Chapter 12.16 REPAIR AND CONSTRUCTION OF SIDEWALKS AND ALLEYS

D. “Owner” means any person, firm, or corporation listed as the owner of real property on the tax rolls of the city, or their agent or representative.

E. “Sidewalk area” is that portion of public streets between gutter line and property line. (Ord. 640-A M.C. § 1, 1954).

12.16.030 Necessity – Order by council.

The council may on its own initiative, or on report or complaint of a resident of the city or of the street superintendent stating that conditions exist in any curb, sidewalk area or alley in the city which require repairs or construction, in order to protect the health and safety of the citizens of the city, or to protect the investment made in improvements by the city, order the administrator to make a complete study of the situation and report his findings to the council at the next regular meeting of the council following the order. (Ord. 640-B M.C. § 1, 1965; Ord. 640-A M.C. § 2, 1954).

12.16.040 Investigation and report by administrator.

The administrator shall investigate the situation, interview owners, and meet with the street superintendent and devise a plan incorporating the joint findings of such interview and meetings. The administrator shall estimate work necessary, together with the estimated cost thereof, and submit to the council a report on the status, feasibility, need and cost with a recommendation for disposition of the project or matter. (Ord. 640-A M.C. § 3, 1954).

12.16.050 Dispute with administrator’s report – Planning commission hearing.

A. The council shall consider the report of the administrator and, in the event a dispute between the owners and the administrator exists, submit the report to the planning commission with the request that the commission hold a public hearing with the owners involved and the administrator being notified to be present at the hearing. Notice of the hearing shall be mailed to the address of owners as listed on tax rolls 10 days prior to the hearing, Sundays and holidays to be excluded. The commission shall consider the matter and listen to any parties concerned, and submit to the council a recommendation for appropriate action.

B. The council shall then decide a course of action and, by a resolution, direct the administrator to proceed in accordance with its decision. (Ord. 640-A M.C. § 4, 1954).

12.16.060 Required work – Action by administrator.

In the event that the council decides that certain repairs or construction are required in any curb, sidewalk area or alley to protect the health and safety of the citizens of the city or the investment made in permanent improvements on any street or alley in the city, the council shall direct the administrator to take steps to prosecute to completion the required works. (Ord. 640-B M.C. § 1, 1965; Ord. 640-A M.C. § 5, 1954).

12.16.070 Required work – Notice.

A. The administrator shall give notice in writing to the owner or owners of property abutting on curbs, sidewalk areas, or alleys where work is required to be done. The notice shall be substantially in the following form:

NOTICE TO (REPAIR) (CONSTRUCT)

The owner of the property described as follows: ___________________, commonly known as __________________, is hereby ordered to (repair) (construct) the _________________ in front of or abutting said property in accordance with specifications outlined in Ordinance No. ____, said specifications being on file in the office of the Administrator, and to commence such work within fifteen (15) days after date hereof, and diligently prosecuted to completion, or appear before the Council at its next regular meeting to be held on _____________, 20___, and show cause why said work should not be done, or why the time therefor should be extended.

If the work herein indicated is not so commenced or an extension therefor granted by the Council, the Administrator shall cause the work to be done and the cost thereof, including incidentals, will be made a lien upon said property as provided by law.

Estimated cost of (repair) (construction)
$ ___________________

Dated this day of ___________________, 20___, at Benicia, California.

City of Benicia

By    ______________________________
    Administrator of Ordinance No. 640-A
    M.C.

B. One copy of such notice shall be posted in front of each parcel of property abutting the curb, sidewalk area or alley, and one copy shall be mailed to the address of the owner as listed on the tax rolls of the city. The notice shall be dated, posted and mailed not less than 10 nor more than 12 days, Sundays and legal holidays excluded, prior to the next regular council meeting. (Ord. 640-B M.C. § 1, 1965; Ord. 640-A M.C. § 6, 1954).

12.16.080 Required work – Procedure.

Unless the repairs or construction required, as stated in the notice, are commenced within 15 days from the date of notice, or within any extension of time as may be granted by the council, and diligently prosecuted to completion, the administrator shall forthwith proceed with the repairs and construction as specified in the notice. (Ord. 640-A M.C. § 7, 1954).

12.16.090 Statement of charges.

Where the administrator proceeds with the repairs or construction as provided in this chapter, he shall, on completion thereof, prepare an itemized statement of all charges in connection therewith and mail the same to the last known address of the owner of the posted property. (Ord. 640-A M.C. § 8, 1954).

12.16.100 Record by administrator.

The administrator shall cause to be entered in a permanent record in his office the following:

A. The description of each parcel of property on which a notice to repair or construct has been posted;

B. The name of the owner and his address;

C. The date of report or complaint;

D. The date of council action and resolution number;

E. The date of the planning commission action;

F. The date of posting and notification to repair or construct;

G. The charges incurred by the city, if any, in causing the repair or construction to be made, together with incidental expenses in connection therewith;

H. The method of payment, delinquencies in such payments and penalties for delinquency, if any;

I. The date of mailing the statement of charges for the repairs of construction, if any, to the owner;

J. The date and amount of any payment made thereon. (Ord. 640-A M.C. § 9, 1954).

12.16.110 Appeals.

A. Between the first and fifteenth day of January of each year, the administrator shall cause to be published once, in a newspaper of general circulation in the city, a notice providing:

1. Any person affected or aggrieved by any act or determination of the administrator or the Council made or done pursuant to this Ordinance No. 640-A M.C. during the preceding year ending December 31st, for which charges remain unpaid, may at any time prior to 10 days, Sundays and legal holidays excluded, preceding the next regular meeting of the council to be held on ______________, 20___, file a written appeal with the city clerk of the city;

2. Charges made for any repairs or construction by the administrator, and as may be adjusted on appeal by the council, pursuant to the provisions of this chapter, shall become delinquent at 5:00 p.m. on the fifth day of March next succeeding the date of publication of this notice, and that a penalty of 10 percent of such delinquent charges, plus the publication fee, shall then be assessed, which penalty shall become part of said charges and collectable in the same manner;

3. A publication fee of $0.50 for each unpaid statement of charges shall be assessed, and such fee shall become part of the charges and collectable in the same manner at the same time. Said fee shall be paid into the city treasury and credited to the general fund of the city.

B. The council shall hear and pass upon all appeals properly and timely filed at its next regular meeting following the filing of the appeal, or as soon after such next regular meeting as is practicable, and its determination thereon shall be final and conclusive.

C. On determination of an appeal, the council shall advise the administrator of its decision, and the administrator shall thereupon cause appropriate corrections and entries to be made in his permanent record and notice of such decision to be mailed to the appealing property owner. (Ord. 640-A M.C. § 11, 1954).

12.16.120 Charges as lien against property.

From and after the date of entry of the charges in the permanent record as provided by BMC 12.16.100(G), the charges for repair or construction shall become a lien against the posted property and shall be enforced in the manner provided in this chapter. (Ord. 640-A M.C. § 10, 1954).

12.16.130 Lien and installment terms – Notice.

As an alternative method of enforcing any lien in excess of $25.00, including all penalties and fees assessed, the council at any meeting subsequent to the expiration of the time for appeal as provided in BMC 12.16.110 may direct the administrator to file notice of lien with the county recorder, and may also direct that the lien may be liquidated on the installment basis, specifying a number not to exceed five annual installments, with interest to be charged at the rate of six percent per year of the unpaid balance to run from the date of filing such notice of lien. The notice of lien shall be substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Ordinance No. 640-A M.C. of the City of Benicia, I did, beginning on or about the ____day of _______________, 20____, cause the _______________ in front of, or abutting, the real property hereinafter described to be (repaired) (constructed) and on the ____ day of ______________, 20____, did mail to the registered owner of said property an itemized statement of the charges therefor, and the same has not been paid to this date, or any part thereof; therefore, the City of Benicia does hereby give notice of its lien against the said described real property in the sum of ________ Dollars ($________), representing the total charges, penalties and fees included, and the same shall be a lien upon said real property until the said charges with interest at the rate of six per centum (6%), per annum from the date hereof has been paid in full and discharged of records.

The real property hereinbefore mentioned is that certain parcel of land lying within the City of Benicia, County of Solano, State of California, described as follows, to-wit:

(Description)

DATED THIS ____ day of __________, 20___, at the City of Benicia.

CITY OF BENICIA

Administrator of Ordinance
No. 640-A M.C.

B. On the date of filing such notice of lien, the administrator shall also cause to be mailed to the owner of the described real property a copy of such notice, together with a letter setting forth the installment terms as set by the council and the following information:

In the event of failure to meet any installment payment as herein provided pursuant to written directions of the council before the fifteenth day of August in the year due, an additional penalty of 10 percent of the total assessed charges remaining unpaid shall be added thereto and become a part thereof, and the whole shall become due and payable immediately.

C. The council shall give such directions to the administrator in writing and shall also cause a copy thereof to be filed with the clerk of the city. (Ord. 640-A M.C. § 12, 1954).

12.16.140 Notice – Proof of publication, posting or mailing.

Proof of publication, posting or mailing of any notice, order, or determination provided for in this chapter shall be made by affidavit of the printer of the newspaper in which published, his foreman or principal clerk, or the person posting or mailing the notice, order or determination, annexed to a copy of such order, notice or determination, published, posted or mailed, as the case may be, and specifying the time where or at which the same was published, posted or mailed, as the case may be. It shall be the duty of the administrator to keep among the official records of his office the affidavit of publication, posting or mailing provided for in this section, and no error in the name or address and no failure to receive a copy of the notices mailed as provided in this section shall affect in any manner the validity of the procedure or of any lien imposed hereunder. (Ord. 640-A M.C. § 14, 1954).

12.16.150 Unpaid charges – Assessment and collection.

On the fifteenth day of August of each year, the administrator shall deliver to the tax collector an abstract of all charges unpaid, delinquent and due as of said date, showing the property affected and the sum of the charges, including penalties, fees and interest to date, against the same. The tax collector shall thereupon record the amount of such charges on the assessment books for city taxes against the respective parcels, and thereafter the amount so recorded shall be collected in the same manner and at the same time and subject to the same additional penalties and charges as provided for general city taxes. (Ord. 640-A M.C. § 13, 1954).

12.16.160 Refunds.

The amount of any charge or any portion of the amount of any charge made a lien on property pursuant to the provisions of this chapter:

A. Which has been or shall be paid more than once;

B. Which has been or shall be erroneously or illegally collected;

C. Where an amount in excess of the amount chargeable has been or shall be paid; or

D. Where the amount charged was not chargeable to the person or the property of the person paying the same under the provisions of this chapter by reason of a mistake or clerical error of the officers or employees of the city;

may be refunded to the person entitled thereto by order of the council in the same manner provided by law for the refunding of payment of general city taxes. (Ord. 640-A M.C. § 15(a), 1954).

12.16.170 Payment under protest.

At any time after the assessment book for general city taxes has been received by the tax collector, the owner of any property affected by charges herein made a lien on the property may claim that the same is void in whole or in part and may pay the charges under protest, which protest shall be in writing and shall specify whether the whole of the charges is claimed to be void or, if a portion only, what portion, and in either case, the grounds on which such claim is founded. When such charge is so paid under protest, the payment shall in no case be regarded as a voluntary payment, and such owner may, at any time within six months after such payment, file suit to recover the same in the manner provided by law. (Ord. 640-A M.C. § 15(b), 1954).

12.16.180 Legality of charges.

No charge, or any act relating to such charge, or the collection of the same under the provisions of this chapter shall be illegal on account of informality or because the same was not completed within the time required by law. (Ord. 640-A M.C. § 16, 1954).

12.16.190 Bond required.

Every person, firm or corporation carrying on the business of laying down, constructing or repairing sidewalks, curbs, walls, driveways or stairs on the public streets of the city, before engaging in such business, must furnish a bond in favor of the city in the sum of $500.00 with two good and sufficient sureties for the faithful compliance with the provisions of this chapter, which bond shall be approved by the administrator and filed in the office of the city clerk. (Ord. 640-A M.C. § 17, 1954).

12.16.200 Permit required.

A. It is unlawful for any person, firm, or corporation to lay down or construct, remove, alter, repair or cause to be laid down or constructed, removed, altered, or repaired any sidewalk, curb, wall, driveway or stairs on the public streets of the city without first having obtained a permit to do so, in writing, from the administrator. The life of any such permit shall be 60 days, and any work done pursuant to the permit must be completed within 60 days from the date of the permit.

B. A person, firm, or corporation desiring to obtain such permit shall file with the administrator written application therefor, which shall set forth the location of the property in front of which the sidewalk, curb, wall or stairs is to be laid down or constructed; the name of the owner of the property; the name of the person by whom, or the name of the firm or corporation by which, the work is to be done; the location and dimensions of the sidewalk or curb; and the materials of which the same is to be constructed. (Ord. 640-A M.C. § 18, 1954).

12.16.210 Removal and disposal of earth.

Whenever it is necessary, in laying down, constructing or repairing any sidewalks, curb, wall or stairs on the public streets of the city, to remove any portion of earth for such purpose, it shall be the duty of the person, firm or corporation doing the work, prior to the completion thereof, to dispose of the earth so removed, either by depositing the same on the property of the owner in front of whose property the work is done, or by depositing it upon the property of some one else, whose permission and consent so to do has been first had and obtained, unless other disposition thereof should be ordered by the administrator. (Ord. 640-A M.C. § 19, 1954).

12.16.220 Restoration requirements.

It shall be the duty of every person, firm or corporation engaged in the laying down, constructing or repairing of any sidewalks, curbs, walls, driveways or stairs on the public streets of the city, immediately upon the completion thereof, to remove all tools, equipment, lumber, mortar, lime, cement and other construction materials remaining after the completion of the work, as well as all dirt, rubbish or debris occasioned by the work, and to leave the streets or sidewalks in a condition of thorough cleanliness and make a written report of the same to the administrator. (Ord. 640-A M.C. § 20, 1954).

12.16.230 General specifications.

All sidewalks, curbs, alleys, walls, stairs and driveways shall be constructed, altered or repaired in accordance with the permit issued therefor and must fulfill the following specifications:

A. All sidewalks, curbs, gutters, driveways, stairs, walls or other structures in the street area shall be constructed, as hereinafter specified, of class “A” concrete as specified in the current State of California Department of Transportation (Caltrans) “Standard Specifications” unless otherwise approved by the administrator.

B. The minimum width of sidewalks shall be four feet fronting residential property.

C. Sidewalks fronting commercial, industrial, or office property shall be of the width from property line to the curb line, unless otherwise approved in writing by the administrator.

D. A planting strip of at least four feet in width shall be left between the curb and the sidewalk fronting residential property unless otherwise approved in writing by the administrator.

E. The lateral and longitudinal slopes of sidewalks shall be in compliance with the most current city standard plans or Caltrans standard plans, whichever is the most restrictive.

F. The finish surface shall be sufficiently textured to the satisfaction of the administrator.

G. Driveway construction shall conform to the specifications as shown on detail sheets Nos. 1, 2, 3, 4, and 5, copies of which are on file with the city clerk; the administrator shall furnish a copy of the applicable detail sheet to permittee at the time such permit is issued.

H. Curb and gutter shall be of two types, namely Type “A” and Type “B” as shown on detail sheets Nos. 6 and 7, copies of which are on file with the city clerk; the administrator shall furnish a copy of applicable detail sheet to permittee at the time such permit is issued.

I. Alleys shall be constructed, altered or repaired in accordance with the city regulations and standard specifications for public improvement. (Ord. 17-10 § 14; Ord. 640-B M.C. § 1, 1965; Ord. 640-A M.C. § 22, 1954).

12.16.240 Driveway specifications.

Driveways shall comply with the following regulations:

A. The maximum width of any driveway shall be not more than 20 feet as measured at the curbing.

B. The minimum distance between driveways serving the same lot or parcel of land shall be not less than 18 feet as measured at the curbing.

C. Not to exceed 50 percent of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways.

D. No driveway shall be located in the intersection of two streets so as to interfere with sidewalks thereon.

E. No driveway or driveway approach shall be constructed so as to extend beyond the curb line into the gutter or street.

F. No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed.

G. Before any permit is issued to remove any curbing or install any driveway, the person, firm, or corporation owning the property to be served thereby shall sign an agreement with the city to replace any curbing so removed if and when requested to do so by the city council. It is the intention of this subsection to require replacement of curbings when driveways are no longer needed in connection with the property served thereby.

H. All concrete work shall be done in accordance with city specifications in effect at the time of such work.

I. Before any permit shall be issued to remove curbs or install driveways, an inspection fee established by city council resolution shall be paid to the city.

J. All existing driveways not in conformity with the terms of this chapter shall be required to conform thereto not later than six months after the adoption of the ordinance codified in this chapter.

K. Provided, however, that the council may, in special cases, by resolution, order the issuance of a special permit to construct and maintain driveways in variance with the provisions of subsections (A), (B) and (C) of this section. Applications for such special permits shall be made to the planning commission who shall recommend to the council the granting or denial of the same. A fee of $10.00 shall accompany such application for such special permit. No application shall be considered unless the fee shall have been paid. No fee or portion thereof shall be refundable.

L. Provided further, that the council may by resolution exempt any property from the provisions of subsection (J) of this section where practical difficulties exist due to lack of an established grade, or where the expense of establishing such grade would be disproportionate and the enforcement of the subsection would work an undue hardship. Such exemption shall be considered only on the written request of the property owner made to the planning commission, who shall study the request and make its recommendations to the council. A fee of $10.00 shall accompany each application, and no fee or portion thereof shall be refundable. (Ord. 17-10 § 13; Ord. 640-A M.C. § 23, 1954).

12.16.250 Inspection and enforcement.

It shall be the duty of the administrator to cause the inspection of all locations on the public streets of the city where sidewalks, curbs, walls, driveways or stairs have been laid down or constructed immediately upon his notification of the completion thereof, and to take all necessary steps for the enforcement of the provisions of this chapter. (Ord. 640-A M.C. § 21, 1954).

12.16.260 Violation – Penalty.

Repealed by Ord. 03-9. (Ord. 640-A M.C. § 24, 1954).

12.16.270 Traffic restriction – Penalty.

A. Whenever any street or portion of street in the city is being improved and the sign “Street Closed” is placed on the street or a portion of the street, it shall be unlawful for any person to drive, or lead any beast of burden, or propel any vehicle over or across the street or portion of the street; provided, that the provisions of this section shall not apply to the contractor actually engaged in the work of the improvement.

B. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $100.00, or by imprisonment in the county jail not to exceed 30 days, or by both such fine and imprisonment. (Ord. 113 M.C. §§ 1, 2, 1893).

12.16.280 Monthly payroll by superintendent of streets.

A. It is made the duty of the superintendent of streets, at the end of each month to prepare and submit to the city council at its regular monthly meeting a payroll on which he shall enter the names of all persons employed by him, under direction of the council or the street commissioner, during the preceding month, the number of days worked by each, the rate of wages per day and the amount due each. He shall verify the correctness of such payrolls by his affidavit endorsed thereon.

B. It shall thereafter be the duty of the city clerk to issue warrants for said amounts as in the case of other city employees provided. (Ord. 661 M.C. §§ 1, 2, 1893).

12.16.290 Statutory requirements.

The construction of sidewalks, curbs and alleys in the city shall be carried out pursuant to the provisions and procedures set forth in Chapter 27 of Part 3 of Division 7 of the California Streets and Highways Code. (Added during 1980 codification).

For statutory provisions on maintenance of sidewalks, see Street and Highways Code § 5600 et seq.