HomeMy WebLinkAbout96-05ORDINANCE NO. 96-05
AN ORDINANCE OF THE TOWN OF DANVILLE
ADDING SECTION 12-6, TO THE DANVILLE MUNICIPAL CODE
RELATING TO THE REPAIR AND MAINTENANCE OF SIDEWALKS
The Town Council of the Town of Danville does ordain as follows:
SECTION 1. ADDING SECTION 12-6 TO THE DANVILLE MUNICIPAL CODE.
Section 12-6 is hereby added to the Danville Municipal Code to read as follows:
12-6 Maintenance and Repair of Sidewalks.
12-6.1 Intent. It is the intent of this section to impose upon property owners the
affirmative duty to repair and maintain the sidewalk area adjoining their property in a safe and
non-dangerous condition. This duty runs to and in favor of members of the public using the
sidewalk area.
12-6.2 Definitions. In this section, unless the context otherwise requires:
"Owner" shall mean the fee owner of real property and the person or persons in
possession of the real property.
"Repair and maintenance" shall include, but is not 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 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
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.
PAGE 1 OF ORDINANCE NO. 96-05
"Sidewalk area" shall mean the sidewalk, parking strip and curb immediately adjoining real
property.
12-6.3 Duty to Maintain Sidewalk. The owner of a parcel of real property which fronts
on any portion of a sidewalk area is responsible for the repair and maintenance of the sidewalk
area and shall pay the cost and expense of such repair and maintenance.
12-6.4 Liability of Owner.
a. The owner of a parcel of real property is under a duty to members of the public
to maintain the portion of any sidewalk area described in Section 12-6.3 in a safe condition. If the
owner makes an alteration or repair to the sidewalk, the owner must use ordinary care in making
the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition.
b. The failure of an owner to fulfill the duties imposed by subsection "a" above,
constitutes negligence and the owner shall be liable to members of the public injured as a result
of that negligence.
12-6.5 Authority of Town to Make Repairs. If the owner does not maintain the
sidewalk in a safe manner, the Town may make the necessary repairs and collect the cost of such
repairs pursuant to the authority of Streets and Highways Code Section 5600 et seq.
SECTION 2. SEVERABILITY. The Town Council hereby declares that every section,
paragraph, clause and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses or phrases.
SECTION 3. PUBLICATION. The City Clerk shall have this Ordinance, or a summary of
the ordinance, published in a newspaper of general circulation once within fifteen (15) days of
adoption. This ordinance shall take effect thirty (30) days following its final passage.
SECTION 4. CODIFICATION: Section One, shall be codified in the Danville Municipal
Code. Sections Two, Three, and Four shall NOT be so codified.
PAGE 2 OF ORDINANCE NO. 96-05
The foregoing Ordinance was first read and introduced on April 16, 1996 and adopted by the
Danville Town Council at a Regular Meeting on May 7, 1996, by the following vote:
AYES: Greenberg,
NOES: None
ABSTAINED: None
ABSENT: None
Shimansky, Arnerich,
Doyle, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true
and accurate copy of Ordinance No. 96-05 of said Town and that said Ordinance was published
according to law.
Dated: ~/VT~
City Clerk of the
Town of Danville
PAGE 3 OF ORDINANCE NO. 96-05