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HomeMy WebLinkAboutTC Ord 2003-08-06 ORDINANCE NO. 477 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 24 OF THE TIBURON MUNICIPAL CODE, REGARDING MAINTENANCE OF SIDEWALKS The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. Section 24-3 of the Tiburon Municipal Code is hereby revised to read as follows: Section 24-03 Liability for Injuries to Public Any Owner required by Section 24-02 to repair and maintain any portion of a Sidewalk Area shall owe a duty to members of the general public, including travelers on the Sidewalk Area, to repair and maintain the Sidewalk Area in a safe and nondangerous condition. It shall be a violation of this chapter for any Owner to fail to perform the duties and obligations established by Section 24-02 or to perform such duties and obligations in a negligent manner. If any person suffers personal injury or damage to property, as a result of the failure of any Owner to maintain any Sidewalk Area in a safe and nondangerous condition as required by Section 24-02, the Owner shall be directly liable to such person for the resulting injury or damages. The owner shall indemnify, defend and hold the Town harmless from any claims, litigation or other losses arising from such injury or damages. SECTION 2. Section 24-6 of the Tiburon Municipal Code is hereby revised to read as follows: Section 24-06 Repairs; When Performed By Town If any Owner refuses or neglects to make such repair, reconstruction or improvement when required and directed in conformity with the provisions of this chapter, the Town Engineer shall cause such repair, reconstruction or improvement to be made, and any and all costs necessarily expended by the Town in making such repair, reconstruction or improvement shall be reimbursed to the Town as described below in Section 24-10. SECTION 3. Section 24-7 of the Tiburon Municipal Code is hereby revised to read as follows: H: IDCranel WPDOCSlRESOIAMEND CHAPTER 24 Sidewalk Maintenance ORD.doc Adopted August 6, 2003/Effective September 6, 2003 ___n - _________n__" ____.,_______ ---- ----- - ----- ------, ----------------. ---- --------------- ---_.- ---,,--- Section 24-07 Report; Town Engineer to File Upon the completion of the repair, the Town Engineer shall prepare a report specifying the repairs, reconstruction or improvement which have been made, the cost of the said work, a description of the real property adjacent to the Sidewalk Area on which the work has been undertaken and the amount against each lot or parcel of land proposed to become a special assessment to pay the cost of such work. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. All such reports shall be compiled and filed with the Town Council on an annual basis, allowing the council enough time to approve the reports and forward any special assessment to the Marin County Assessor's Office prior to the date fixed by law for the delivery of the assessment book, as discussed below in Section 24-10. SECTION 4. Section 24-8 of the Tiburon Municipal Code is hereby revised to read as follows: Section 24-08 Report; Notice of Hearing Upon the completion of the repair, the Town Engineer shall cause notice of the cost of the repair to be given the Owner (in the same manner specified in Section 24-05 for the giving of notice to repair), which notice shall specifY the date, time and place when the Town Council will hear and pass upon the report by the Town Engineer regarding the cost of the repair (if such date, time and place has been determined), together with any objections or protests, if any, which may be raised by any Owner liable to pay the cost of such repair and any other interested persons. If, upon completion of the work, the date, time and place for the hearing have not yet been determined, the Town shall send a second notice including such information at least 30 days prior to the hearing. SECTION 5 SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, the Town Clerk shall publish a summary of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. 2 - - ------------~-------------~--- ----- .-_. .-------,,- ----- .. ---- This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on July 16, 2003, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on August 6,2003, by the following roll call vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Slavitz, Thompson L~Q~ ALICE FREDERICKS, VICE MAYOR 3 ---------------..------------------ - --- -- -----------_._------,----------------- -------------_.---------------