Chapter 12.04 REPAIR AND CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS

“Sidewalk” as used in this chapter, in addition to paved walkways, includes parks or parking strips maintained in the area between the property line and the street line, and also includes driveways, curbing, and other works constructed by any person under and by virtue of any permit or right granted by law or by the city council or city officer in charge thereof upon sidewalk areas of the public highways. (Prior code § 25.20)

12.04.015 Property owner responsibility to repair and maintain sidewalk area.

A. The owner of a parcel of real property which fronts on any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance.

B. The owner of a parcel of real property is under a duty to members of the public to keep the portion of any sidewalk area described in subsection A in a safe condition. If the owner makes an alteration to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition.

C. The failure of an owner to fulfill the duties imposed by subsections A and B is negligence and the owner is liable to members of the public injured as a result of that negligence.

D. If the owner of the parcel of real property is not the person in possession, then the responsibilities and duties imposed by subsections A and B are also imposed on the person in possession of the property. (Ord. 04-001 § 1, 2004)

12.04.020 Notice to repair—Required when.

If any portion of any improved sidewalk in the city is out of repair or in a dangerous or defective condition, or in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, and the superintendent of streets has personal notice of the same, it shall be his duty to notify the owner or person in possession of the property fronting on that portion of the sidewalk so out of repair to repair the same. (Prior code § 25.21)

12.04.030 Notice to repair—Service.

The notice to repair provided for in Section 12.04.020 may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing, postage prepaid, to the person in possession of such property, or to the owner thereof, at his last known address as the same appears on the last equalized rolls of the city and, when no address appears, to the general delivery of the city, a notice to repair such sidewalk. The superintendent of streets shall, immediately upon the mailing of such notice, cause a copy thereof, printed on a card not less than eight by ten inches in size, to be posted in a conspicuous place on such property. (Prior code § 25.22)

12.04.040 Notice to repair—Contents.

The notice to repair provided for in Section 12.04.020 shall particularly specify what work is required to be done, and how the same is to be done, and what materials shall be used in such repair, that if such repair is not commenced within two weeks after notice is given, and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair and the cost of the same shall be a lien on such property; that if such repair is not commenced as required by such notice, the superintendent of streets shall forthwith repair such sidewalk. (Prior code § 25.23)

12.04.050 Repair by city—Required when—Notice of completion.

If, upon the expiration of the two-week period provided for in Section 12.04.040 the repair has not been commenced, the superintendent of streets shall proceed to make such repair and upon completion thereof the superintendent of streets shall file a notice with the city council setting forth the fact that the repair has been completed and the cost thereof. (Prior code § 25.24)

12.04.060 Repair by city—Assessment hearing—Setting of time.

The city council shall fix a time for hearing protests against the assessment for the cost of the repair to sidewalks when repaired by the city under Section 12.04.050 after notice of completion of the work by the superintendent of streets in accordance with Section 12.04.050. Such time shall not be less than fifteen days from the date of filing of the notice of the superintendent of streets as required in Section 12.04.050. (Prior code § 25.25)

12.04.070 Repair by city—Assessment hearing—Notice to owner.

The superintendent of streets shall forthwith at the time of the hearing provided for in Section 12.04.060 either personally serve upon the owner or person in possession of the property facing upon the sidewalk repaired, or shall mail, postage prepaid, a notice addressed to the person in possession of the property affected, or the owner thereof, at his last known address as the same appears on the last equalized assessment rolls of the city, and when no address so appears, to the general delivery of the city, setting forth a statement of the cost of the repair and specifying the date, hour and place when the council will hear protests of the assessment of the cost of such repair upon such property. (Prior code § 25.26: Ord. 279 § 5 (part)).

12.04.080 Repair by city—Assessment hearing—Decision of council.

Upon the date and hour set for the hearing of protests against the assessment for the cost of repair to the sidewalk repaired by the city under Section 12.04.050, the council shall hear and consider all protests, if there are any, and then proceed to affirm, modify or reject the assessment of the cost of such repair upon such property. The date for hearing of protests and affirming or rejecting the assessment may be continued from day to day. Decision of the council on all protests and objections which may be made shall the final and conclusive. (Prior code § 25.27: Ord. 279 § 5 (part)).

12.04.090 Repair by city—Lien for cost upon recording of notice.

If the cost of the repair to sidewalks repaired by the city under Section 12.04.050 is assessed in accordance with Section 12.04.080 upon the property fronting upon the sidewalk so repaired and the assessment is not paid within five days after its confirmation by the council, the cost of such repair shall become a lien upon the property fronting upon the sidewalk so repaired, upon recording thereof by the superintendent of streets of a certificate substantially in the following form:

“NOTICE OF LIEN

“Pursuant to the authority vested in me by Ordinance No.________, of the City of San Pablo, I did, on the ________ day of ________ 19________, cause the sidewalk in front of the real property hereinafter described to be repaired, and the Council of the City of San Pablo did, on the ________ day of ________ 19________, by Resolution No.________ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid, nor any part thereof, and the City of San Pablo does hereby claim a lien on the real property hereinafter described in the sum of $________, the cost of said repair and improvement; and the same shall be a lien upon said real property until the said sum, with interest at the rate of not more than six per cent (6%) per annum thereon, from the date of the assessment of such cost of repair against said property, has been paid in full and discharged of record.

“The real property hereinbefore mentioned, and upon which a lien is hereby claimed, is that certain piece or parcel of land lying and being in the City of San Pablo, County of Contra Costa, State of California, and particularly described as follows, to wit:

(Description of Property)

Dated this ________ day of ________, 19________.

______________________________

Superintendent of Streets

City of San Pablo”

(Prior code § 25.28: Ord. 279 § 6).

12.04.100 Repair by city—Conditions of notice of lien.

The notice of lien for the cost of repair of sidewalks by the city under Section 12.04.050 when recorded as provided in Section 12.04.090 shall be a lien upon such property, and such lien shall so continue until the cost of such repair and the interest thereon has been paid in full and discharged of record. Such lien shall be subordinate to all special assessment liens previously imposed upon the same property, but it shall have priority over all special assessment liens which may thereafter be created against the property; and, from and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of such lien. (Prior code § 25.29: Ord. 279 § 7).

12.04.110 Repair by city—Collection of lien.

Following the confirmation of the report, maintenance of sidewalk liens shall be collected as provided in Sections 5625 to 5630 of the Streets and Highways Code of the state, in whichever of the alternative methods provided therein as shall then be determined by the council. (Prior code § 25.30: Ord. 279 § 27).

12.04.120 Sidewalk obstructions—Prohibited—Owner’s duty to remove.

A. Every owner of real property in the city shall keep the entire width of the sidewalk in front of such property from curb to lot line, free and clear of all weeds, rubbish, debris or other obstructions or material which from any cause whatever has accumulated or may accumulate upon the sidewalk above the established grade of the same.

B. Upon the failure or refusal of any owner of real property in the city to so remove any obstructions from the sidewalk as provided in subsection A of this section, the provisions of 12.04.020 to 12.04.100 relative to the repair of sidewalks shall apply. (Prior code §§ 25.6, 25.7: Ord. 279 § 9).

12.04.130 Repair of damage to sidewalks, curbs and gutters by vehicle.

Whenever any vehicle has crossed the sidewalks, curbs and gutters in the city with resulting damage to the same, then the owner or owners of such vehicle will be responsible for repairing same. (Prior code § 25.19: Ord. 118 § 1).

12.04.140 Adoption of Sections 5600 to 5630 of Streets and Highways Code of state.

The provisions of Sections 5600 to 5630 of the Streets and Highways Code of the state are expressly referred to and by such reference are made a part of this chapter in all proceedings applicable to the maintenance and repair of sidewalks. (Prior code § 25.17: Ord. 279 § 29).

II. Permits For Private Construction

12.04.150 Private contract defined.

“Private contract” as used in Sections 12.04.160 to 12.04.310, with reference to private construction of sidewalks, driveways, curbs and gutters, shall be construed to mean construction other than let by the city, or pursuant to resolution of the council. (Prior code § 25.31: Ord. 279 § 10).

12.04.160 Permit—Required—Fees.

A. It is unlawful for any person to repair or construct, or cause to be repaired or constructed, by private contract in the city, any cement sidewalk, driveway, curb or gutter, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk, driveway, curb or gutter, without first obtaining from the superintendent of streets a permit in writing to do so. The superintendent of streets shall charge a fee for each and every permit issued, in addition to inspection and engineering fees. Permit fees and inspection and engineering fees to be established by resolution of the city council.

B. The superintendent of streets shall charge a fee of one dollar plus five cents per foot of curb to be installed, for each and every permit, to be paid in advance of issuance. (Ord. 86-004 § 5, 1986: prior code § 25.32: Ord. 279 §§ 11, 21).

12.04.170 Permit—Forms—Information required—Posting.

A. Permits issued pursuant to Section 12.04.160 shall be executed upon forms provided by the superintendent of streets and shall specify the name of the applicant, the location of the property in front of which the proposed sidewalk or driveway is to be repaired or constructed, and the footage thereof.

B. All permits for construction granted under Sections 12.04.150 to 12.04.310 shall be posted conspicuously on the site of the work. (Prior code § 25.38: Ord. 279 § 15).

12.04.180 Permit—Information required for curb construction.

Any permit required under 12.04.160 for the construction of curbs shall provide for the completion of the work within a specified time, to be determined by the superintendent of streets, which time may be extended by the superintendent of streets, and shall further provide that the work be done in conformity with the specifications filed, and to the satisfaction and acceptance of the superintendent of streets. (Prior code § 25.34: Ord. 279 § 23).

12.04.190 Permit—Issuance restricted.

In no case shall a permit be granted under Sections 12.04.150 through 12.04.310 to construct sidewalks where the council has declared its intention to construct such sidewalks under the general laws of the state, and in the event that any of the terms of conditions of this chapter are not complied with within the time fixed, no further permit shall be issued to such person while noncompliance continues to exist, or while such person is indebted to the city for money expended in accordance with the terms and conditions of this chapter. (Prior code § 25.35: Ord. 279 § 15 (part)).

12.04.200 Conditions for driveway construction.

Every permit issued under Sections 12.04.150 through 12.04.310 for the construction of a driveway shall be subject to the condition that the owner of the property facing such driveway will, at his own expense, construct or reconstruct the curb, parkway and sidewalk upon the abandonment of the use of the property for any purpose which necessitates the existence of a driveway. (Prior code § 25.37: Ord. 279 § 16).

12.04.210 Inspection of work—Duty of street superintendent—Fee.

A. It shall be the duty of the superintendent of streets to cause an inspection to be made of concrete sidewalks and driveways constructed under private contract, as referred to in Section 12.04.160, to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.

B. The superintendent of streets shall charge an inspection fee upon all jobs, which fee shall be established by resolution of the city council. (Ord. 86-004 § 6, 1986; prior code § 25.36: Ord. 279 § 12).

12.04.220 Guarantee deposit—Required for sidewalks and driveways—Amount.

A. Before the issuance of a permit provided for in Section 12.04.160, the person desiring the same shall deposit with the city the sum of one hundred dollars, which deposit shall be known as the guarantee deposit and shall be maintained continuously at the sum of one hundred dollars; excepting, however, that a property owner when notified by the superintendent of streets to repair an existing sidewalk may make such repair to the extent of not more than fifty square feet without posting a guarantee deposit.

B. If, at any time after making such deposit, the amount of sidewalk or driveway constructed or repaired and guaranteed by such deposit exceeds three thousand square feet, the guarantee deposit shall be increased to, and maintained at, the sum of two hundred dollars. (Prior code § 25.40: Ord. 279 § 13 (part)).

12.04.230 Guarantee deposit—Required for curbs—Amount—Administration.

A. Before the issuance of a permit provided for in Section 12.04.160, the person desiring the same shall deposit with the city the sum of one hundred dollars, which shall be known as the guarantee deposit and shall be maintained at the sum of one hundred dollars; provided, however that any contractor maintaining a guarantee deposit for sidewalk construction as provided in Section 12.04.220 is excepted from this provision.

B. If, at any time after making such deposit, the amount of curb constructed and guaranteed by the deposit as provided in this section exceeds one hundred linear feet, the same guarantee deposit shall be increased to, and maintained at, the sum of two hundred dollars.

C. The guarantee deposit shall be administered in a manner similar to that required for sidewalk and driveway construction or repair. (Prior code § 25.45: Ord. 279 § 22).

12.04.240 Guarantee deposit—Bond in lieu.

In lieu of the guarantee deposit provided for in Sections 12.04.220 to 12.04.300, a surety company bond in the sum of one thousand dollars may be filed in place and stead of such cash deposit; and, the deposit or such surety bond shall be released after a period of thirty days from the issuance of a certificate of completion by the superintendent of streets. (Prior code § 25.46: Ord. 290 § 1).

12.04.250 Guarantee deposit—Period of retention—Reimbursement.

The guarantee deposit required by Section 12.04.220 shall be retained by the city for a period of twelve months after the date of the completion of the work called for in the last permit issued, and no permit shall at any time be issued unless such guarantee deposit is reimbursed by the depositor for any deductions made as provided in Sections 12.04.150 through 12.04.310. (Prior code § 25.41: Ord. 279 § 13 (part)).

12.04.260 Guarantee deposit—Return.

After a lapse of twelve months from the date of completion of work called for in the last permit issued to any permittee under Sections 12.04.150 through 12.04.310, upon written demand of such permittee, or his successors or assigns, where such transfer or assignment is made in the manner as provided by Section 12.04.280, accompanied by a certificate from the superintendent of streets stating that all needed repairs have been made, and this chapter otherwise complied with, the city shall return the guarantee deposit, or such portion thereof as may remain after deduction of all fees for repairs and work done, as provided in Section 12.04.250, to the person depositing the same or his successors or assigns. (Prior code § 25.43: Ord. 279 § 13 (part)).

12.04.270 Guarantee deposit—Use for repair of breaks or disintegration.

If, within twelve months after the completion of the work called for in any permit issued under Sections 12.04.150 through 12.04.310, the sidewalk or driveway breaks, disintegrates or otherwise fails to comply with the provisions of this chapter, the superintendent of streets shall notify the person making a guarantee deposit of such break, disintegration, or failure and specify the repairs needed or work to be done, and such person shall, within ten days from the date of such notice, make such specified repairs. If such repairs are not made within the fixed time, the same may be made by the superintendent of streets and the cost thereof shall be paid from the guarantee deposit on hand with the city, demand being made for such costs by the superintendent of streets. (Prior code § 25.42: Ord. 279 § 13 (part)).

12.04.280 Guarantee deposit—Transfer.

A. The guarantee deposit referred to in Section 12.04.220 may be transferred to another party where such transfer is made pursuant to a judgment of court, or by an agreement of dissolution of a partnership, or upon a bona fide sale of the business of the person having made such deposit and holding the receipt therefor; or by any person having ceased to do work under such permit, and entitled to a return of the deposit as provided in Section 12.04.260. Any transfer of receipt for such deposit, or satisfactory proof of the loss of same, must be delivered to the superintendent of streets for verification. No transfer shall be made of such deposit other than as provided in this section.

B. In the event of a transfer of the guarantee deposit, such transfer shall in no way affect the liability of the deposit for any work done by the person transferring the deposit, nor shall it any way affect the liability of such person under the provisions of this chapter. (Prior code § 25.44: Ord. 279 § 17).

12.04.290 Guarantee deposit—Forfeiture when work done by unauthorized persons.

No construction or repair of sidewalks or driveways to be performed under a permit issued pursuant to Sections 12.04.150 to 12.04.310 shall be performed except by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for such work. In the event it is at any time ascertained that any work is being done, or has been done, under a permit issued to anyone other than the person responsible to the owner for such work, and it is proven that the use of the permit was with the knowledge and consent, express or implied, of the designated permittee, then the guarantee deposit made by such permittee shall become forfeited to the city, and the person doing, or having done the work shall be guilty of an infraction. (Ord. 677 § 1 (part), 1975; prior code § 25.39: Ord. 279 § 18).

12.04.300 Time limit for completion of work—Penalty for violation.

If all of the private construction or repair work of any sidewalk or driveway is not completed at the expiration of the time allowed by the permit required by Sections 12.04.150 to 12.04.310, and appertaining thereto, and in accordance with the terms of this chapter, the superintendent of streets may notify the contractor to complete the work within two days, and, if not so completed, the superintendent of streets is authorized to have the same done at the expense of the contractor, and his guarantee deposit, or as much thereof as may be necessary, shall be applied in payment therefor. (Prior code § 25.14: Ord. 279 § 14).

12.04.310 Compliance with permit and specifications adopted by resolution.

All sidewalks or driveways must be repaired or constructed in every particular in accordance with the permit issued therefor in accordance with 12.04.150 to 12.04.300, must be completed within thirty days from the date of permit except in cases where owners have been notified to make repairs as provided in 12.04.020 to 12.04.100, unless an extension of time thereon is granted by the superintendent of streets; and must be in accordance with such specifications as may be adopted by resolution of the council, from time to time, for the private construction or repair of sidewalks or driveways. (Prior code § 25.13: Ord. 279 § 19).

12.04.320 Collection of liens for construction of sidewalks and curbs.

Following the confirmation of the report, construction of sidewalk and curb liens shall be collected as provided in Sections 5890 to 5895 of the Streets and Highways Code of the state, in whichever of the alternative methods provided therein as shall then be determined by the council. (Prior code § 25.16: Ord. 279 § 28).

12.04.330 Adoption of Sections 5870 to 5895 of Streets and Highways Code of state.

The provisions of Sections 5870 to 5895 of the Streets and Highways Code of the state are expressly referred to and by such reference are made a part of this chapter in all proceedings applicable to the construction of sidewalks, paving, curb and gutter, in front of properties in any block where a sidewalk, paving, curb and gutter or all of them have been constructed theretofore in front of properties in such block constituting more than fifty percent of the front footage of the block; excepting, however, that proceedings may be instituted by the council to perform similar work in accordance with the provisions of Sections 5315 to 5327, frontage assessments, or Sections 5340 to 5344, district assessments, of the Streets and Highways Code of the state. (Prior code § 25.18: Ord. 279 § 30).

III. Driveway Construction

12.04.340 Driveway—Defined—Approval or disapproval of width.

A. “Driveway” means any approach leading to or from a street which passes over or upon the curbing, parking or sidewalk area for the purposes of a vehicular approach.

B. Driveway width shall not exceed the specifications set out in Sections 12.04.350 and 12.04.360 without approval of the director of public works. In case the applicant is not satisfied with the decision of the director of public works, he may within five days appeal in writing to the city council. (Prior code § 25.15 (part): Ord. 341 § 1 (part); Ord. 279 § 20 (part)).

12.04.350 Business and industrial specifications.

No curb cut for a driveway shall be of greater width than fifty percent of the actual lot frontage of any one street nor more than twenty-six feet, whichever is less. In case of more than one driveway for a building site, the total width of curb cut shall not exceed fifty percent of the actual lot frontage and, furthermore, shall be separated by a space of twenty feet or a multiple thereof between driveways. No curb cut shall be closer than five feet to the nearest end of any curb return at an intersection. (Prior code § 25.15(a): Ord. 341 § 1 (part); Ord. 279 § 20 (part)).

12.04.360 Residential specifications.

No curb cut shall exceed twelve feet in single driveways nor twenty-two feet in double driveways. In no case shall a residential driveway exceed twenty-two feet in width. In case of more than one driveway for a building site, the total width of driveways shall not exceed forty percent of the lot frontage of any one street and there shall be twenty feet or a multiple thereof of standard curb, gutter and sidewalks between such driveways. No curb cut shall be closer than ten feet to any return at an intersection. (Prior code § 25.15(b): Ord. 341 § 1 (part); Ord. 279 § 20 (part)).

12.04.370 Determination of abandoned driveways.

The superintendent of streets shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned. (Prior code § 25.47: Ord. 279 § 24 (part)).

12.04.380 Notice requiring restoration of curb, parkway and sidewalk—Required.

After determination that the use for which a driveway was constructed has been abandoned, the superintendent of streets shall give written notice requiring that the curb, parkway and sidewalk shall be restored to its original condition, or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to established grade. (Prior code § 25.48: Ord. 279 § 24 (part)).

12.04.390 Notice requiring restoration of curb, parkway and sidewalk—Service.

The notice required by Section 12.04.380 shall particularly specify what work is required to be done, how the same is to be accomplished, and what materials shall be used. The notice shall be given personally by service upon the owner or person in possession of the property facing the driveway determined to be abandoned or by placing such notice in the United States mail in a sealed envelope addressed to the person in possession of such property, or to the owner thereof, addressed to his last known address as the same appears on the last equalized assessment rolls of the city and, when no address so appears, to general delivery of the city, with postage prepaid. (Prior code § 25.49: Ord. 279 § 25).

12.04.400 Assessment of costs where city required to do work.

If work required to be done by this chapter is not commenced within two weeks after notice is given and diligently without interruption prosecuted to completion, the superintendent of streets shall proceed to cause such work to be done in the manner and pursuant to the provisions of Sections 12.04.020 through 12.04.100. (Prior code § 25.50: Ord. 279 § 26).

IV. Construction Requirements For New Structures

12.04.410 Installation of curbs, sidewalks and gutters required.

Whenever a new structure is constructed within the city, it shall be mandatory that the owner thereof install curbs, sidewalks and gutters upon the premises and paving to the center of the street. The sidewalks, curbs, gutters and paving shall be constructed in conformity with the specifications set forth by the city engineer. (Ord. 429 § 1 (part), 1963: prior code § 25.8: Ord. 236 § 1).

12.04.420 Waiver of requirements.

Whenever, in the opinion of the city engineer, the construction of sidewalks, curbs, gutters and paving to the center of the street required by Section 12.04.410 would result in extraordinary costs to the city, then the city engineer shall make his written report to the city council with his recommendation that the requirements of Section 12.04.410 relating to the installation of sidewalks, curbs, gutters and paving to the center of the street upon the premises where new structures are being constructed be waived. The decision to so waive the requirements shall be that of the city council; provided further, that whenever immediate construction of curbs, gutters, sidewalks and paving to the center of the street is waived by the city council, it shall be mandatory that a cash bond equal to the cost of the improvements to be waived shall be posted with the city, the amount of bond to be determined by the city engineer. (Ord. 429 § 1 (part), 1963: Ord. 373 § 1, 1962: prior code § 25.9: Ord. 236 § 2).

12.04.430 Requirements to be included in permit.

The building inspector shall include the requirements mentioned in Sections 12.04.410 and 12.04.420 upon the issuance of his permit for the construction of new buildings within the city. (Prior code § 25.10: Ord. 236 § 3).