Chapter 12.08
ENCROACHMENT PERMITS AND CONSTRUCTION AND REPAIR OF STREETS AND SIDEWALKS
Sections:
12.08.035 Banners, sidewalk sales, special events, closing of streets.
12.08.040 Construction specifications generally.
12.08.050 Construction required for new buildings.
12.08.070 Owner duty to repair sidewalks.
12.08.080 Owner’s duty to repair driveways.
12.08.085 Maintenance and repair of sidewalks.
12.08.086 Liability for injuries to public.
12.08.010 Permit required.
It is unlawful for any person to construct, repair, or cause to be constructed or repaired, in the city any work within the public right-of-way, nor shall the public right-of-way be obstructed by the placement of scaffold, building materials, or anything which will infringe on the right-of-way without first obtaining a permit from the city engineer or his designee to do so. In no case, however, shall a permit be required or granted to construct sidewalks, curbs or curbs and gutters when the council has instituted improvement proceedings under the general laws of the state relating to such work. Nor shall an encroachment permit be required for new subdivisions when the city engineer has approved the subdivision improvements plans which clearly show the work to be done unless a permit is specifically required by the city engineer. (Ord. 90-556 § 2).
12.08.020 Permit application.
Any person desiring a permit for the construction or repair of a sidewalk, driveway, driveway approach, curb or curb and gutter, banners, sidewalk sales, etc., or any other incidental work within the city right-of-way shall file with the city engineer evidence of liability insurance, in conformance with standard city policy, and a permit application in writing all on the forms furnished by the city for those purposes. Such forms shall provide 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 is to be made;
C. The nature and dimensions of the proposed work;
D. Evidence of liability insurance coverage to the limits established by council policy which names the city as additionally insured;
E. The proposed method of traffic control when required by the city engineer;
F. Such additional information as the city engineer may require. (Ord. 90-556 § 2).
12.08.030 Security.
At the discretion of the city engineer, a completion and maintenance bond may be required as a condition precedent to issuing an encroachment permit to guarantee the satisfactory completion and maintenance for a period of one year, and in a form acceptable to him such as a security bond, letter of credit, or cash. (Ord. 90-556 § 2).
12.08.035 Banners, sidewalk sales, special events, closing of streets.
The performance of functions such as placing banners across the street, sidewalk sales, special events, closing of streets, etc., within the public right-of-way which in any way place the city at risk or in any way hinder or restrict the use of the right-of-way for its normal and customary function require an encroachment permit. (Ord. 90-556 § 2).
12.08.040 Construction specifications generally.
No permit issued under this chapter shall be in conflict with the following regulations:
A. All sidewalk, driveway, driveway approach, curb or curb and gutter work and paving shall be done under the direction, supervision and to the satisfaction of the city engineer, and must be constructed in accordance with the standard plans and specifications on file in the office of the city engineer, reference to which is made for further particulars.
B. All prepared subgrades and surfaces shall be inspected and approved by the city before any concrete is poured or asphalt paving is done. All completed work shall be subject to approval by the city. At least 24 hours advance notice shall be given to the city by the applicant so that the city may schedule inspections.
C. No sidewalk, curb, or curb and gutter shall be constructed other than of concrete and no driveway or driveway approach shall be constructed of other than concrete or asphalt.
D. All debris and surplus material shall be removed promptly upon completion of the work.
E. 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 from any damages incurred by his operations. (Ord. 90-556 § 2).
12.08.050 Construction required for new buildings.
A. Any owner, lessee, or agent constructing a building or dwelling shall also provide for the construction of concrete curb, sidewalks, and gutters and asphalt paving in accordance with city specifications unless adequate curbs, gutters, sidewalks and asphalt paving already exist along all street frontage adjoining the lot or lots on which the building or dwelling is to be constructed or unless the city manager deems curbs, sidewalks, or gutters and asphalt paving inappropriate.
B. If curbs, gutters, sidewalks and asphalt paving are required, the building inspector shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless said curbs, gutters, sidewalks and paving exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of the improvements as determined by the city engineer. (Ord. 90-556 § 2).
12.08.060 Maintenance.
The provisions of Section 5600 through 5630 of the Streets and Highways Code of the state of California, as they now exist or may hereafter be amended, are adopted as the procedure governing the maintenance and repair of sidewalks, driveways and driveway approaches in the city. For the purpose of this section “sidewalk” as defined in Section 5600 of said code shall also include a “driveway” and a “driveway approach.” (Ord 90-556 § 2).
12.08.070 Owner duty to repair sidewalks.
It is unlawful for any person owning any building, lot, or premises in the city, fronting on any portion of an improved street or way, where a sidewalk is laid, to allow any portion of such sidewalk in front of, or adjacent to, such building, lot, or premises to be out of repair, or to become, be, or remain defective or dangerous to the users thereof for any reason. Such person 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 convenience in the use thereof, or be or remain an obstruction or impediment to normal, customary and usual pedestrian or vehicular traffic. (Ord. 2005-659 § 2.1; Ord. 90-556 § 2).
12.08.080 Owner’s duty to repair driveways.
It is unlawful for any person 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. (Ord. 90-556 § 2).
12.08.085 Maintenance and repair of sidewalks.
A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Section 5600-5630, Chapter 22 of Division 7, Part 3, of the State of California Streets and Highways Code as the same is now in effect or may hereafter be amended.
B. The owners of lots or portions of lots adjacent to any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, driveways, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the city of Fortuna’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection (A) of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
C. For the purposes of this section, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks and driveways, repair and maintenance of curbs and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk and driveway areas will remain in a condition that is not dangerous to property or to persons using the sidewalk and/or driveway in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
D. Notwithstanding the provisions of Section 5614 of the State Streets and Highways Code, the director of streets and parks may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 90 days from the time the notice referred to in said Section 5614 is given. (Ord. 2005-659 § 2.2)
12.08.086 Liability for injuries to public.
The property owner required by this chapter to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by this chapter, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. 2005-659 § 2.3)
12.08.090 Fees.
A permit fee and an inspection fee as established by resolution of the city council shall be charged for the issuing of each encroachment permit. (Ord. 90-556 § 2).