CHAPTER 19.
STREETS AND SIDEWALKS
Sections:
5-19.01 Cutting and Destruction: Permits Required
5-19.02 Burning: Permits Required
5-19.03 Maintenance of Sidewalks
5-19.04 Maintenance of Vehicles
5-19.07 Carrying Sand, Earth and Rock
5-19.08 Repair of Railroad Spurs Within City Streets
5-19.01 Cutting and Destruction: Permits Required.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to cut, carve, hack, hew, or otherwise mar, injure, deface, or destroy any sidewalk, curb, gutter or pavement on any public street, driveway, or curb in the City unless a permit to do so has been previously obtained.
(Sec. 24.60, E.T.C., as added by Sec. 2, Ord. 511; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-19.02 Burning: Permits Required.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to set fire to or burn, or to cause to be set fire to or burned, rags, paper, wood, rubbish, or other materials on any public street, public grounds, or improved public sidewalk within the Fire Limits of the City or upon any private street, alley, way, grounds, parking area, or sidewalk paved with, or constructed of, bituminous rock or any other combustible material without first obtaining a written permit from the Street Superintendent and Fire Chief.
(Sec. 24.61, E.T.C., as added by Sec. 2, Ord. 511; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-19.03 Maintenance of Sidewalks.
The owner or occupant of any property in front of which there is a paved sidewalk shall maintain such sidewalk free of dirt or refuse. Sweepings from such sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway but shall be disposed of in the same manner as required for the disposal of garbage, except such grass, weed, brush, and tree cuttings as are authorized to be picked up by the City as specified by the “cleanup days” regulations designated by the City. Any person who shall be notified by the Street Superintendent that the provisions of this section are being violated shall be liable for continued violations of the provisions of this section.
(Sec. 24.63, E.T.C., as added by Sec. 2, Ord. 511)
5-19.04 Maintenance of Vehicles.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person or business to park or store any vehicle on any public street in the City for the purpose of doing repair or maintenance work on such vehicle or to deposit, or permit to be deposited, any oil or grease in the gutters, storm sewers, curbs or streets of the City.
(Sec. 24.62, E.T.C., as added by Sec. 2, Ord. 511; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-19.05 Use of Mortar.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to place, or cause to be placed, anywhere upon the surface of the roadway of any public street or upon the surface of any improved sidewalk of the City mortar in a moist state for any purpose whatsoever, or to mix or prepare mortar upon such roadway or sidewalk, unless such mortar shall be placed, mixed or prepared in a tight box or upon a close-fitted platform or bed.
(Sec. 24.58, E.T.C., as added by Sec. 2, Ord. 511; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-19.06 Use of Concrete.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to permit moist concrete to stand on the surface of any street or improved sidewalk for a period longer than one (1) hour after mixing. On the completion of the work, all surplus material shall be removed, and the street or sidewalk surface shall be washed, cleaned, and left in the same condition as before mixing. No rock, sand, gravel, or cement shall be washed into or left in gutters or catchbasins or be allowed to find its way into catchbasins.
(Sec. 24.58, E.T.C., as added by Sec. 2, Ord. 511; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-19.07 Carrying Sand, Earth, and Rock.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to use any cart, wagon or other vehicle for the purpose of carrying sand, earth or rock on or over any public street, unless such vehicle is tight and so constructed as to prevent the deposit of such sand, earth or rock, in whole or in part, in or upon such public street.
(Sec. 24.59, E.T.C., as added by Sec. 2, Ord. 511; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-19.08 Repair of Railroad Spurs Within City Streets.
(a) If an owner of railroad track(s) elects to perform repairs under Section 6784 of the Streets and Highways Code, the owner shall submit plans and specifications for the work to the Emeryville Public Works Department for approval by the Public Works Director within thirty (30) days of the receipt of the election notice. Upon the approval and sign off of the Public Works Director on the plans and specifications, the owner shall commence work within forty five (45) days. The Public Works Director may, in his/her discretion, grant the owner an extension of time for either deadline if the owner provides a written request for such extension clearly stating the facts supporting such request.
(b) The owner of the railroad track(s) shall be liable for a penalty of up to one thousand dollars ($1,000.00) per spur for each thirty (30) day period that plans and specifications are not submitted or that work is not commenced in accordance with subsection 5-19.08(a) above. The penalty shall apply to any portion of a thirty (30) day period during which plans and specification are not submitted or work is not commenced.
(c) Upon the expenditure of any amount of funds by the City on work specified under Chapter 3, Part 6, Division 7 of the California Streets and Highways Code, Sections 6780 et seq., the City may issue a demand for reimbursement from the owner of the railroad track(s). The owner of the railroad track(s) shall pay the specified reimbursement to the City within thirty (30) days of the deposit of the demand in the United States mail or other mail delivery service.
(d) The owner of the railroad track(s) shall be liable for interest on unpaid amounts and a penalty of one thousand dollars ($1,000.00) per spur for each thirty (30) day period that the reimbursement is unpaid. The penalty shall apply to any portion of a thirty (30) day period during which the reimbursement is unpaid.
(e) In any action to recover reimbursement, interest, and/or penalties under this Section 5-19.08, the City shall be entitled to attorney’s fees and costs if it prevails on any claim.
(Sec. 2, Ord. 97-004)