Chapter 12.28
SIDEWALKS, DRIVEWAYS, CURBS, AND GUTTERS
Sections:
12.28.020 Adoption of state provisions.
12.28.040 Permit – Application.
12.28.050 Work subject to approval of city engineer.
12.28.060 Regulations generally.
12.28.070 Standard plans and specifications for construction.
12.28.080 City inspection and approval.
12.28.090 Concrete construction required.
12.28.100 Removal of debris and surplus materials after completion.
12.28.110 Barricades and lights required.
12.28.120 Posting of permit required.
12.28.140 Maintenance of sidewalks required.
12.28.150 Maintenance of driveways.
12.28.160 Denial of permits upon noncompliance.
12.28.170 Collection of money upon completion of work.
12.28.180 Number of working days specified on permit.
12.28.190 One lot improvement guarantee.
12.28.200 Deferred improvement agreements.
12.28.010 Applicability.
The provisions of this chapter shall be applicable only to sidewalk, driveway and driveway approach work of less than 2,500 square feet and curb and gutter work of less than 500 linear feet. (Ord. 91-05 § 3, 1991)
12.28.020 Adoption of state provisions.
The provisions of Section 5600 through 5630, inclusive, of the Streets and Highways Code of the state are adopted as the procedure governing the construction, maintenance and repair of sidewalks, driveways and driveway approaches in the city. The definitions set forth in Streets and Highways Code Section 5600 shall control for purposes of this chapter, and for the purpose of this chapter, “sidewalk” as defined in Section 5600 of said code shall also include “driveway” and “driveway approach.” (Ord. 91-05 § 3, 1991)
12.28.030 Permit – Required.
A. It is unlawful for any person, firm, or corporation to cut, remove, construct, repair or cause to be cut, removed, constructed or repaired in the city any sidewalk, driveway, driveway approach, curb, or curb and gutter without first obtaining a written permit from the director to do the work. The permit shall be on a form provided by the director.
B. If the director refuses to issue a permit, the applicant shall have the right of written appeal to the city council, which may direct the director to issue the permit.
C. When the work is to be done by a licensed contractor at the same time on contiguous properties one permit shall be sufficient to cover the entire work contemplated.
D. In no case, however, shall a permit be required or granted to construct sidewalks, curbs, or curbs and gutters when the city council has instituted improvement proceedings under the general laws of the state relating to the work. (Ord. 07-07 § 1, 2007; Ord. 91-05 § 3, 1991)
12.28.040 Permit – Application.
The permit shall be obtained by the property owner, contractor, or person under whose supervision the work will be done. The permittee shall be held responsible for the work and for the obtaining of the permit. The applicant for the permit shall furnish written evidence of the consent of the property owner or his or her agent for the securing of the permit. The applicant shall specify the following:
A. The name and residence of the applicant;
B. The location of the property in front of which the proposed construction or repair work is to be done;
C. The name of the person, firm, or corporation who will perform the work;
D. The nature and dimensions of the proposed work;
E. Such additional information as the director may require. (Ord. 91-05 § 3, 1991)
12.28.050 Work subject to approval of city engineer.
All work covered by a permit must be constructed and laid down subject to the approval of the city engineer or his designated representative, and such person shall have the authority to prescribe the quality of the material used therein and the manner in which the work shall be done. All work shall be done in accordance with all ordinances of the city pertaining thereto and to the elevations established by the city engineer and to the line and grade as approved by the city engineer and shall be completed to the complete satisfaction of the city engineer or his designated representative. The city engineer shall fix the width of sidewalks, curbs, gutters and driveways in all public easements. (Ord. 91-05 § 3, 1991)
12.28.060 Regulations generally.
No permit issued under this chapter shall be in conflict with the regulations of HMC 12.28.070 through 12.28.110. (Ord. 91-05 § 3, 1991)
12.28.070 Standard plans and specifications for construction.
All sidewalks, driveways, driveway approaches, curbs, or curb and gutter work shall be done and must be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveways, driveway approaches, curbs and curbs and gutters, for the city, which standard plans and specifications are on file in the office of the clerk and which standard plans and specifications are adopted as the standard plans and specifications for all construction of concrete sidewalks, driveways, driveway approaches, curbs, curbs and gutters in the city, and are made a part of this chapter in their entirety as though set forth in this chapter. (Ord. 91-05 § 3, 1991)
12.28.080 City inspection and approval.
All prepared subgrades and surfaces shall be inspected and approved by the city before any concrete is poured. All completed work shall be subject to approval by the city council. At least 48 hours’ advance notice shall be given to the city by the applicant in accordance with improvement standards procedures in order that the city may schedule inspections. Permittee shall pay all inspection costs for work subject to this chapter. (Ord. 07-07 § 1; Ord. 91-05 § 3, 1991)
12.28.090 Concrete construction required.
No sidewalk, driveway, driveway approach, curb, or curb and gutter shall be constructed other than of concrete unless special permission therefor has been first obtained from the city engineer. (Ord. 91-05 § 3, 1991)
12.28.100 Removal of debris and surplus materials after completion.
All debris and surplus materials shall be removed promptly upon completion of the work. (Ord. 91-05 § 3, 1991)
12.28.110 Barricades and lights required.
The applicant shall maintain the premises in a safe manner and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free and harmless from any dangers incurred by his operations. (Ord. 91-05 § 3, 1991)
12.28.120 Posting of permit required.
The permits for the construction or repair of sidewalks, driveways, driveway approaches, curbs, or curbs and gutters shall be posted conspicuously near the work by the person to whom the permit is granted. (Ord. 91-05 § 3, 1991)
12.28.130 Notice to repair.
The city shall issue a notice to repair a sidewalk, driveway, driveway approaches, curbs, or curbs and gutters to the owner or person in possession when any portion of the sidewalk, driveway, driveway approaches, curbs, or curbs and gutters are determined by the city to be in a state of disrepair. Such notice to repair shall set forth the nature of the repair required, and a reasonable time within which such repairs must be performed. If, after a notice to repair is received by the owner or person in possession, and the owner or person in possession fails to undertake the repairs within the time specified in such notice, then the city shall undertake such repairs, and the cost incurred in making such repairs shall be assessed against the property owner. The notices, reports, hearings, assessments and collections shall be undertaken as set forth in Streets and Highways Code Sections 5600, et seq. (Ord. 96-06 § 1, 1996; Ord. 91-05 § 3, 1991)
12.28.140 Maintenance of sidewalks required.
It is unlawful for any person, firm, or corporation owning any building, lot, or premises in the city fronting on any portion of a street, road, or public way where a sidewalk is laid, to allow any portion of such sidewalk in front of such building, lot, or premises to be out of repair or become, be, or remain dangerous to the users thereof for any reason, including, without limitation, by reason of slipperiness, accumulation of trash or debris or otherwise. The purpose of this section is to protect the users, including normal, customary and usual pedestrian and vehicular traffic, from injury. Such person, firm, or corporation must at all times keep each such sidewalk in such condition that it will not endanger persons or property passing thereon, will not interfere with public conveyance in the use thereof, or be, or remain an obstruction or impediment to normal, customary and usual pedestrian or vehicular traffic. (Ord. 91-05 § 3, 1991)
12.28.150 Maintenance of driveways.
It is unlawful for any person, firm, or corporation owning property within the city into which is constructed a driveway, to fail to keep such driveway or driveway approach in a good state of repair at all times, or to allow it to become or remain dangerous to the users thereof for any reason, including, without limitation, by reason of slipperiness, accumulation of trash or debris or otherwise. The purpose of this section is to protect the users, including normal, customary and usual pedestrian and vehicular traffic, from injury. (Ord. 91-05 § 3, 1991)
12.28.160 Denial of permits upon noncompliance.
The failure of any person, firm, or corporation to obey the provisions of this chapter or the lawful directions of the city engineer, the director, or his or her designated representative, relative to work shall be deemed to be sufficient cause to refuse the request of the person, firm, or corporation for further permit for work of such character or to cause the stoppage of any work and progress by the city engineer by written notices posted on the property until full compliance with the terms of this chapter have been had. (Ord. 91-05 § 3, 1991)
12.28.170 Collection of money upon completion of work.
No contractor shall collect or attempt to collect money for sidewalk, driveway, curb, or gutter work done on a private contract unless the work has been done in all respects in accordance with this chapter. (Ord. 91-05 § 3, 1991)
12.28.180 Number of working days specified on permit.
Any permit granted under the provisions of this chapter shall specify the number of working days within which the work shall be completed. The work shall be commenced within 30 days after the granting of the permit and shall be prosecuted with diligence to completion. (Ord. 91-05 § 3, 1991)
12.28.190 One lot improvement guarantee.
A. The owner, builder, or developer of any real property other than that contained within a subdivision, as defined in the subdivision ordinance of the city, shall guarantee the installation of or shall pay a deposit or fee to the city sufficient to cover the actual cost at the time of development of the installation of curbs, gutters, sidewalks, and street paving. The type of installation, and the amount of any such deposit or other guarantee, shall be as determined by the city engineer. The guarantee of the installation of these improvements or the deposit or fee, as the case may be, shall apply to, be charged to, and paid by the owner, builder on, or developer of, any real property sought to be annexed to the city prior to its actual annexation. The guarantee of the installation of these improvements or the deposit or fee, as the case may be, shall also apply to, be charged to, and paid by the owner, builder on, or developer of any real property already situated within the city, which is sought to be improved or developed in any manner, which real property presently does not already have curbs, gutters, sidewalks, and street paving.
B. In the case of any lot, parcel, or acreage of real property already situated within the city, the guarantee of the installation of these improvements, or the payment of a deposit or fee covering the cost of any such installation as required that exceeds $1,000 in value as estimated by the city engineer, shall be paid prior to the issuance of any building permit or other necessary authorization required to be given by the city in connection with any such improvements sought to be made on the real property.
C. For improvements that do not exceed $1,500 as estimated by the city engineer, the owner, builder, or developer shall not be required to post a deposit for these improvements prior to the issuance of a building permit. In those cases where the owner, builder, or developer chooses not to post a deposit guaranteeing installation of the improvement, the city building department shall only conduct building inspections up to and including the foundation inspection. All subsequent inspections will not be made until all improvements are completed to the city standards.
D. The above deposit or fees shall be adjusted by resolution of the city council. The improvement cap shall be adjusted annually as of July 1st of each year hereafter in order to reflect any increase or decrease as shown in the engineering news record index published and in effect on July 1st of each year hereafter. The city council, for good cause shown, shall have the right to waive or modify any or all of the requirements of this section should they so determine, where special circumstances exist to justify such action. (Ord. 07-07 § 1; Ord. 91-05 § 3, 1991)
12.28.200 Deferred improvement agreements.
A. The frontage improvements may be deferred when deemed necessary by the city engineer. Deferral will be allowed when the city engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at such time in the future as required by the city. The agreement shall provide:
1. That the improvement security shall be provided before entering upon the performance of the work;
2. Construction of said improvements shall commence within 90 days of the receipt of the notice to proceed from the city;
3. That in event of default by the owner, successors or assigns, the city is authorized to cause said construction to be done and charge the entire costs and expense to the owner, successors, or assigns, including interest from the date of notice of said costs and expense until paid;
4. That this agreement shall be recorded in the office of the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the city, including interest as above, subject to foreclosure in event of default in payment;
5. That in event of litigation occasioned by any default of the owner, successors, or assigns, the owner, successors, or assigns agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against the real property;
6. That the term “owner” shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitutes a lien against it.
The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this ordinance and all applicable sections of this code in effect at the time of construction.
B. Where remainders are made part of a final or parcel map, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider’s expense. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Ord. 91-05 § 3, 1991)