HomeMy WebLinkAboutOrd 17321
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ORDINANCE NO. 1732
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CIIAP I ERo 11.04 AND
12.12 TO RESTORE OBLIGATION TO PROPERTY OWNERS FOR MAINTENANCE
AND REPAIR OF SIDEWALKS PURSUANT TO STATE LAW
The City Council of the City of Burlingame ordains as follows:
Section 1. For the past ten to fifteen years, the City of Burlingame has been in the fortunate
position ofbeing able to provide far theroutine maintenance and repair ofpublic sidewalks in residential
neighborhoods without asking for contribution from the residential property owners in most cases.
However, the continued inability of the State government to develop a balanced and responsible budget
and the State's insistence on seizing local monies to pay its own debts mean that the City cannot
continue the sidewalk funding for the time being. This ordinance returns the obligation to maintain and
repair sidewalks in residential neighborhoods to the adjacent property owners as provided in the Streets
& Highways Code and is consistent with the practice in other Peninsula communities. Commercial
property owners will continue to be responsible for maintenance and repair as in the past.
Section 2. Section 12.12.005 is amended to read as follows:
12.12.005 Responsibility for damaged sidewalks.
The property owner shall be responsible for all sidewalk repairs. As used in this chapter,
� "sidewalk" shall refer to curb, gutter, sidewalk or
other such improvements within city right -of --way.
Section 3. Section 12.12.010 is amended to read as follows:
� 12.12.010 Notice to repair defective sidewalks.
When the city engineer determines that an
y portion of any sidewalk is in such a condition that
it may interfere with the convenient or safe use of the sidewalk by the public, the city engineer is
authorized to notify the owner or owners of any lot fronting on that portion of sidewalk, by notice
pursuant to the Streets & Highways Code to maintain and repair the sidewalk If the sidewalk is not
properly maintained or repaired, the city engineer may proceed under the procedures contained in the
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Streets & Highways Code to bring the maintenance or repair to completion.
Section 4. Section 12.12.015 is repealed.
Section 5. Section 12.12.020 is amended to read as follows:
12.12.020 Cost of repair as lien on property and collection.
If any owner refuses or neglects to make such repair, or reconstruction, or improvement, as
hereinabove provided, when required and directed in conformity with the provisions of this chapter, the
city engineer may cause such repair, or reconstruction, or improvement to be made. Pursuant to the
procedures contained in the Streets & Highways Code, the cost and any sum of money expended by the
city in making such repair, or reconstruction, or improvement, may be assessed as a lien upon the
property fronting on the sidewalk on which the maintenance or repair was made, and may be recovered
in an action brought therefor in the name of the city. The cost and expenditure may be reported to the
tax collector and placed upon the tax bill and collected in the same manner and at the same time as taxes
on the property are collected.
Section 6. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby cert
ify that the foregoing
ordinance was introduced at a regular meeting of the City Council held on the 1 sc day of March, 2004,
and adopted thereafter at a re
gular meeting of the City Council held on the 15`h day of March, 2004, by
the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, NAGEL, UMAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BAYLOCK
City Clerk
3/15/2004