BarryG4 (California)
Posts: 2
Posts: 2
Posted:
I have been working on this issue for years. I live in an unincorporated area in Newbury Park,CA. My municipality has marked up public residential sidewalks for over 15 years, sent out letters demanding that the public residential sidewalks be repaired, or else a lien against property. I had a land surveyor come to my property and repaired a property map, based on the dimensions in the County map. They told me that I own 6" before the sidewalk adjacent to my home, that the public residential sidewalks, parkway and street are owned by the municipality. They also told me that the tree planted on the parkway is owned by the Municipality, that tree damages to the sidewalks are the responsibility of the municipality.
We live in a General law Municipality, which has to follow state law, which they refuse. They signed a dedication of housing track 1116-1 in 1961, which requires them by law to maintain: "after the roads and streets have been dedicated and formally accepted as a part of the public road system, the city or county assumes the affirmative duty of maintenance". Miller and Starr, Ca Real Estate. Ca. Code 845 (a) The owners of any easement in the nature of a private right of way, or of any land to which any such easement is attached, shall maintain it in repair.
The Municipality has created two Ordinances, passing duty, responsibility and liability from the municipality to the adjacent property owner for maintenance of public residential sidewalks, who pay for this maintenance in gas taxes. They cite 1911 Improvement Act, SHC 5600-5630 as their authority. Two court cases Williams vs Foster and Schaefer vs Lenahan do not allow this Municipality to transfer liability, did not stop this Municipality. They used a Charter City Ordinance as their authority.
The 1911 Improvement Act, SCH 5600-5630 was created by State Legislators for towns with a business, never was intended for residential properties, not created till 1947. Gas taxes are paid by the citizens here to the State, which are passed down to the Municipality for sidewalk maintenance. In 103 years, this County does not have the legal criteria in 5610 and 5611, yet continues to mark up streets with legal definitions of what is an out of repair sidewalk, endangering, inpeeding, etc. It just marks up public residential sidewalks that are raised 1/16" of an itch or 1/8", cracks, etc, then demands repair. I have asked the County for their policies and procedures, legal criteria, as to what is an out of repair sidewalk. Since the courts deem that 1- 1 1/2" is still not considered out of repair, I wanted to know this General law Counties criteria, to mark these sidewalks they deem out of repair. The County told me they have no criteria, its not required, that they can mark up any sidewalk for any reason, sent a letter to adjacent property owner, demanding repair due to 5600-5630. They wont answer questions regarding easements they are required to maintain and dedications. They state that an Ordinance bypass State law, its legal for general law counties to perform this function. The law states Charter Cities and Counties can, not general law Cites and Counties, which must follow State law. How do I get this County, who owns the sidewalk, who owns the easement to fix out of repair sidewalks in my community, as they are required to perform? How do I get them to follow State law, define criteria of out of repair sidewalks, when it does not exist?
We live in a General law Municipality, which has to follow state law, which they refuse. They signed a dedication of housing track 1116-1 in 1961, which requires them by law to maintain: "after the roads and streets have been dedicated and formally accepted as a part of the public road system, the city or county assumes the affirmative duty of maintenance". Miller and Starr, Ca Real Estate. Ca. Code 845 (a) The owners of any easement in the nature of a private right of way, or of any land to which any such easement is attached, shall maintain it in repair.
The Municipality has created two Ordinances, passing duty, responsibility and liability from the municipality to the adjacent property owner for maintenance of public residential sidewalks, who pay for this maintenance in gas taxes. They cite 1911 Improvement Act, SHC 5600-5630 as their authority. Two court cases Williams vs Foster and Schaefer vs Lenahan do not allow this Municipality to transfer liability, did not stop this Municipality. They used a Charter City Ordinance as their authority.
The 1911 Improvement Act, SCH 5600-5630 was created by State Legislators for towns with a business, never was intended for residential properties, not created till 1947. Gas taxes are paid by the citizens here to the State, which are passed down to the Municipality for sidewalk maintenance. In 103 years, this County does not have the legal criteria in 5610 and 5611, yet continues to mark up streets with legal definitions of what is an out of repair sidewalk, endangering, inpeeding, etc. It just marks up public residential sidewalks that are raised 1/16" of an itch or 1/8", cracks, etc, then demands repair. I have asked the County for their policies and procedures, legal criteria, as to what is an out of repair sidewalk. Since the courts deem that 1- 1 1/2" is still not considered out of repair, I wanted to know this General law Counties criteria, to mark these sidewalks they deem out of repair. The County told me they have no criteria, its not required, that they can mark up any sidewalk for any reason, sent a letter to adjacent property owner, demanding repair due to 5600-5630. They wont answer questions regarding easements they are required to maintain and dedications. They state that an Ordinance bypass State law, its legal for general law counties to perform this function. The law states Charter Cities and Counties can, not general law Cites and Counties, which must follow State law. How do I get this County, who owns the sidewalk, who owns the easement to fix out of repair sidewalks in my community, as they are required to perform? How do I get them to follow State law, define criteria of out of repair sidewalks, when it does not exist?