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HomeMy WebLinkAbout912 Repair of SidewalksORDIN/~NCE NO. 912 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 5, DIVISION 6 OF THE UKIAH CITY CODE (COMMENCING WITH SECTION 5400), RELATING TO THE REPAIR OF SIDEWALKS. 433 The City Council of the City of Ukiah hereby ordains as fol- lows: SECTION ONE. Section 5400 of Chapter 5, Division 6 of the Ukiah City Code is hereby amended to read as follows: Section 5400 - Superintendent of Streets: For purpose of the administration of this chapter the City Manager may delegate all or a portion of the duties of the Superintendent of Streets to one or more city officers or employees, including, but not limited to, the City Engineer and the Director of Public Works, as the City Manager shall determine from time to time necessary or convenient for the public service. SECTION TWO. Section 5401 of Chapter 5, Division 6 of the Ukiah City Code is hereby amended to read as follows: Section 5401 - Owner to repair sidewalks upon notice: (a) Pursuant to and in conformity with the provi- sions of Chapter 22 of Part 3 of Division 7 of the Streets & Highways Code (commencing with Section 5600) as it may be amended from time to time, whenever any portion of any walk or any sidewalk space on any street, avenue, lane, alley, court or place in the City of Ukiah shall be out of repair or needing reconstruction and in condition to endanger persons or prope<ty passing thereon, or so as to interfere with the public con- venience in the use thereof, the Superintendent of Streets of the City of Ukiah shall require the owner or occupants of lots or portions of lots fronting on any such street, avenue, lane, alley, court or place by notice in writing to be delivered to them or their agents personally or left upon the premises, to repair, reconstruct, or do both, forthwith, said portion of said walk so out of repair in front of the property of which he is the owner, tenant, or occupant. (b) The City Council by resolution may from time to time prescribe the procedure by which such work shall be performed, including, but not limited to: (1) the form of such notice; (2) the degree to which the City shall: the work; (a) offer to perform all or a portion of (b) pay or contribute toward all or a portion of the cost of performing the work. SECTION THREE. Section 5402 of Chapter 5, Division 6 of the Ukiah City Code is hereby amended to read as follows: Section 5402 - Notice to specify work to be done: The Superintendent of Streets particularly shall specify in said notice what work is required to be done, and, within lawful limits, what materials shall be used in said repairs, reconstruction or both, and such other matters as may be prescribed by the City Council by resolution adopted pursuant to Section 5401. 434 SECTION FOUR. Section 5403 of Chapter 5, Division 6 of the Ukiah City Code is hereby amended to read as follows: Section 5403 - Repairs to commence within two weeks: Within two weeks after such notice shall be served upon such owner, tenant or occupant of lots or parts of' lots as aforesaid, said owner, tenant or occupant shall cause to be commenced such repairs, reconstruction, or both, as may be required and directed by the Superinten- dent of Streets in his notice aforesaid, and shall diligently and without interruption prosecute the same to completion. Said notice may offer said owner, oc- cupant or tenant the option of entering an agreement with the City pursuant to which the City would perform the work and charge the owner for all or part of the cost thereof according to the resolution adopted pur- suant to Sect ion 5401. If the owner, occupant or tenant, as the case may be, fails to pay the City ac- cording to the terms of such an agreement, the unpaid portion of such charges may become a lien upon the property in accordance with the provisions of Article 3 of Chapter 22 of Part 3 of Division 7 of the Streets & Highways Code (commencing with Section 5625) as it may be amended from time to time. SECTION FIVE. Section 5404 is hereby added to Chapter 5, Division 6 of the Ukiah City Code to read as follows: Section 5404 - Enforcement: The provisions of this Chapter may be enforced as provided in Chapter 22 of Part 3 of Division 7 of the Streets & Highways Code as it may be amended from time to time. Nothing contained herein shall prevent the City from enforcing the provision of this Chapter or any agreements entered pursuant to it by any other means available at law or in equity. Introduced by title only on September 5~ following roll call vote: _, 1990, by the AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson NOES: None ABSENT: Councilmember McMichael Adopted on September 19, 1990 call vote: · 1990, by the following roll AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor .. NOES: None Henderson ABSENT: None ATT : .