HomeMy WebLinkAboutORD 618ORDINANCE NO. 618
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADDING CHAPTER
12.26.010 TO THE CODE OF THE CITY OF PALM
DESERT, CALIFORNIA, RELATING TO PUBLIC
SIDEWALK REPAIRS AND LIABILITY.
The City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN as follows:
Section 1: That Section 12.26.010 is added to the Code of
the City of Palm Desert, California, to read as follows:
"Section 12.26.010. PUBLIC SIDEWALK REPAIRS AND LIABILITY.
A. The owner of lots, or portions of lots,
fronting on any portion of a public street shall clean,
repair and maintain sidewalk areas. The sidewalk area
shall be maintained in a safe condition such that it does
not endanger persons or property during reasonable use.
The failure to maintain the sidewalk area in a safe
condition is negligence. Liability for any injuries
occurring from such negligence is assigned to the owner
of the lot fronting the sidewalk.
B. The owner is not liable for conditions created
or maintained upon or in connection with the sidewalk
area by any person other than the owner under any permit
or right granted by law and by the City. During the
period of the permitted activity, the permit holder
assumes the duties and obligations of Subsection "A". It
is the duty of the permit holder to leave the sidewalk
area in a safe condition during periods of inactivity and
upon the completion of the permitted activity.
C. When the City has been notified of any
dangerous conditions, it is the duty of the City to, in
a reasonable time, notify the owner or person in
possession of the property when any portion of the
sidewalk area presents a condition which endangers
persons or property during reasonable use. The notice
shall be in writing and be delivered in person or by
certified mail to the occupant of the premises, and also
to the owner of the property if not the same as the
occupant. The notice shall describe the property by a
recorded map, metes and bounds, assessor's parcel number,
and shall include the street address of the property.
The notice shall describe the hazardous condition and the
repairs required. The repair must begin within 14 days
from the date of the notice and be completed without
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ORDINANCE. NO. 618
unreasonable interruption or delay. If the work is not
begun within 14 days, the City will cause the work to be
done and the cost to be assessed against the property
owner in accordance with Chapter 22 of the Improvement
Act of 1911.
D. For purposes of this Ordinance, maintenance and
repair of sidewalk areas shall include but not be limited
to: removal and replacement of sidewalks; removal and
filling or replacement of parking strips; removal of
weeds and/or debris; and trimming of trees, shrubs,
hedges and/or ground cover.
E. Nothing in this Ordinance shall be deemed to
diminish any rights of the City to seek indemnification
from abutting landowners.
F. For purposes of this Ordinance, conditions of
sidewalk areas which are deemed likely to endanger
persons or property during reasonable use shall include
but not be limited to: broken, cracked or spilled
concrete or asphalt surfacing; litter; debris; holes;
rough or uneven surface; or otherwise hazardous
conditions of improved or unimproved sidewalk areas.
Section 2: The City Clerk shall certify as to the passage
and adoption of this ordinance and shall cause the same to be
published once in the Palm Desert Post, a newspaper of general
circulation, printed, published and circulated within the City of
Palm Desert, and the same shall be in full force and effect thirty
(30) days after its adoption.
PASSED, APPROVED and ADOPTED this 11th day of October ,
19901, by the City Council of the City of Palm Desert, California,
by the following vote, to wit:
AYES: BLNMN, RRf T•Y, SNYDER 1,jnMN, CRMES'
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE /
BUFORD C TES, Mayor
City o Palm Desert, California
ATTEST.
-kpSHEILA GILLIGAN,Mty'CleiJk
City o lm Desert, California
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