HomeMy WebLinkAboutOrdinances_2134_CCv0001.pdf ORDINANCE NO. 2134
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING
SECTION 12 . 12 . 120 OF THE REDLANDS MUNICIPAL
CODE REGARDING LIABILITY FOR SIDEWALK
MAINTENANCE
WHEREAS, Section 5610 of the California Streets &
Highways Code requires the owners of lots to maintain sidewalks
abutting this property in such condition that the sidewalk will not
endanger persons or property; and
WHEREAS, recent case law has interpreted Section 5610 of
the Streets & Highways Code to mean that the lot owner owes the
duty to maintain the sidewalk to the City of Redlands, and not to
members of the public unless clear and unambiguous legislative
language imposes such duty to members of the public; and
WHEREAS, Section 12 . 12 . 120 of the Redlands Municipal Code
provides for maintenance responsibility of an adjoining landowner
concerning street betterments; and
WHEREAS, Section 12 . 04 . 170 of the Redlands Municipal Code
defines "street betterment" to include sidewalks; and
WHEREAS, the City Council of the City of Redlands is
desirous of amending the Redlands Municipal Code to set forth in
clear and unambiguous language that a property owner's duty to
maintain street betterments, and specifically sidewalks, applies to
both the City and to members of the public;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS:
Section 1. Section 12 . 12 . 120 of the Redlands Municipal
Code is hereby amended to read as follows:
"It is the duty of the owner of real
property abutting a portion of a street
improved by a street betterment (whether said
street betterment was constructed, erected or
made at the instance or request of such owner
or any predecessor in interest of such owner,
or not) to maintain said street betterment on
such portion of such street abutting such f
owner' s real property in such condition that
the same shall not endanger persons or
property, and to maintain the same in a
condition which will not interfere with the
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public convenience or safety in the use of
such street betterment, sale and except as to
those conditions created or maintained in,
upon, along, across, under or over said street
by any person other than the owner under and
by virtue of any permit issued hereunder or
any right to them granted by law or by the
legislative body of the City, and such persons
shall be under a like duty in relation
thereto.
All owners of real property abutting a
portion of a street improved by a street
betterment or any other person designated in
this section shall be liable to any person or
property sustaining injury as a result of the
real property owner or other person's failure
to maintain a street betterment in such
condition that will not endanger persons or
property and will not interfere with the
public convenience in the use of those areas. "
Section 2 . The City Clerk shall certify to the adoption
of this Ordinance and cause it, or a summary of it, to be published
once in the Redlands Daily Facts, a newspaper of general
circulation printed and published in the City and thereafter this
Ordinance shall take effect in accordance with law.
Mayor, City of Redlands
ATTEST:
City Clerk, City of Redlands
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I Lorrie Poyzerr City Clerk , City of Redlands , hereby
certify that the foregoing Ordinance was duly adopted by the
City Council at a regular meeting thereof held on the
day o f 1991.
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk