Chapter 12.04
SIDEWALK AND DRIVEWAY APPROACH CONSTRUCTION AND REPAIR
Sections:
12.04.020 Owner’s duty to maintain and repair sidewalk areas.
12.04.030 Repair performed by City when—Costs.
12.04.060 Construction or repair—Specifications.
12.04.070 Driveway approaches—City standard plans.
12.04.080 Driveway approaches—Business and industrial.
12.04.090 Driveway approaches—Residential.
12.04.100 Driveway approaches—Extra width permitted when.
12.04.110 Abandoned driveway approaches—Sidewalk and curb replacement.
12.04.120 Parkway tree removal—Facility replacement.
12.04.010 Definitions.
“City Engineer” means the City Engineer or his/her designee of the Department of Public Works; “City Engineer or his/her designee” shall have the same meaning as the terms “Superintendent of Streets” as this term is utilized in the Streets and Highways Code, Division 7, Part 3, Chapter 22.
“Damaged sidewalk area” means a sidewalk area where, in the judgment of the City Engineer or his/her designee, the vertical or horizontal line or grade is altered or displaced to the extent that a safety hazard exists, or the sidewalk is in such a condition as to endanger property or persons using the sidewalk area in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof.
“Driveway approach” means any approach to or from the street over and upon the gutter, curb, parking strip or sidewalk, to permit vehicular traffic into the abutting property.
“Lot,” “lots” or “portions of a lot” means a parcel of real property located within the City adjacent to or fronting on any portion of a sidewalk area, and when used in connection with the phrase, “adjacent to or fronting on the damaged sidewalk,” or variation thereof, shall refer to the property in front of or adjacent to the damaged sidewalk.
“Maintain and repair” shall include, but not be limited to, maintenance and repair of sidewalk surfaces, removal and replacement of sidewalk areas, 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, driveway approaches and curbs, so that the sidewalk area will remain in a condition that is not dangerous to or a threat to property or to persons using the sidewalk 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.
“Owner” means any person owning a lot, lots, or portions of a lot within the City, adjacent to or fronting on any portion of a sidewalk area.
“Parking strip” means the area of the public right-of-way located between the curb and the sidewalk.
“Person” shall have the same meaning as that term is utilized in Section 1.04.100 of this Code.
“Sidewalk area” means the improved area between the street pavement line and the adjacent property line, including, but not limited to, a sidewalk, driveway approach, parking strip, and curbs and gutters. (Ord. 1491 § 2 (part), 2015: Ord. 1377 § 1(A), 2006: Ord. 390 § 7, 1956)
12.04.020 Owner’s duty to maintain and repair sidewalk areas.
A. The owner of a lot, lots or portions of a lot adjacent to or fronting on any portion of a sidewalk area shall maintain the sidewalk area in a safe and nondangerous condition, and shall repair such sidewalk area and pay the costs and expenses therefor, including, but not limited to, charges for the City’s costs of inspection and administration whenever the City undertakes sidewalk maintenance and repair pursuant to this chapter, and including the costs of collection of assessments for the costs of maintenance and repair or the handling of any lien placed on the property due to failure of the owner to promptly pay such assessments.
B. The owner required 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 safe and nondangerous condition, any person suffers injury to or damage to person or property, the owner shall be liable to such person for the resulting damage or injury, and shall hold harmless, indemnify and defend the City against any liability for such damage or injury.
C. When any portion of any sidewalk area shall be so out of repair or in such condition as to endanger persons or property passing thereon, or so as to interfere with the public convenience in the use thereof, the City Engineer, or his/her designee, is authorized to notify the owner or owners of any lot fronting on such portion of the sidewalk area so out of repair, or in such condition as aforesaid, by a notice in writing to be delivered to such owner or his agent, or to any person in possession of such lot, requiring such owner to repair, reconstruct or improve forthwith, in such manner and with such materials as the City Engineer, or his/her designee, may determine and direct, such portion of the sidewalk in front of or adjacent to the lot of which he is the owner.
D. Within thirty days after such notice shall have been delivered to such owner, he shall cause to be begun such repair, or such reconstruction, or such improvement, as may have been determined by the City Engineer, or his/her designee, and directed in the notice aforesaid to be made, and diligently and without interruption prosecute the same to completion. (Ord. 1491 § 2 (part), 2015: Ord. 1377 § 1(B), 2006: amended during 1989 recodification; Ord. 141 § 1, 1943)
12.04.030 Repair performed by City when—Costs.
A. If any owner refuses or neglects to make such repair, reconstruction or improvement, as hereinabove provided, when required and directed in conformity with the provisions of this chapter, the City Engineer shall cause such repair, reconstruction or improvement to be made, and the cost in any sum of money necessarily expended by the City in making such repair, reconstruction or improvement shall become a lien upon the property in which the repair, reconstruction or improvement was made, and may be recovered in an action brought thereof in the name of the City; or, in the alternative, such cost and expenditure may be placed upon the County Tax Bill to be collected by San Mateo County for the benefit of the City.
B. Prior to the City causing the lien to be placed on the County Tax Bill, the City Clerk shall notify the property owner of the intent to place the cost of the repairs, reconstruction or improvement on the County Tax Bill, and shall give the property owner the opportunity to appear before the City Council to show cause why such sums should not be placed on the County Tax Bill to be collected for the benefit of the City.
C. Any and all sums determined to be due and owing to the City by resolution of the City Council shall accrue interest at the rate set by resolution, but not to exceed ten percent per year. (Ord. 1491 § 2 (part), 2015: Ord. 979 § 1, 1987: amended during 1989 recodification; Ord. 938 § 1, 1984)
12.04.060 Construction or repair—Specifications.
Any sidewalk or driveway approach shall be broken out and constructed to standard City specifications. In case of damaged work not corrected to the satisfaction of the inspector, no further permits shall be issued to the applicant, and the performance bond given hereunder shall be canceled. (Ord. 1491 § 2 (part), 2015: Ord. 390 § 3, 1956)
12.04.070 Driveway approaches—City standard plans.
All driveway approaches shall be constructed per the City’s standard plans. (Ord. 1491 § 2 (part), 2015: Ord. 505 § 2 (part), 1960)
12.04.080 Driveway approaches—Business and industrial.
No driveway approach shall exceed the widths allowed per the City standard plans. In case of more than one driveway approach in front of any property, the total width of driveway approaches shall not exceed the widths allowed per the City standard plans, and there shall be twenty feet or a multiple thereof of standard curb, gutter and sidewalk between such driveway approaches. (Ord. 1491 § 2 (part), 2015: Ord. 505 § 2 (part), 1960)
12.04.090 Driveway approaches—Residential.
Single driveway approaches shall not exceed the widths allowed per the City standard plans. No more than two driveway approaches shall be permitted on any residential property one hundred feet or under in width, and not more than one additional driveway approach for each fifty feet additional. Space between driveway approaches shall be twenty feet or multiples thereof. (Ord. 1491 § 2 (part), 2015: Ord. 505 § 2 (part), 1960)
12.04.100 Driveway approaches—Extra width permitted when.
A. Wider driveway approaches may be permitted upon approval of the Director of Public Works, providing that the applicant can show the following:
1. That approval will not create a parking problem;
2. That approval will not create a traffic problem;
3. That the nature of the business is such as to absolutely require wider driveway approaches.
B. The committee may not exceed the requirements of this chapter relating to widths of driveway approaches by more than fifty percent. (Ord. 1491 § 2 (part), 2015: amended during 1989 recodification; Ord. 505 § 2 (part), 1960)
12.04.110 Abandoned driveway approaches—Sidewalk and curb replacement.
A. “Abandoned driveway approach” means any driveway approach for which there appears to be no immediate reasonable use as such, or where the use or condition of the abutting property has been so changed that the driveway approach is no longer needed.
B. Any such abandoned driveway approach shall be removed and replaced with curb, gutter and sidewalk per the City’s standard plans to fit the existing line and grade of adjacent curb, gutter and sidewalk, within thirty days after the driveway approach has become abandoned.
C. Any driveway approach abandoned as above defined and not removed or reconstructed within thirty days after its abandonment shall justify the City in following the procedure set out in this chapter in removing the driveway approach and replacing the same with standard curb, gutter and sidewalk. (Ord. 1491 § 2 (part), 2015: Ord. 390 § 6, 1956)
12.04.120 Parkway tree removal—Facility replacement.
At any location where the City or the property owner, or any other person, has removed a tree or trees from the parkway, and said tree is responsible for damaging curb, gutter and sidewalk, it shall become the due responsibility of the property owner abutting on such parkway to replace the curb, gutter and sidewalk to the original line and grade, and upon failure of the property owner to do so, the City shall have the right to proceed under the provisions of this chapter, and to make the costs of restoring or replacing such curb, gutter or sidewalk a lien on the property in the manner therein provided. (Ord. 1491 § 2 (part), 2015: Ord. 390 § 8, 1956)
12.04.130 Violation—Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding the sum of five hundred dollars, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 390 § 10, 1956)