Chapter 11.12

11.12.010    Maintenance of curbs, gutters, sidewalks, curb cuts, and driveway approaches.

11.12.020    Exceptions to provisions.

11.12.030    Approval by the building official.

11.12.040    Nuisance—Abatement.

11.12.050    Violations and penalties.

11.12.010 Maintenance of curbs, gutters, sidewalks, curb cuts, and driveway approaches.

It shall be the responsibility of the property owner, within the corporate limits of the city, to maintain the curbs, gutters, sidewalks, curb cuts, and driveway approaches in a good state of repair at all times. Such structures shall be in such condition that they will not endanger persons or property passing thereon, will not interfere with the public convenience in the use thereof, or be or remain an obstruction or impediment to the normal, customary, and usual pedestrian or vehicular traffic. (Ord. 969 § 2 (part), 1982).

11.12.020 Exceptions to provisions.

(a)    None of the provisions of this chapter, with respect to construction only, shall apply to any streets or portions of streets which may be determined by the council to have reached a stage of improvement under provisions of previous regulations which would cause a state of undue hardship or hazard to result from compliance with the provisions of this chapter.

(b)    None of the provisions of this chapter, except those minimum location, testing, inspection, fees, and construction standards, shall apply to the following:

(1)    Public utility structures, such as street lights and telephone and power lines; and

(2)    Street signs, mailboxes, traffic signs, or other installations made by state or federal governmental agencies. (Ord. 969 § 2 (part), 1982).

11.12.030 Approval by the building official.

The building official shall deny the final approval of any building or its occupancy until the work required by the provisions of this chapter is completed or construction is guaranteed within a specified time limit approved by the public works director by an improvement security. Such improvement security shall be in an amount to be fixed by the public works director in accordance with the criteria set forth in Section 11.10.020. (Ord. 969 § 2 (part), 1982).

11.12.040 Nuisance—Abatement.

Construction in violation of the provisions of this title is hereby declared to be a nuisance. The adjacent property owner shall be notified of the violation and requested to apply for an encroachment permit and to correct the violation. On the owner’s failure to obtain an encroachment permit and correct the violation within forty-five days after such notification, abatement proceedings may be instituted. (Ord. 969 § 2 (part), 1982).

11.12.050 Violations and penalties.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 1171 § 6, 1993: Ord. 1160 § 30, 1993: Ord. 969 § 2 (part), 1982).