HomeMy WebLinkAboutOrdinances 1879 02/03/1992
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ORDINANCE NO. 1879 N.C.S.
Introduced by Councilmember
Jack Cavanagh
Seconded by Councilmember
Brian Sobel
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA,
STATE OF CALIFORNIA, ADDING CHAPTER 13.1® OF TITLE 13
TO THE PETALUMA MUNICIPAL CODE AND TO CLARIFY
DUTY TO PUBLIC OF PROPERTY OWNER TO MAINTAIN SIDEWALK
AREAS AND PARK STRIPS IN NONDANGEROUS CONDITION
WHEREAS, the owner of property adjacent to or fronting on a sidewalk or park strip
area is the party in the best position to discover any existing dangerous condition in the
sidewalk or park strip area; and
WHEREAS, Section 13.04.020 of the Petaluma Municipal Code provides that it is
unlawful for any person having the control, possession or~ownership of property adjacent to a
sidewalk to become obstructed by weeds, grass or other vegetable growth in such a manner as
to deface the sidewalk and impede travel or be a menace to the public safety in the matter of
fire; and
30 WHEREAS, Section 13.08.060 provides that it is a public nuisance for any tree or
31 shrub growing in a parking strip or any public place or in a private property, which endangers
32 or may endanger the security or usefulness of any public streets, sewer or sidewalks. That
33 section further provides that the City may cause to have the same removed or trimmed or may
34 require the property owner to remove or trim any such tree or vegetation, and further provides
35 that the City Council may direct the City Attorney to commence abatement proceedings; and
36 WHEREAS, it is the intent of the Council in enacting Chapter 13.10 that the owner of
37 property adjacent to or fronting on the sidewalks shall owe a duty to maintain the sidewalk
38 areas in a safe condition to the members of the public using the sidewalk in a reasonable
39 manner; and
40 WHEREAS, the recent Appellate Court decision in Williams v. Foster, 216
41 Ca1.App.3d 510 held that for a duty of care to the public on the part of the property owners to
42 maintain the sidewalk and park strip areas adjacent to their property in a nondangerous
43 condition, it may be expressly stated in an ordinance or statute; and
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Ord. 1879 NCS
1 WHEREAS, the Council wishes to amend the Municipal Code to more clearly state its
2 intent, which is, that the Petaluma Municipal Code now reflects the City's long standing
3 position that there is a duty, owed to members of the public by the property owners adjacent to
4 or fronting the sidewalk and park strip areas to maintain these areas in a nondangerous
5 condition;
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 PETALUMA AS FOLLOWS:
8 Section l: Section 13.10.010 of Chapter 13.10 of Title 13 of the Petaluma Municipal
9 Code is hereby added and entitled to read as follows:
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11 13 10 010 Trees -Property Owner Maintenance Responsibility and Duty to Public.
12 A. The owner of a lot fronting on or adjacent to any portion of a street .shall
13 maintain any trees, shrubs, hedges or other landscaping along said street or within the street
14 right-of--way adjacent to his or her property in such nondangerous condition that the trees,
15 shrubs, hedges or other landscaping will not interfere with the public convenience or safety in
16 the use of the streets and sidewalks. Said owners shall maintain such street trees so that there
17 is a minimum eight-foot vertical pedestrian clearance from the top of the sidewalk and a
18 minimum thirteen-foot vertical vehicular clearance from the top of the curb, to any part of a
19 street tree.
20 B. For purposes of this part, maintenance of trees, shrubs, hedges and other
21 landscaping includes but is not limited to: deep root watering, root pruning, installing root
22 barriers, clearance and structural trimming, fertilizing, pest control, and removal of branches,
23 leaves and other debris.
24 C. Property owners required by this section to maintain trees, shrubs, hedges and
25 other landscaping shall owe a duty to members of the public using public streets and sidewalks
26 to maintain such trees, shrubs, hedges or other landscaping in a safe and nondangerous
27 condition for users of the public streets and sidewalks.
28 D. If any property owner fails to maintain any adjacent trees, shrubs, hedges or
29 other landscaping in a nondangerous condition as required by this section, and any person
30 suffers damage or injury to person or property, the property owner shall be liable for all
31 damages or injuries. caused by the failure of the owner to maintain these areas.
32
33 13.10.020 Maintenance and Repair of Sidewalks.
34 A. Anything in this chapter to the contrary notwithstanding, the maintenance and
35 repair of sidewalk areas and the making, confirming and collecting of assessments for the cost
36 and expenses of said maintenance and repair may be done and the proceedings therefor may be
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Ord. 1879 NCS
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had and taken in accordance with this part and the procedure therefor provided in 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 hereafter be amended. In the event of any conflict between the provisions of
said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this
part, the provisions of this part shall control.
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 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,
including 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 assessments for the costs of maintenance and repair under subsection A of this
section or handling of any lien placed on the property due to failure of the property owner to
promptly pay such assessments.
C. For the purpose of this part, 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 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 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.
D. 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 repair of sidewalk areas must
commence by a period of not to exceed seventy-four days from the time the notice referred to
in said Section 5614 is given.
13 10.030 Liability for Injuries to Public.
The property owner required by Section 13.10.020 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 13.10.020, any
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Ord. 1879 NCS
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person suffers injury or damage to person or property, the property owner shall be liable to
such person for the resulting damages or injury.
Section 2. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. The City
Council of the City of Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof irrespective of the fact that any one or more of
said provisions be declared unconstitutional.
Section 3. This ordinance shall take effect thirty (30) days after its passage. Before
the expiration of fifteen (15) days after its passage by the City Council, the City Clerk shall
cause to be published a full and complete copy of this ordinance in accordance with law, in a
newspaper of general circulation published and circulated in the City of Petaluma.
INTRODUCED and ordered posted/published this 21st day of January ,
1992.
ADOPTED this 3rd day of February , 1992 by the following vote:
AYES: Davis, Cavanagh, Nelson, Vice Mayor T^'^^'°°~~ "'~~~~^r u;n;m^°~
NOES: None
ABSENT: Read, Sobel
AT S APPROVE -.
City lerk~~,P~~ ~~ CLERII~ C~ A orney
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1/8/92 (fmk)
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Ord. 1879 NCS