required to be done and the city’s cost estimate for the work.
b. The date by which the work must be commenced.
c. Notice that if the work is not commenced by the specified date, and once commenced is not diligently pursued without unreasonable interruption, the director may commence and/or complete the work and the cost may be made a lien and/or special assessment on the lot or lots.
d. Notice that owners and persons in possession of lots subject to maintenance/repair notices may perform the work or have the work performed by licensed contractors, or have the city perform the work.
e. Notice of availability of city financing for the work.
3. If persons given maintenance/repair notices do not commence work or contact the city to commence work within seven days of the date of the notice, the director may give a second maintenance/repair notice at least seven and not more than fourteen days after the date of the initial notice.
4. The director may, in his or her sole discretion, upon determining it is warranted, extend by up to seventy-four days the date by which the work must be commenced.
5. If after being given notice, owners or persons in possession of lots subject to maintenance/repair notices fail to commence work or arrange with the city to have the work commence by the date specified in the notice, or by any extended date granted by the director, the director may commence and complete the work and the cost may be made a lien and/or special assessment on the lot or lots fronting the sidewalk area subject to the notice. In the director’s sole discretion, the director may choose to commence and complete the work using contractors of the city or city employees, or a combination of both.
6. If the city has provided notice that city financing is available, owners and persons in possession of lots may request city financing for the work. City financing requires execution of a city financing agreement. City financing is subject to payment of an administrative fee and interest charged at the prime lending rate. City financing agreements will have a maximum term of three years and minimum monthly payments of one hundred dollars.
7. Property owners and persons in possession of lots are responsible for paying the city on receipt of the city’s invoice for the cost of work performed by or on behalf of the city for sidewalk maintenance/repair under this section, including any administrative, inspection or other charges incurred by the city.
8. Where property owners and persons in possession of lots fail to pay the city all invoiced costs within thirty days from the date of the invoice, the city in its sole discretion may choose to collect amounts owing through a collection agency, and costs of collection, including attorney’s fees, and interest, from such owners and persons in possession of lots, or to make such amounts a lien and/or special assessment on the lot or lots fronting the sidewalk area subject to the invoice.
9. The city may initiate liens or special assessment proceedings on amounts owed the city under financing agreements or for sidewalk work done by or on behalf of the city under this section as follows:
a. The city will provide property owners and persons in possession of lots who owe the city amounts for sidewalk maintenance/repair costs and any related applicable charges, notice of the date, time and place where the city council will hear a report on the costs owed and any objections or protests of any property owner liable to be assessed the costs, and any other interested persons. Notice will be given in the same way as notice directing sidewalk maintenance or repair.
b. The city council will receive a report specifying maintenance and repairs made, the cost, the amounts owed the city, including in addition to maintenance/repair costs applicable related charges, a description of the lots in front of which the maintenance/repair has been performed, and the assessment proposed to be levied against each lot. The report may include maintenance/repair to any number of lots, which need not be contiguous.
c. At the date, time and place noticed for the hearing on the report, the city council will hear the report and any objections or protests of property owners liable to be assessed the costs and of any other interested persons. The city council may modify the report as it deems just and by resolution confirm the report. The city council’s decision on any objections and protests shall be final and conclusive.
d. Maintenance and repair and related costs confirmed by the city council and assessed against lots fronting sidewalk on which maintenance/repair was performed, if not paid within five days after city council confirmation, will be a special assessment and a lien on the lots so assessed which will continue until the assessment and all interest and other charges are paid or until they are discharged.
e. The city may file a lien certificate with the Sonoma County recorder in accordance with California Streets and Highways Code Section 5626 as that section may be amended and in accordance with any successor statute. The lien certificate may include liens against one or more lots. After recording the lien certificate, all persons are deemed to have notice of the lien, and the statute of limitations will not run against the city’s right to enforce payment of the lien. The city may file and maintain an action to foreclose any lien not paid in the same manner and using the same procedure, as applicable, as for delinquent bonds foreclosed under Division 7 of the Streets and Highways Code.
f. As an alternative method of collecting liens under this section, after confirming the director’s report, the city council may order notice of the lien(s) to be delivered to the county auditor, who shall enter the amount(s) on the county assessment book opposite the description of the particular property(ies) and the amount(s) shall be collected together with all other taxes against the property(ies). The notice of lien(s) shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. The lien amounts shall be collected at the same time and in the same manner as ordinary city taxes, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the collection and enforcement of city and county taxes are applicable to such special assessment taxes.
D. All existing public street landscape planters shall be retained and preserved for the purpose of providing live landscaping along the frontages of city streets. To this end, covering, paving, sealing, or filling of public landscape planter areas with impervious materials shall be prohibited. Failure to comply with this section shall be deemed a violation of this chapter.
E. For purposes of this section, "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip in accordance with the definition in California Streets and Highways Code Section 5600, as that section may be amended and in accordance with any successor statute.
When, during the course of a development project, 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 installed to the satisfaction of the director of public works.
Subsequent to adoption of this chapter, any unauthorized work conducted within 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 Petaluma Municipal Code pertaining to encroachments on city property and destruction of public landscaping. Such unauthorized work shall constitute a violation of this chapter and is punishable as an infraction, subject to provisions set forth under Chapter 13.08 of this title. The city shall further require removal of any impervious material installed, and restitution of any previously existing landscaping.
(Ord. 2571 NCS §§1(a), (b), 2016; Ord. 1970 NCS § 3 (part), 1994.)