HomeMy WebLinkAboutR-11565 formalizing the City's procedures for issuing Informal and Formal Notices to correct sidealkRESOLUTION NO. 11565 (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,
CALIFORNIA, FORMALIZING THE CITY’S PROCEDURES FOR
ISSUING INFORMAL AND FORMAL NOTICES TO CORRECT
SIDEWALK AND FRONTAGE IMPROVEMENT DEFICIENCIES
WHEREAS, Section 12.16.020 of the San Luis Obispo Municipal Code
incorporates Division 7, Part 3, Chapter 22 of the California Streets and Highways Code,
which establishes the responsibility of property owners to maintain sidewalks and
frontage improvements adjacent to their property in a safe condition; and
WHEREAS, the City of San Luis Obispo has adopted a Sidewalk Inspection
Program and developed a structured process to notify property owners of unsafe sidewalk
or frontage conditions and to encourage voluntary compliance through an informal
process before initiating formal procedures under state law; and
WHEREAS, the City’s informal process includes the issuance of at least two
Informal Notices to Correct (NOCs) which outline recommended corrective timelines and
encourage communication and flexibility, followed by a presentation to City Council if
voluntary compliance is not achieved; and
WHEREAS, under the Streets and Highways Code §§ 5610–5618, once a Formal
Notice to Correct is issued, property owners have 14 days to commence repairs, after
which the City is authorized to complete the work and pursue cost recovery if the property
owner fails to act; and
WHEREAS, City Council support is sought to initiate the formal process for
properties that have failed to respond to informal notices and to direct staff to complete
repairs and initiate cost recovery proceedings if necessary; and
WHEREAS, the sidewalk deficiencies on the subject properties pose risks to public
safety and have not been remedied despite multiple efforts at outreach and
accommodation by City staff.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council finds that the informal process described
in the staff report, including issuance of two Informal NOCs and efforts to achieve
voluntary compliance, constitutes a reasonable and necessary local practice to
encourage cooperation and provide flexibility to property owners while maintaining public
safety.
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Resolution No. 11565 (2025 Series) Page 2
R 11565
SECTION 2. Authorization of Process. The City Council hereby affirms the City's
two-phase process for correcting sidewalk and frontage improvement deficiencies:
• Informal Phase: Proactive inspections, initial and second Informal Notices to
Correct, outreach to property owners, and allowance for voluntary correction within
a structured timeline.
• Formal Phase: If no corrective action is taken, issuance of a Formal Notice to
Correct pursuant to Streets and Highways Code §§ 5611–5614, execution of
repairs by City staff or contractors if repairs are not initiated within 14 days, and
initiation of cost recovery through public hearing and special assessment as
permitted under §§ 5616–5629.
SECTION 3. Waiver Provision. The Public Works Director is authorized to waive
issuance of a Formal Notice to Correct if the property owner takes corrective action before
the notice is formally issued.
Upon motion of Vice Mayor Shoresman, seconded by Mayor Stewart, and on the
following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The forgoing resolution was adopted this 20th day of May 2025.
_______________________________________
Mayor Erica A. Stewart
ATTEST:
________________________________
Teresa Purrington. City Clerk
APPROVED AS TO FORM:
_________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ________________________________.
________________________________
Teresa Purrington, City Clerk
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6/6/2025 | 10:06 AM PDT