TITLE VIIPUBLIC WORKS

CHAPTER 1—STREETS AND SIDEWALKS

(Ord. 930, eff. 10/19/1979; Ord. 1081, eff. 7/4/1986; Ord. No. 1193, eff. 7/31/1992; Ord. 1200, eff. 12/18/1992)

ARTICLE 1—PLANS AND GRADES

Sec. 7000 Plans and grades for street work.

All street work, plans and profiles, shall be prepared and approved and filed in the office of the City Engineer. Elevation of surveys shall be based on the United States Coast and Geodetic Survey Mean Sea Level Datum of 1929.

ARTICLE 2—CONSTRUCTION

Sec. 7100 Concrete.

All sidewalks in the City, unless otherwise allowed by this article, shall be constructed of concrete.

Sec. 7101 Construction of sidewalks. (Ord. 1081, eff. 7/4/1986)

A.    In every case where a new building is to be constructed on a lot which is adjacent to a dedicated City street, it shall be the responsibility of the owner to have constructed, prior to final acceptance of the building, a sidewalk, curb and gutter, all of which shall conform to the requirements of this Chapter of the Municipal Code.

B.    The Zoning Administrator, after making a written finding that in any particular case any of the first following three criteria have been met and that both of the last two criteria have been met, and with the concurrence of the Director of Public Works, may grant a sidewalk non-compliance:

1.    If a financial hardship would result because of the unique site conditions.

2.    If construction would result in substantial environmental damage.

3.    If construction would unavoidably damage scenic qualities on the site.

4.    If non-compliance will not result in a danger to pedestrians.

5.    If existing and projected pedestrian traffic can be accommodated on other sidewalks on the street.

A sidewalk non-compliance is granted for a particular set of conditions at a particular point in time. If conditions change so that the findings are no longer valid, a sidewalk non-compliance may be revoked and the sidewalk required to be constructed.

Sec. 7102 Sidewalks.

All sidewalks in the City of Arcata shall be not less than five feet in width. However, the City Council may at any time when public convenience demands it, or when it may be deemed advisable, authorize or require the laying of a sidewalk or sidewalks of other dimensions and of other materials than those herein specified.

Sec. 7103 Construction standards.

All concrete sidewalks shall be four inches thick, with a rough surface, and shall be built and constructed in accordance with the "Detailed Drawings" of sidewalks and gutters on file in the office of the Department of Public Works. Any and all soft material shall be removed from the foundation and replaced with proper filling tamped so as to give a substantial earth foundation for such walk and so as to conform to the city street grades.

All concrete sidewalks shall be composed of Class A concrete according to the specifications therefore on file in the Department of Public Works of the City of Arcata.

Sec. 7104 Duty to repair or rebuild. (Ord. 1200, eff. 12/18/1992)

A.    The owners of lots or portions of lots fronting on any public street or place which is improved as a sidewalk, or as a park, parking strip or parking street, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property or interfere with the public convenience and the use of those areas. Conditions created or maintained in, upon, along, or in connection with said sidewalk by any person other than the owner, pursuant to any permit or right granted to such person by law or by the City shall confer a like duty in relation thereto to said persons.

B.    If any person, after reasonable notice in writing from the Director of Public Works, shall fail to repair or rebuild his sidewalk, such work may be done by the City of Arcata, and the cost of such work shall become a lien against the adjoining property, due and payable the same as city taxes, and of like force and effect, as specified herein and in conjunction with the provisions of California Streets and Highways Code, Improvement Act of 1911, Division 7, Chapter 22.

Sec. 7104.1 Notice to repair: Failure to repair. (Ord. 1200, eff. 12/18/1992)

A.    When any portion of a sidewalk is out of repair or pending reconstruction and in a condition to endanger persons or property or in a condition to interfere with the public convenience in the use of such sidewalk, the Director of Public Works shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.

B.    The notice shall particularly specify what work is required to be done, how it is to be done, and what materials shall be used in the repair.

C.    The notice shall further state that if the repair is not commenced within two (2) weeks after notice is given and diligently and without interruption prosecuted to completion, as required by the notice, the Director of Public Works may undertake the repair of the sidewalk, and the costs of the repair shall be a lien on the property.

Sec. 7104.2 Manner of giving notice.

A.    Notice to repair may be given by delivering a written notice personally to the owner or person in possession of the property facing upon the sidewalk so out of repair, or by mailing a written notice, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment roll.

B.    When a notice to repair is mailed, the Director of Public Works shall immediately post in a conspicuous place on the property a copy of the notice to repair, on a card not less than 8 inches by 10 inches in size. In lieu of posting a copy of the mailed notice, the Director of Public Works may, not less than seven (7) days nor more than ten (10) days after mailing the first notice, mail a "Second Notice," postage prepaid, to the person to whom the first notice was addressed. The "Second Notice" shall contain the information specified in Section 7104.1.

Sec. 7104.3 Assessment of repair costs: Notice and Hearing.

A.    If the Director of Public Works makes repairs in accordance with Section 7104.1, he or she shall keep an itemized account of the costs of the repair. Upon the completion of such repairs, the Director of Public Works shall prepare and file with the City Council a report specifying the repairs which have been made, the cost of the repairs, and associated work, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof.

B.    The Director of Public Works shall give notice to the owner or person in possession of the property facing upon the sidewalk and repaired by the City in accordance with Section 7104.1, of the cost of repair filed with the City Council. In addition, said notice shall specify the day, hour and place where the City Council will hear and pass upon the report, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons.

C.    At the hearing, the City Council shall pass upon the report of the Director of Public Works, together with any objections or protest which may be raised by any of the property owners liable to be assessed for the work of making such repairs and any other interested persons. Thereupon, the City Council may make any such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, revised, corrected or modified shall be confirmed.

Sec. 7104.4 Assessment of repair costs: Lien.

A.    The cost of the repair as adopted by the City Council may be assessed by the City Council against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five (5) days after its confirmation by the City Council shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

B.    The Director of Public Works shall file in the office of the County Recorder a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by the Improvement Act of 1911, Streets and Highways Code Section 5000 et seq. and Arcata Municipal Code Title VII, Chapter 1, Article 1, I did on the day of , cause the sidewalk, curb, or bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and removed, and the City Council of Arcata did, on the day of , by Resolution No. [or by motion] assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Arcata does hereby claim a lien on said real property in the sum of $ Dollars, and the same shall be a lien upon said real property until the said sum, with interest at the rate of % per annum, for the said day of , the date of confirmation of assessment, has been paid in full and discharged of record.

The real property herein before mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Arcata and County of Humboldt, State of California, and particularly described as follows:

(Description of Property)

Dated this ____ day of ______.

_______________________________

Director of Public Works

Sec. 7104.5 Collection of lien.

A.    Upon recordation, if any lien is not paid, the City may, at its option, file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that which is specified under California Streets and Highways Code, Improvement Act of 1911, Division 7, Chapter 11.

B.    As an alternative, the City may deliver the notice of lien, after recordation, to the County Auditor who shall enter the amount of the lien on the assessment role as special assessments. Thereafter, the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest, and to the same procedures for foreclosures and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.

Sec. 7104.6 Payment in installments.

The City Council may, in its discretion, determine that the payment of assessment of $100.00 or more be made in annual installments, not to exceed five (5), and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after confirmation of the assessments by the City Council. Determinations under this Section of the City Council shall be expressed by resolution at any time prior to the confirmation of the assessments.

Sec. 7105 Permit to do street work. (Ord. 1081, eff. 7/4/1986)

No person shall lay, construct, reconstruct, or repair, in any street or other public place in the City, or in, over or through any property or right of way owned by the City, any curb, sidewalk, gutter, driveway, graded or oiled roadway, macadamized roadway, pavement, sanitary sewer, storm drain or culvert without first obtaining a permit in writing to do so from the Director of Public Works.

A.    WIDTH OF DRIVEWAY. The maximum width of any driveway shall be 30 feet at the gutter line, but only such width as approved on the face of the permit shall be constructed.

B.    DISTANCE BETWEEN DRIVEWAYS. The minimum distance between driveways serving the same lot or parcel of land shall be not less than thirty (30) feet.

C.    TOTAL DRIVEWAY FRONTAGE. Total driveway frontage shall not exceed sixty percent (60%) of the frontage upon any street of the lot, lots, or parcel of land to be served thereby.

D.    DISTANCE FROM INTERSECTING STREET LINES. No driveway shall be within 25 feet of the extension of any intersecting street line.

E.    VARIANCE FROM GRADE. No portion of any walk shall be below the official grade and no portion of the walk shall be more than 2 inches above the official grade.

F.    PLANS AND SPECIFICATIONS. All work mentioned for which a permit shall have been issued as provided in this Section shall be performed in accordance with the specifications or standard plans adopted by the City for such class of work (or the special plans and specifications prepared therefore by the Director of Public Works) and referred to in the permit, and shall be performed to the satisfaction of the Director of Public Works and under the supervision of an inspector appointed by the Director of Public Works for such work; provided, however, that the Director of Public Works may waive inspection during actual construction of any or all patchwork, which is hereby defined as consisting of less than thirty lineal feet of curb, or less than one hundred square feet of sidewalk, or less than one hundred square feet of paving, or less than thirty lineal feet of gutter, or a combination of any or all of the foregoing.

Sec. 7107 Special permit.

The Planning Commission may, in special cases if deemed necessary to serve a public purpose, order the issuance of a special permit by resolution, which may authorize the construction and maintenance of driveways in excess of the limitations and restrictions set forth in this Article.

Sec. 7108 Same - Fee. (Ord. No. 1193, eff. 7/31/1992)

A fee, as set forth in the Schedule of Fees adopted by resolution of the City Council, shall accompany each application for a special permit; and no application shall be considered until said fee shall have first been paid.

Sec. 7109 Application for permit.

Any person desiring a permit to perform any work mentioned in this Article shall file a written application therefore, with the Director of Public Works on forms furnished by the Director of Public Works which application shall state the location, nature and extent of the work to be performed, the material to be used, the length of time which will be required to complete the work and such other information as the Director of Public Works may require. The Director of Public Works may modify the time specified for the completion of the work, and may make such changes as to the location and extent of the work as in his judgment are necessary to prevent undue interference with traffic or danger to the safety of persons affected or nearby facilities.

Sec. 7110 Plans and estimates.

When, in the opinion of the Director of Public Works, the work requires the making of special plans therefore, the Director of Public Works shall make an estimate of the total expense which will be incurred by the City in connection therewith, which shall include the cost of engineering work and estimates, the preparation of plans, inspection and all other necessary work and expense. If, in the opinion of the Director of Public Works, the proposed work does not require the making of special plans therefore, the Director of Public Works shall estimate the total expense which will be by the City in connection therewith, and may estimate the cost of the proposed work. The applicant shall deposit the estimated amount of the total expense with the Director of Public Works.

The Director of Public Works may, in his discretion, require that the applicant, before any permit shall be issued, file with the Director of Public Works a good and sufficient bond, approved by the City Attorney and payable to the City, in an amount equal to not less that one hundred per centum of the estimated cost of the proposed work, and conditioned upon the faithful performance of the work for which such permit is issued, in accordance with the permit and the specifications, or plans and specifications, prepared therefore and referred to in the permit. Such bond shall be either a cash bond, or a bond executed by the permittee, a certificate of acceptance which shall contain a statement of the location, nature and total amount of the work performed under the permit.

Sec. 7113 Return of excess deposit.

After the acceptance of any work done under a permit issued pursuant to this Article, the Director of Public Works shall deduct from the deposit herein before provided for, the amount of the total expense incurred by the City in connection therewith, and shall return the unexpended portion thereof to the permittee. The decision of the Director of Public Works as to the amount of expense incurred by the City in connection with any work done under permit pursuant to this Section shall be final and conclusive.

Sec. 7114 Refund.

Any unused permit issued under the provisions of this Article shall be canceled, and the deposit made in connection therewith, less the amount of any expenses already incurred by the City on account thereof, shall be returned to the permittee upon surrender of the permit.

Sec. 7115 Unauthorized work.

No person to whom a permit has been granted under the provisions of this Article shall perform any of the work mentioned herein in excess of that specified in the permit issued therefore.

Sec. 7116 Debris cleanup.

No person performing any work under the provisions of this Article shall fail, refuse, or neglect to remove all materials and debris within three days after the completion of the work; provided, however, that where new work is covered with earth the terms of the specifications of the City governing such work shall control.

Sec. 7117 Street excavation permit.

No person shall make any excavation in, along, or under the surface of any street or other public place in the City, or dig in, plow up, tear up, fill, cover, disturb, or change any portion of the same, or permit to be constructed, put upon, maintained, or left thereon, any material, without first obtaining a written permit therefore, which permit shall be issued by the Director of Public Works upon compliance by the applicant with the requirements hereinafter set forth.

The applicant for such permit shall sign and file in the office of the Director of Public Works on a form to be supplied by the Director of Public Works, an application which shall set forth the name, address, and principal place of business of the person making the application and location and dimensions of the excavation to be made, the proposed purpose thereof, the nature of, and the location at which it is proposed to place obstructions, materials and debris in connection therewith, and the length of time which will be required to complete such work, backfill the excavation, and remove all obstructions, material and debris.

Sec. 7118 Plat.

An applicant for a permit to excavate in any street or other public place shall file in the office of the Department of Public Works a plat, in duplicate, designating said street, or other public place, and the location thereof, together with a designation thereon of the location of the proposed excavation, the dimensions thereof, and any and other details which may be requested by the Director of Public Works, provided, however, that plats shall not be required when excavations are to be made for service connections or for the location of trouble in conduit or pipes, or making repairs.

Sec. 7119 Orders of Director of Public Works.

The applicant shall show to the satisfaction of the Director of Public Works a right to use and occupy, for the purpose mentioned in the application, the street or other public place wherein the excavation is proposed to be made. The Director of Public Works may modify the time specified for the compensation of the work, the backfilling of the excavation, and the removal of all obstructions, materials and debris, and make such changes in the application as to the nature, location, size and depth of such excavation as he may deem necessary for the protection of the street, or other public place wherein such excavation is to be made, or are in his judgment necessary for the proposed purpose thereof, and may make such changes as to the location, size and character of obstructions to be placed in any street or other public place as in his judgment are necessary to prevent undue interference with traffic or danger to the safety of persons using the same.

Sec. 7120 Commencement of work.

The applicant shall agree in advance to commence and prosecute the excavation or other work and to fill in such excavation, in accordance with the permit, in accordance with the laws and ordinances governing such work in the City, and in accordance with the requirements of the Director of Public Works and to remove all obstructions, materials and debris placed in the street or other public place by the applicant, all to the satisfaction of the Director of Public Works, and within the time limit specified in the permit therefore, or that the excavation may be filled in such manner and any obstruction, materials, or debris may be removed by the Director of Public Works at the expense of the applicant. The amount of such cost shall be payable on demand to the Director of Public Works by the person to whom the permit was issued, and no further permit shall be issued to such person until such demand is paid in full. The decision of the Director of Public Works as to the cost of any work done by him or under his direction shall be final and conclusive as to such costs.

Sec. 7121 Permit.

Upon the compliance by the applicant with the foregoing conditions and requirements, the application and plat aforesaid shall be approved by the Director of Public Works subject, however, to such conditions and restrictions as he may deem necessary for maintenance of public health, safety and welfare, and shall be filed as public record in the office of said Director of Public Works; whereupon the Director of Public Works shall issue, in such form as he may approve, a written permit to the applicant to do and perform the acts mentioned in said application. No permit so issued shall be transferable, and every such permit shall become void unless the excavation or other work thereby permitted to be done is commenced within the time limit specified therein and thereafter diligently and continuously prosecuted. If the same is not so commenced and diligently and continuously prosecuted, in the judgment of the Director of Public Works, he shall have the power to cancel the permit. Permits shall be automatically canceled and become void if the applicant does not commence the work within sixty days from the date thereof.

Sec. 7122 Obstructions.

No person shall make any excavation or construct, put upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any street, alley or other public place in the City at any location other than, or in any area greater than, that shown in the permit issued under this Section.

Sec. 7123 Backfill.

Upon the completion of the work for which the excavation was made, the permit holder shall promptly backfill the excavation in a manner conforming to all laws and ordinances of the City, and all requirements of the Director of Public Works, and shall promptly remove all obstructions, materials and debris. The permittee shall maintain the backfill safe for traffic and shall, from the time of the beginning of the work for which the permit was issued, maintain barricades and warning lights and assume responsibility for all accidents which may occur, due to vehicles or pedestrians crossing the site of the excavation, until the surface of the street, alley or other public place has been replaced or restored by the Director of Public Works.

Sec. 7124 Notice of completion.

Upon the completion of the backfill and removal of all obstructions, material and debris as herein provided, the permit holder shall give written notice thereof, on a form provided therefore, to the Director of Public Works. All surfaces of streets and other public places excavated or damaged shall be replaced or restored by the Director of Public Works at the cost of the City.

Sec. 7125 Emergencies.

Nothing in this Section shall be construed to prevent any person from making such excavation as may be necessary for the preservation of life or property, when such necessity arises during such hours as the office of the Director of Public Works is closed; provided that the person making such excavation shall obtain a permit therefore within one day after the office of the Director of Public Works is first opened subsequent to the making of such excavation.

Sec. 7126 Exceptions.

None of the provisions of this Section shall apply to any work done along, or under any street or other public place pursuant to any law of the State of California, or any ordinance of the City providing for the improvement thereof, or pursuant to any contract for street improvement authorized by the Council, or to the storage in streets, alleys or other public places of materials to be used in the construction of buildings.

Sec. 7127 Effect on other sections.

Nothing contained in this Article shall affect any ordinance or requirement of the City now or which may hereafter be in effect in respect to the inspection of plumbing, gas or electric construction or as to the making of connections with public sewers, or other mains or conduits in the City, or as to the payment required for the making of connections with public sewers.

ARTICLE 3—PROTECTION

Sec. 7200 Transporting material over street.

No person shall transport material of any kind over, along or across the public streets, alleys, or sidewalks in cars or vehicles of any kind, or by any method, unless the same is so transported or carried that no portion of any materials shall fall or be deposited upon the public streets or sidewalks, and all vehicles of any kind used to haul or transport earth or other material along the public streets shall be cleaned before leaving the loading place, and also, before leaving the dumping place, and especially shall all vehicles hauling solid waste or commercial fertilizer, be so constructed that such materials will not waste through and be deposited upon the streets or sidewalks, in whole or in part; but this shall not apply to depositing material on the streets under lawful permits for building or improvement purposes.

Sec. 7201 Same: Accidental deposit on street.

In case material is deposited by accident or other means upon the public street, alleys or sidewalks, contrary to Section 7200, the same shall be immediately cleaned from said street and removed by the person in charge of such car or vehicle. If not so removed, City crews may perform such work and charge the person for the reasonable value of such services.

Sec. 7202 Duty to maintain.

Any sidewalk constructed of material other than concrete shall be maintained at all times by the property owner. Where such owner fails or neglects to keep such sidewalk in a state of good repair, it shall be the duty of the Director of Public Works to institute proceedings to compel the installation of a cement sidewalk forthwith.

ARTICLE 4—HOUSE NUMBERS

Sec. 7300 House numbering system adopted.

A uniform system of house numbers described in the following sections is hereby adopted and established in the City.

Sec. 7301 Base streets.

Two base streets are established from which all numbers shall run. Streets running east and west shall be numbered from Union Street. Streets running north and south shall be numbered from Front Street. Each block shall be given 100 numbers. All numbers on the east and north sides of streets shall be even, all numbers on the south and west sides shall be odd. Numbers shall be apportioned fifty to each side of a block at as near a ratio of one number to each five feet of block frontage as is possible. Numbers on all through streets south of Front Street shall be prefixed with the letter "S". Numbers on all streets east of Union shall be prefixed with the letter "E".

Sec. 7302 Duty of owners or occupants of premises - Generally.

Every person owning, controlling, occupying or using any house, store, storeroom or building situated on premises fronting on any street, avenue, or other public way or place in the city shall procure, place, attach and maintain in a conspicuous place on the street-front of every such house, store, storeroom or building the number assigned thereto by the City.

Sec. 7303 Supervision and control.

It shall be the duty of the Director of Public Works to exercise general supervision and control over the numbering of buildings in the City, in accordance with the provisions of this Article. He shall issue official numbers to applicants and shall cause citations to be issued against persons violating the provisions of this Article.

Sec. 7304 In case of new or altered structures.

It shall be the duty of every person owning, controlling, occupying or using any new or altered structure required to be numbered by this Chapter to place, attach and maintain the appropriate number to such structure within sixty days after either the completion or occupancy of the structure, whichever comes first.

Sec. 7305 Size, type, etc., of numbers.

All house numbers shall be of such size, and type and so placed as to be easily visible and legible from the center of the street, avenue or other public way or place upon which the premises fronts and shall not be less than three inches in height.

ARTICLE 5—PUBLIC TELEPHONES

(Ord. 930, eff. 10/19/1979)

Sec. 7310 Telephones on Sidewalks - General.

It is in the public interest that public telephones be placed on the public sidewalks of the City of Arcata at locations to be designated as provided in Section 7312 of this Article. Such telephones will aid fire protection, the prevention and detection of crime and the reporting of accidents and other emergencies. Such telephones will also be a convenience to the public. When so located such telephones will not unreasonably interfere with the rights of the public to use such sidewalks and will be consistent with their dedication to the public.

Sec. 7311 Payment to City.

The permittee shall pay to the City of Arcata an amount equal to fifteen percent (15%) of the receipts in lawful currency of the United States (exclusive of Federal communications excise taxes) from the coin receptacles of the public telephones installed pursuant to this permit. Payments shall be made to the City not less frequently than annually.

Sec. 7312 Issuance of permits.

The City Manager is authorized to issue permits from time to time to the serving telephone company for the installation and maintenance of public telephones on the public sidewalks of the City of Arcata. The City Manager shall approve the number and location of such public telephones so as to best serve the public interest.

Sec. 7313 Installation.

The installation of the public telephones is to be in a manner acceptable to the Director of Public Works of the City of Arcata, and the City of Arcata, at its expense, will furnish electrical service for illumination for such installations.

Sec. 7314 Provisions of permits.

Permits issued pursuant to Section 7312 of this Article shall include the following provisions:

A.    The permittee shall maintain the public telephones and any associated booths in good repair and safe and sightly condition at permittee’s expense and to the satisfaction of the City Manager.

B.    The permittee shall save the City of Arcata harmless from any and all losses, claims or judgments for damages to any person or property arising from the installation, maintenance or presence of the public telephones.

C.    The permit shall be revocable, thereby causing permittee to remove its installation or installations on thirty (30) days written notice to the permittee from the City Manager. The permittee in its discretion may remove any telephone installation at any time. In the event of the removal by the permittee of any such installation or installations, either at the request of the City Manager or in the exercise of the permittee’s discretion, permittee shall restore the sidewalk as nearly as practicable to its condition prior to such installation or installations.