The property owner's maintenance responsibilities within the publicly dedicated area are generally confined to those portions extending from the edge of pavement to the property line and include curb, gutter and sidewalk. The property owner or the City may also be held liable, either singly or jointly, for private improvements extending into such an area where the existence or condition of the improvements causes accidents, injuries, damages, etc. (see E 571, Interference of Existing Improvements). In the interest of all parties concerned, the City inspects and can notify the property owner where the owner fails to take the initiative in correcting undesirable conditions. This procedure may be followed only where the prime responsibility for maintenance lies with the property owner.
Under the California State Streets and Highways Code (see E 115), 1911 Act, Part 3, Chapters 22 and 27, the City is empowered to cite the property owner to make certain improvements or corrections to improvements. After a reasonable time has elapsed and the owner has taken no action, the Bureau of Street Maintenance is empowered to improve or correct the condition. The cost is then assessed directly against the property.
The applicability of Chapters 22 and 27 is briefly described in E 152.1 and E 152.2, respectively.
E 152.1 Part 3, Chapter 22 of the Improvement Act Of 1911
Chapter 22 permits the City to serve a "NOTICE TO REPAIR" to the property owner where an unsafe condition or a condition which interferes with the public convenience exists on sidewalks, curbs, parkways, bulkheads, retaining walls or other works.
E 152.2 Part 3, Chapter 27 of the Improvement Act Of 1911
Where sidewalks, gutters, pavement, driveways, curbs, storm drains, sewers and parkway trees have been constructed on more than 50 percent of the front footage between intersecting streets on one-side or more than 50 percent of the abutting footage of the full property width (property line-to-property line) of an alley, the owners fronting or abutting on the unimproved portions may be required by Council action to complete the improvement on the remaining portion of street or alley.
The owners may also implement the completion of the improvement by voluntary petition.
Where a certain sequence of construction steps is necessary, such as providing drainage or sewerage facilities or for the sake of uniformity of construction, the usual practice is for the Bureau of Street Maintenance to do the work and to assess those owners who are directly benefited.
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