§ 13-217. DUTY OF PROPERTY OWNER TO REPAIR SIDEWALKS.

The owners of lots or portions of lots fronting on any portion of a public street or place which is improved shall have the duty to maintain and repair the sidewalk area as defined in this article in accordance with the provisions of Chapter 22, Part 3, Division 7 of the California Streets and Highways Code, provided, however, that after written notice to the Director and concurrence by him/her that the condition is hazardous, the city shall make the following repairs:

(a)

Repairs to the sidewalk area which are necessitated by damage caused by trees located within the street right-of-way.

(b)

Repairs to gutters, including curbs if the curb and gutter are of monolithic construction.

Notwithstanding the above, the property owner shall be responsible to repair damage caused by him/her, his/her agent, or by persons acting under the property owner's direction or control. The Director shall have the power and duty of enforcing the repair and maintenance of sidewalk areas required by this Section in accordance with the provisions of Chapter 22, Part 3, Division 7 of the California Streets and Highways Code. Whenever the repair of sidewalk areas include the repair of damage to curbs or gutters, the work shall be performed by a licensed contractor. Permit applicants shall not be required to pay permit processing or inspection fees or provide liability insurance or performance bonds, notwithstanding Sections 13-206 and 13-207 herein, for sidewalk areas required to be repaired.

(Added Ord. 6667, 1965; Am. Ord. 81-55, § 2, eff. 6-12-81; Am Ord. 97-57, § 2, eff. 10-30-97).