HomeMy WebLinkAboutStaff Report 4.A 10/19/2015Agenda Item #4.A
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DATE: October 19, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan-St. J ASCE — Director, Public Works & Utilities
Larry Zimmer, P.E. — Deputy Director, Public Works & Utilities
SUBJECT: Discussion and Direction to Update and Revise the Sidewalk Program
RECOMMENDATION
It is recommended that the City Council accept the report regarding the City's sidewalk program;
discuss the proposed changes to the program; and, provide direction to staff regarding updates
and revisions that the City Council would like to see in the sidewalk program.
BACKGROUND
The City of Petaluma's aged infrastructure system includes the public walkways. Aging
concrete, root intrusion, expansive soils and a variety of other causes may create potential
tripping hazards throughout the City. Similar to the pavement system, there is inadequate public
funding to maintain the City's sidewalk system as would be preferred. Unlike the pavement,
however, the sidewalk is by Municipal Code the legal responsibility of the adjacent property
owner. The City is aware of the burden this places on the residents, and as such, the City
Council passed a resolution in 2008, which set aside funds to be used as matching funds to assist
residents willing to repair their sidewalk. Unfortunately, the dissolution of the redevelopment
agency and the economic downturn greatly reduced the City's available funding, which
eliminated the budget for the sidewalk matching grant program.
Currently when the City becomes aware of a damaged sidewalk section such as a possible
tripping hazard, City staff investigates and provides temporary remediation, warning signs,
and /or barricades the sidewalk. The responsible party is notified of the condition and their
obligation to repair. In many cases, the responsible party repairs the sidewalk in a timely manner
but in other cases, the work is not done. There appears to be a common misperception among
residents that the City is responsible for the sidewalk repair, so we would like to clarify the
property owner's responsibilities relating to sidewalk maintenance and repair.
DISCUSSION
Trip and fall claims and ADA related lawsuits, along with the City of Petaluma's desire to create
a safe public access, necessitate action. Petaluma Municipal Code Sections 13.10.020 - 13.10.030
clearly states the property owner's responsibility to maintain the sidewalk along with the right of
way and the City's right to do the work on behalf of the property owner and recover costs of
necessary repairs plus associated costs. It is recommended that the City adopt a process to
mitigate City liability from claims and improve conditions of the sidewalk system.
The attached documents include a flow chart indicating the recommended steps that would occur
when the City becomes aware of a potentially unsafe sidewalk condition. The process begins
with a first notice being sent to the property owner alerting them of the needed repair, estimated
cost, and procedures. The owner may choose to do the work themselves through an
encroachment permit or have the City do the work using a City hired contractor with an invoice
for all project costs subsequently sent to the owner. If the owner does not respond, a second
notice would be sent after approximately seven days. If after fourteen days of the first notice,
there is still no contact from the owner, the City may move forward with doing the work.
Following completion of the work an invoice would be sent to the owner along with a specific
date providing an opportunity to dispute the charges at a public hearing before the City Council.
If the City Council upholds the necessity and cost of the work and the owner still does not pay,
the City's cost plus the administrative fee constitutes a special assessment and would be placed
on the property tax roll.
It is understood that the cost of repairs could be more than some people can afford to pay in a
single payment. In those cases, it is recommended that the City provide financing to the owner
with an interest rate based on the prime lending rate, currently at 3.25 percent. The rate will be
revised, if applicable, annually. The financing agreement with the owner would specify the
payment, which is recommended to be no less than $100.00 per month, and the term, which
would be no longer than 3 years. If the owner defaults on the payments, the City could send a
Notice of Intent to Levy to the owner. Similar to the City's invoice, the Notice of Intent to Levy
will include a specific date providing an opportunity to dispute the charges at a public hearing
before the City Council. If Council upholds the necessity and cost of the work and the owner still
does not pay, the City's cost plus the fees would constitute a special assessment and be placed on
the property tax roll. If the owner defaults and no longer lives at the subject property, the City
may elect to seek collection of its costs and fees through a collections agency.
In order to reduce City liability and increase public safety, it is recommended that the Petaluma
Municipal Code related to sidewalk repairs be enforced and a section relating to the financing
option be added. However, because the City is no longer able to participate financially in the
sidewalk repair program, Resolution, No. 92 -08 must be repealed. Additionally, staff
recommends that the City Council consider and support the use of Risk Management Funds to
fund the proposed loan program and offer a financing option to residents to ease the burden of
the repair costs.
Staff is requesting City Council comment and direction on the recommended updates and
revisions. The revisions and updates will be brought back to the City Council for consideration
at a meeting in the near future.
2
FINANCIAL IMPACTS
If approved as presented, implementation of the proposed sidewalk program will result in staff
costs to mail notices, make and receive phone calls, meet with the owners, manage the
contractor, inspect the work, send invoices, receive payments, and track monetary transactions
for the sidewalk program. These costs have been estimated to average $320.00 per sidewalk
repair occurrence and would be recommended as an administrative fee in the invoice to the
property owner for all work completed through the City. If the owner chooses to hire their own
contractor, no administration fee would be charged. However, the encroachment permit process
has a similar fee.
It is expected that the sidewalk program will fully recover all costs associated with
implementation. It is proposed that the Risk Management Fund finance all initial costs associated
with this program except for the staff time. All paid invoices minus the administrative fee would
be deposited back into the Risk Management Fund to keep it whole. The staff time spent
implementing the program is budgeted in General Fund, therefore the administration fees
collected would be deposited back into the General Fund as cost recovery.
ATTACHMENTS
1. Resolution No. 92 -08 N.C. S.
2. Sidewalk Program Flowchart
3. Sample First Notice
4. Sample Second Notice
5. Sample Invoice
Attachment 1
Resolution No. 92 -n N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING SIDEWALK MAINTENANCE PROGRAM
1 WHEREAS, the City of Petaluma is cognizant of the need to promote safe
2 public sidewalks and walkway surfaces; and
3
4 WHEREAS, property owners have the responsibility to maintain sidewalks on
5 their properties in a safe condition; and
R
7 WHEREAS, the City Council is also aware of the costs associated with
8 maintenance of paved walkways;
9
10 NOW, THEREFORE, BE IT RESOLVED, that the City Council wishes to
11 encourage maintenance of the public sidewalks by establishing a Sidewalk Maintenance
12 Program which includes financial participation by the city in limited circumstances as
13 outlined in the Sidewalk Maintenance Program (attachment A);
14
15 BE IT FURTHER RESOLVED, that funds for the Sidewalk Maintenance
16 Program shall be set aside annually from gasoline sales tax revenue and that the
17 Director of Public Works shall be responsible for administrating the Sidewalk
18 Maintenance Program.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I .hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (MJMXM4XSpecial) meeting form
on the ....21St............ day of ........... January ........ ............ :......... 199.2..., by the
following vote:
City Attorney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
ABSENT: None _.
ATTEST: ....��....
........ ........................_.....
City Clerk
CA 10 -85
l_ // ....................... .... . ._..
Mayor '.. ._.......
—unml File ..... ...............................
Res. No-927_0.8... .......... N.C.S.
S
EXIII BIT
SIDEWALK MAINTENANCE PROGRAM
CITY 'OF PETAILUMA
I. Purpose
To promote the on-gotng. maintenance and. .repair of sidewalks, on the public
y
A ht-of-wa through the establishment of an annual sidewalk maintenance -program
right -of -way
administered by the Public* Works Department.
11. Polio_
The City of Petaluma will assist property owners in financing the repair of
sidewalks within the public right -of -way under the following circumstances:
Project Category
A. Work to alleviate an existing hazard,
demonstrated by buckling, cracked,
broken, or:displaded:-gidewaIks, caused
by roots from trees planted in the right-
of-way.
B. Work to alleviate: an existing hazard
demonstrated by buckling, cracked,
broken, or displaced sidewalks duo
to expansion., eoritt-action, chipping,
settlement or from. trees not planted
in the, right -of -way.
C. Any work to replace curb. and gutter,
which is cracked, broken or displaced
111. Process
Financing
Reconstruction Work to be
50% city - 50 %
property owner.
10U91 Property Owner
100% City
The Public Works. Department shall establish a -listing of sidewalks which are in
's which .
need of repair, including work needed and the name of p�,operty qwner., The
,property owner will be,hotified Of ,the repairs required and will be offered -the
opportunity financial -assistance should the subject property be eligible under the
.,portunity: for finan at bi
categories -outlined above. Pf-operties, which. are eligible for financial. participation. by
the City, and th ose properties ' r ties -Whi6h:refuse: to initiate the required repairs, will be
repaired -by the City using funds allocated for this program. Once the work.. has. been
completed, the property- ow, ners. shall be billed for their portion of the work. Property
tax attachments' shall be -initiated on those properties which fail to `take required
corrective action.
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Attachment 2
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Attachment 3
DATE
VIA REGULAR & CERTIFIED MAIL
Name
Name 2
Address 1
Address 2
RE: 1St NOTICE
Sidewalk Repair at Location (Address)
Assessor's Parcel No. 000 - 000 -000
This letter is your official notice that the sidewalk fronting property you own at the above
location needs to be repaired and maintained in accordance with Petaluma Municipal Code
section 13.10.020.
Please contact a contractor and have the area repaired.
A permit is required for doing such work, and can be obtained at the City of Petaluma,
Department of Public Works and Utilities, 11 English Street, Petaluma, California 94952. The
work must be done in a manner conforming to City of Petaluma standards. You are further
notified that, if within two weeks after you have been given this notice, you have not commenced
repairs and are not proceeding with diligence and without interruption to the completion of said
repairs, the City of Petaluma shall have the right to make said repairs and bill the property owner
for all costs. If reimbursement is not made, you are further notified that in the event the
City of Petaluma makes said repairs,; the cost therefore could result in a lien and /or special
assessment and added to the property tax bill on the above - described property and /or be
subject to small claims court or a collection agency.
If the City causes the repairs to be performed, the City will add an administrative fee of $320.00.
Financing options are available:
1. Minimum monthly installment payment of $100 is required.
2. Maximum term of 3years is allowed.
3. City will apply a monthly Finance charge /processing fee of $5.
4. Please contact the City of Petaluma Finance Department @ (707)778 -4350 ext. 3 to
inquire about setting up a finance plan.
The cost of the repair work is estimated to be approximately $ This is solely an
estimate and the actual costs may exceed this estimate. If the property owner does not cause the
below repairs to be completed, then the property owner is responsible for the total costs of the
repair work, which could exceed this estimate, including the administrative fee of $320.00.
SACIP\Prograas \Sidewa1k\Att3 Draft IstNotice- Sidewalk.doc7 7
Description of Work
• Specify the work that shall be performed
• Specify how the work shall be performed
• Specify the materials that shall be used in the repair
This notice is given pursuant to Streets and Highways Code sections 5611 -5614, inclusive, and
the City of Petaluma Municipal Code.
You may call Mike Ielmorini, at 778-4436 should you need further information or clarification.
Sincerely,
Dan St. John, Director
Public Works and utilities Department
City of Petaluma
202N. McDowell Blvd.
Petaluma, CA 94954
Or
Curt Bates, City Engineer
City of Petaluma
11 English St.
Petaluma, CA 94952
Or
Mike Ielmorini,
City of Petaluma
11 English St.
Petaluma, CA 94952
Attached:
Petaluma Municipal Ordinance 13.10.020 — 13.10.030
Streets and Highways Code §§ 5610 — 5618
S: \CIP\Programs \Sidewalk\Att 3 Draft I A Notice-Sidewalk.dod
PETALUMA MUNICIPAL CODE SECTIONS 13.10.020- 13.10.030
Municipal Code section 13.10.020(A)(B)
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 parking 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.
For the purpose of this chapter, maintenance and repair of
limited to, maintenance and repair of surfaces including gi
sidewalks, repair and maintenance of curb and gutters, ren
from street tree planting strips, or other right -of -way lands
and /or debris, tree root pruning and installing root barriers
cover and trimming shrubs within the area between the pr(
the street pavement line, including planting strips and curl
remain in a condition that is not dangerous to property or 1
reasonable manner and will be in a condition which will n
convenience in the use of said sidewalk area.
Section 13.10.020(c) states:
Anything in this chapter to
of sidewalk areas and the r
expenses of said maintena
22 of Division 7, Part 3 of
effect or may hereinafter be
Division 7. Part 3 of the Str
5614, of the State Streets and Hi;
discretion, and for sufficient eau:
repairs of sidewalk area must co
time the notice referred to in Sec
charge for the city of Petaluma's
a contract for such maintenance ,
the costs of maintenance and rep
failure of the property owner to I
Section 13.10.030 states:
shall include, but not be
al and replacement of
vious paving materials
removal of weeds
trimming of shrubs and /or ground
perty line of the adjacent property and
so that the sidewalk area will
persons using the sidewalk in a
t >interfere with the public
notwithstanding, with respect to maintenance and repair
Firming and collecting of assessment for the costs and
.ir, the city may proceed under the provisions of Chapter
ind,Highways Code of the state as the same is now in
Should the city choose to proceed under Chapter 22 of
ghways Code, notwithstanding the provisions of Section
Ts Code, the director of public works may, in his or her
;end the period within which required maintenance and
ce by a period not to exceed seventy -four days from the
614 is given. Costs recoverable by the city may include a
of inspection and administration whenever the city awards
pair and including the costs of collection of assessment for
the handling of any lien placed on the property due to the
tly pay such assessments.
The property owners of lots or portions of lots fronting on or adjacent to any portion of a street
or any portion of a sidewalk area between the property line of the lots and the street line and any
persons in possession of such lots by virtue of any permit or right, 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, 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. (Ord. 1970 NCS § 3 (part), 1994.)
9
STREETS AND HIGHWAYS CODE SECTIONS 5610- 5618
§ 5610. Maintenance by lot owners
The owners of lots or portions of lots fronting on any portion of a public street or place 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 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 in the use of those works or areas
save and except as to those conditions created or maintained in, upon, along, or in connection
with such sidewalk by any person other than the owner, under and by virtue of any permit or
right granted to him by law or by the city authorities in charge thereof, and such persons shall be
under a like duty in relation thereto. Cal. Sts. & High. Code § 5610
§ 5611. Notice to repair
When any portion of the sidewalk is out of repair of
endanger persons or property or in condition to inte
of such sidewalk, the superintendent of streets shall
the property fronting on that portion of sue h sidewa
Cal. Sts. & High. Code § 5611
§ 5612. Service of notice; personal ;, mail
Notice to repair may be given by delivering a writl
person in possession of the property facing upon tl
postal card, postage prepaid, to the person in posse
at his last known address as the same appears ontl
or to the name and address of the person owning `s-
office of the clerk. Cal. Sts. & High. Code § 5612
>nding reconstruction and in condition to
re with the public convenience in the use
)tify the owner or person in possession of
so out of repair, to repair the sidewalk.
notice personally to the owner or to the
sidewalk so out of repair, or by mailing a
on of such property, or to the owner thereof
ast equalized assessment rolls of such city
property as shown in the records of the
§ 5613. Contents of postal card notice; posting copy; second notice
Currentness
The postal card shall contain a notice to repair the sidewalk so out of repair, and the
superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof
printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous
place on the property. In lieu of posting a copy of the mailed notice on the property as provided
in this section, the superintendent of streets may, not less than seven days nor more than 10 days
after the mailing of the first postal card notice, mail an additional postal card, postage prepaid,
marked "Second Notice," to the person to whom the first postal card notice was addressed. The
second notice shall otherwise contain the material required by this article, but shall not extend
the time for commencing repairs specified in Section 5614. Cal. Sts. & High. Code § 5613
§ 5614. Contents of notice
The notice shall particularly specify what work is required to be done, and how it is to be done,
and what materials shall be used in the repair and shall further specify that if the repair is not
10
commenced within two weeks after notice is given and diligently and without interruption
prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the
same shall be a lien on the property. Cal. Sts. & High. Code § 5614
§ 5614.1. Bond issue
The legislative body may adopt a resolution determining that bonds shall be issued and
assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to
repair shall specify that bonds shall be issued to represent the security of the unpaid assessments,
payable over a period of not to exceed six years, and shall further recite a maximum rate of
interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable
semiannually. Cal. Sts. & High. Code § 5614.1
§ 5615. Repair by street superintendent
If the repair is not commenced and prosecuted to c
the notice, the superintendent of streets shall forth,
request of the owner of the property facing the sidf
last equalized assessment roll of the city, or as sho
superintendent may repair any other portion of the
designated by the owner. The superintendent shall
written request. The cost of repair woj
the cost of repairs for which, pursuant
and assessment and collection procedl
§ 5616. Notice of cost an
Upon the completion of tj
the repair to be given in t]
which notice shall specify
upon a report by the supe
objections or protests, if a
for the cost of such repair
shall also contain the info
pletion with due diligence, as required by
i repair the sidewalk. Upon the written
lk so out of repair, as ascertained from the
in the records of the 'office of the clerk, the
ewalk fronting on the Dronerty that is
request
>wer to prescribe the form of the
ursuant to this section shall be a part of
;equent notices are given, hearings held
Cal. Sts. & High. Code § 5615
perintendent of streets shall cause notice of the cost of
fied in this article for the giving of notice to repair,
ind place when the legislative body will hear and pass
-eets of the cost of the repair, together with any
be raised by any property owner liable to be assessed
nterested persons. If bonds are to be issued, the notice
d by Section 5614.1. Cal. Sts. & High. Code § 5616
§ 5617. Report of repairs and cost
Upon the completion of the repair, the superintendent of streets shall prepare and file with the
legislative body a report specifying the repairs which have been made, the cost of the repairs, a
description of the real property in front of which the repairs have been made and the assessment
against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report
may include repairs to any number of parcels of property, whether contiguous to each other or
not. Cal. Sts. & High. Code § 5617
§ 5618. Hearing on report; powers of legislative body
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the
report of the superintendent of streets, together with any objections or protests which may be
raised by any of the property owners liable to be assessed for the work of making such repair and
any other interested persons. Thereupon the legislative body may make such revision, correction
or modifications in the report as it may deem just, after which, by motion or resolution, the report
as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may
11
adjourn the hearings from time to time. The decisions of the legislative body on all protests and
objections which may be made, shall be final and conclusive. Cal. Sts. & High. Code § 5618
12
Attachment 4
VIA REGULAR & CERTIFIED MAIL
Name 1
Name 2
Address 1
Address 2
RE: 2ND NOTICE
Sidewalk Repair at Location (Address
Assessor's Parcel No. 000 - 000 -000
This letter is your second notice that the sidewalk fronting property you own at the above location
needs to be repaired and maintained in accordance with Petaluma Municipal Code section 13.10.020.
Please contact a contractor and have the area repaired.
A permit is required, and can be obtained at the City of Petaluma, Department of Public Works and
Utilities, 11 English Street, Petaluma, California 94952, for doing such work. The work must be
done in a manner conforming to City of Petaluma standards. You are further notified that, if within
two weeks after you have been given this notice, you have not commenced repairs and are not
proceeding with diligence and without interruption to the completion of said repairs, the City of
Petaluma shall have the right to make said repairs and bill the property owner for all costs. If
reimbursement is not made, you are further notified that in the event the City of Petaluma
makes said repairs, the cost therefor could result in a lien and /or special assessment and added
to the property tax bill on the above - described property and /or be subject to small claims
court or a collection agency.
Financing options are available:
Minimum monthly installment payment of $100 is required.
2. Maximum term of 3years is allowed.
City will apply a monthly Finance charge /processing fee of $5.
4. Please contact the City of Petaluma Finance Department @ (707)778 -4350 ext. 3 to inquire about
setting up a finance plan.
The cost of the repair work is estimated to be approximately $ - . This is solely an
estimate and the actual costs may exceed this estimate. If the property ownr does not cause the
below repairs to be completed, then the property owner is responsible for the total costs of the repair
work, which could exceed this estimate, including the administrative fee of $320.00.
S:\C1P\Programs\Sidewa1k\Att4 Draft 2nd Notice- Sidewalk.doc 13
Description of Work
• Specify the work that shall be performed
• Specify how the work shall be performed
• Specify the materials that shall be used in the repair
This notice is given pursuant to sections 5611 -5614, inclusive, of the Streets and Highways Code
and the City of Petaluma Municipal Code.
You may call Mike Ielmorini, at 778 -4436 should you need further information or clarification.
Sincerely,
Dan St. John, Director
Public Works and utilities Department
City of Petaluma
202N. McDowell Blvd.
Petaluma, CA 94954
Or
Curt Bates, City Engineer
City of Petaluma
I 1 English St.
Petaluma, CA 94952
Or
Mike Ielmorini,
City of Petaluma
11 English St
Petaluma, CA 94952
Attached:
Petaluma Municipal Ordinance 13.10.020 — 13.10.030
Streets and Highways Code §§ 5610 — 5618
SACIP \Programs \Sidewalk\Att 4 Draft 2nd Notice- Sidewakdoc 14
PETALUMA MUNICIPAL CODE SECTIONS 13.10.020 - 13.10.030
Municipal Code section 13.10.020(A)(B)
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 parking 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.
For the purpose of this chapter, maintenance and repair of
limited to, maintenance and repair of surfaces including_gt
sidewalks, repair and maintenance of curb and g
from street tree planting strips, or other right -of-
and/or debris, tree root pruning and installing ro,
cover and trimming shrubs within the area betw(
the street pavement line, including planting strip
remain in a condition that is not dangerous to pry
reasonable manner and will be in a condition which
convenience in the use of said sidewalk area.
Section 13.10.020(c) states:
k area shall include, but not be
removal and replacement of
;impervious paving materials
inters, removal of weeds
the property line of
id curbs, so that the
to persons using the
iot interfere with the
s and /or ground
jacent property and
alk area will
sidewalk in a
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.
Section 13.10.030 states:
The property owners of lots or portions of lots fronting on or adjacent to any portion of a street
or any portion of a sidewalk area between the property line of the lots and the street line and any
persons in possession of such lots by virtue of any permit or right, 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, 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. (Ord. 1970 NCS § 3 (part), 1994.)
15
§ 5610. Maintenance by lot owners
The owners of lots or portions of lots fronting on any portion of a public street or place 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 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 in the use of those works or areas
save and except as to those conditions created or maintained in, upon, along, or in connection
with such sidewalk by any person other than the owner, under and by virtue of any permit or
right granted to him by law or by the city authorities in charge thereof, and such persons shall be
under a like duty in relation thereto. Cal. Sts. & High. Code § 5610
§ 5611. Notice to repair
When any portion of the sidewalk is out of rep
endanger persons or property or in condition t(
of such sidewalk, the superintendent of streets
the property fronting on that portion of such si,
Cal. Sts. & High. Code § 5611
§ 5612. Service of notice; personal; mail
Notice to repair may be given by delivering s
person in possession of the property facing u
postal card, postage prepaid, to the person in
at his last known address as the same;, appear;
or to the name and address of the person owi
office of the clerk. Cal. Sts. & Hivh Code 8
§ 5613. Contents of
ending reconstruction and in condition to
;re with the public convenience in the use
)tify the owner or person in possession of
so out of repair, to repair the sidewalk.
i notice personally to the owner or to the
sidewalk so out of repair, or by mailing a
ion of such property, or to the owner thereof
last equalized assessment rolls of such city
h property as shown in the records of the
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copy; second notice
The postal card shall contain a notice to repair the sidewalk so out of repair, and the
superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof
printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous
place on the property. In lieu of posting a copy of the mailed notice on the property as provided
in this section, the superintendent of streets may, not less than seven days nor more than 10 days
after the mailing of the first postal card notice, mail an additional postal card, postage prepaid,
marked "Second Notice," to the person to whom the first postal card notice was addressed. The
second notice shall otherwise contain the material required by this article, but shall not extend
the time for commencing repairs specified in Section 5614. Cal. Sts. & High. Code § 5613
§ 5614. Contents of notice
The notice shall particularly specify what work is required to be done, and how it is to be done,
and what materials shall be used in the repair and shall further specify that if the repair is not
commenced within two weeks after notice is given and diligently and without interruption
prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the
same shall be a lien on the property. Cal. Sts. & High. Code § 5614
§ 5614.1. Bond issue
The legislative body may adopt a resolution determining that bonds shall be issued and
assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to
repair shall specify that bonds shall be issued to represent the security of the unpaid assessments,
payable over a period of not to exceed six years, and shall further recite a maximum rate of
interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable
semiannually. Cal. Sts. & High. Code § 5614.1
§ 5615. Repair by street superintendent
If the repair is not commenced and prosecuted to
the notice, the superintendent of streets shall fort.
request of the owner of the property facing the si
last equalized assessment roll of the city, or as sb
superintendent may repair any other portion of tl
designated by the owner. The superintendent sha
written request. The cost of repair work done by
the cost of repairs for which, pursuant to this cha
and assessment and collection pro
§ 5616. Notice of cost and hearing
Upon the completion of the repair, the superii
the repair to be given in the manner specified
which notice shall specify the day, hour and 1
upon a report by the superintendent of streets
objections or protests, if any, which may be r
for the cost of such repair and any other inter,
shall also contain the information required by
etion with due diligence, as required by
epair the sidewalk. Upon the written
so out of repair, as ascertained from the
the records of the office of the clerk, the
valk fronting on the property that is
power to prescribe the form of the
pursuant to this section shall be a part of
bsequent notices are given, hearings held
Sts. & High. Code § 5615
notice of the cost of
article for the giving of notice to repair,
lien the legislative body will hear and pass
cost of the repair, together with any
y any property owner liable to be assessed
ersons. If bonds are to be issued, the notice
,n 5614.1. Cal. Sts. & High. Code § 5616
§ 5617. Report of repairs and cost
Upon the completion of the repair, the superintendent of streets shall prepare and file with the
legislative body a report specifying the repairs which have been made, the cost of the repairs, a
description of the real property in front of which the repairs have been made and the assessment
against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report
may include repairs to any number of parcels of property, whether contiguous to each other or
not. Cal. Sts. & High. Code § 5617
§ 5618. Hearing on report; powers of legislative body
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the
report of the superintendent of streets, together with any objections or protests which may be
raised by any of the property owners liable to be assessed for the work of malting such repair and
any other interested persons. Thereupon the legislative body may make such revision, correction
or modifications in the report as it may deem just, after which, by motion or resolution, the report
as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may
adjourn the hearings from time to time. The decisions of the legislative body on all protests and
objections which may be made, shall be final and conclusive. Cal. Sts. & High. Code § 5618
17
City of Petaluma 4 '�
11 English St,
Petaluma, CA 94952 �8s$
Name:
Address:
SIDEWALK REPAIR /
Dear Sir /Madam,
As you have been notified earlier this invoice shows the final a
for the sidewalk repair / reconstruction work within your prop
The details of the cost are explained belo
III]
Invoice Date
ine.
Attachment 5
INVOICE
RUCTION
owe to the City of Petaluma,
You may attend a public hearing before the City Council to dispute these charges on (day),
(date) at (time) in the City Council Chambers, 11 English Street, Petaluma, CA. At
the public hearing, the City Council will hear and pass upon a report on the cost of the repair together
with any objections or protests, if any, which may be raised by any property owner liable to be assessed
for the cost of such repair and any other interested persons.
In accordance with the Americans with Disabilities Act, if you require special assistance to participate in
this meeting, please contact the City Clerk's Office at (707) 778 -4360 (voice) or (707) 778 -4480 (TDD).
Translators, American Sign Language interpreters, and /or assistive listening devices for individuals with
hearing disabilities will be available upon request. In consideration of those with multiple chemical
sensitivities or other environmental illness, it is requested that you refrain from wearing scented
products.
If you have any questions and /or clarifications with reference to this invoice, please direct it to the
following address:
No. Item Description
Unit cost ($) Quantity Total Cost ($)
Attachment 5
1 Sidewalk Demo and Reconstruction -500 SF $12.00 per SF 500 $6,000.00
2 Driveway/ Tree Removal and Misc. Work $200.00 1 $200.00
*3 Admin Fee $320.00 1
$320.00
* *TOTAL AMOUNT DUE $6,520.00
NOTE:
IF THIS IS NOT PAID WITHIN THE DUE DATE OR AN ARRANGEMENT FOR FINANCING IS NOT MADE BEFORE THE
DUE DATE, THE TOTAL AMOUNT WILL CONSTITUTE A SPECIAL ASSESSMENT AND BE ADDED TO YOUR PROPERTY
TAX BILL AND /OR A LIEN WILL BE PLACED ON YOUR PROPERTY. ALL UNPAID DUES WILL ACCRUE INTEREST
@12% PER ANNUM:
* Fixed Admin Fee is collected on all sidewalk repair / reconstruction work done by the City of Petaluma on behalf
of the Property owner. The details of the charges are on the other side of this invoice. The property owners who
choose to do the repair on their own, have to pay an encroachment permit fee of $320.00 and will not pay any
admin fee.
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"FINANCING OPTIONS ARE AVAILABLE AS FOLLOWS:
1. Minimum installment payment of $100 per month for a maximum of 3years. Finance charge /processing
fee of $5 is applicable for each transaction over and above the minimum $100 monthly installment.
2. Please call Corey Garberolio, Accountant, City of Petaluma @ (707)778 -4357 to get details of the eligibility
and terms and conditions of the finance options.
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