A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this chapter and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this chapter, the provisions of this chapter shall control.

B. For the purposes of this chapter, the definition of “sidewalk” shall be the same as in Section 12.06.030(D).

C. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including but not limited to parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the town of Atherton’s costs of inspection and administration whenever the town awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

D. For the purposes of this chapter, maintenance and repair of sidewalk area shall include, but not be 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, supervision and maintenance of signs allowed pursuant to Chapter 15.36, tree and landscape maintenance, tree root pruning and installing root barriers, trimming of trees and shrubs and/or ground cover and trimming shrubs within the area between the property 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 property or 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.

E. Notwithstanding the provisions of California Streets and Highways Code Section 5614, the director of public works (director) may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period not to exceed ninety days from the time the notice referred to in said California Streets and Highways Code Section 5614 is given.

F. Liability. The owners of lots or portions of lots (property owners) required by this chapter to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by this chapter, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. 662 § 4, 2023)