Chapter 15.08
GENERAL PROVISIONS*
* Editor’s Note: This chapter was revised in its entirety by Ord. 2004-07. The following prior code sections were formerly codified in this chapter: Prior code §§ 7217, 7218, 7219, 7219.1, 8831, 8832 and 8833; the following ordinances, or parts thereof, were also formerly codified in this chapter: Ords. 76-2, 91-03 and 94-62.
Sections:
15.08.040 Permit – Rules on application.
15.08.070 General provisions – Remedies.
15.08.010 DEFINITIONS.
As used in Title 15 the following terms shall have the following definitions:
(a) “Street” as hereinafter used shall include any street, alley, drive, or lane within the city of Santa Cruz.
(b) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.
(c) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the city right-of-way, or, if no right-of-way exists, the property line.
(d) “Change of use” means any change of purposes for which any land, building or structure is occupied, maintained, arranged, designed or intended.
(e) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.
(f) “Driveway” means any area or facility constructed between the roadway of a street and the private property to provide access for vehicles from the roadway of a street to private property, and including any curb, gutter, sidewalk or combination thereof.
(g) “Lot” means land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings with such open spaces as are required by this code, by ordinance or by law, and having its principal frontage on a street.
(h) “Director of public works” includes the director of public works, or his/her duly authorized representative from the department of public works or pursuant to contract for professional services.
(Ord. 2004-07 § 2 (part), 2004).
15.08.030 PERMIT – REQUIRED.
No person shall commence work on the construction, alteration, repair or removal of any curb, gutter, sidewalk, driveway or disabled access ramp on any street, alley or lane in the city unless a written permit therefore e shall have been first obtained from the director of public works. All permits for construction, alteration, repair or removal of any driveway shall be posted conspicuously on the work where practical.
(Ord. 2004-07 § 2 (part), 2004).
15.08.040 PERMIT – RULES ON APPLICATION.
(a) Any person requesting a permit for the construction shall first file a written application therefore with the director of public works. Such application shall be made in quadruplicate on a standard city form provided for that purpose, and shall include:
(1) The name of the contractor proposing to do the work;
(2) The name and address of the owner of the property abutting the street where the work is proposed;
(3) The exact location of the proposed work, giving the street address or legal description of the property involved;
(4) A detailed plan showing the exact dimensions of the abutting property and the exact dimensions and location of all existing or proposed driveways and other pertinent features within the limits of the frontage of said property and the abutting properties where, in the judgment of the director of public works, such plan is necessary;
(5) The plan shall also show the location of buildings, loading platforms or off-street parking facilities being served or to be served by such driveway approach.
(b) The director of public works may require, at his or her discretion, the filing of any other information when, in his or her opinion, such information is necessary to properly enforce the provisions of this chapter;
(c) No plan shall be approved nor permit issued where it appears that the proposed work, or any part thereof, conflicts with the provisions of this title or any other section of this code; nor shall the issuance of a permit be construed as a waiver of the zoning section of this code and shall conform to the Official Master Plan of the city;
(d) Pursuant to Government Code Section 53080.5, the city of Santa Cruz is hereby authorized to require any applicant for a permit to file with the city a certificate of insurance evidencing coverage for bodily injury or property damage liability as a condition to issuance of the permit.
(Ord. 2004-07 § 2 (part), 2004).
15.08.050 EXCEPTIONS.
Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this chapter may result from a strict application of certain provisions contained herein, an exception may be granted by the director of public works upon such reasonable conditions as he feels are necessary to secure the purposes of Sections 15.08.050 through 15.08.070 and Chapters 15.12, and 15.24 insofar as possible.
(Ord. 2004-07 § 2 (part), 2004).
15.08.060 APPEAL.
In case the applicant is not satisfied with a decision of the director of public works, he may appeal such decision to the city council in accordance with the provisions of Chapter 1.16.
15.08.070 GENERAL PROVISIONS – REMEDIES.
Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of Section 15.08.050 through this section and Chapters 15.12 and 15.24, or of any permit, issued pursuant to Section 15.08.050 through this section and Chapters 15.12 and 15.24, shall be subject to the penalties provided in Title 4. Any person in violation of this section shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of Section 15.08.050 through this section and Chapters 15.12 and 15.24 is committed or continued by such person, firm, or corporation, and shall be punishable therefor as provided in this code.
In addition to enforcing penalties, the city may institute civil action to enjoin any violation of any provisions of Section 15.08.050 through this section and Chapters 15.12 and 15.24, or to secure any other appropriate legal or equitable relief, including abatement.
In addition to all other penalties imposed by this code, the construction of any building or improvement, or the maintenance of any such building or improvement, contrary to the terms of Section 15.08.050 through this section and Chapters 15.12 and 15.24, or of any permit issued hereunder, shall constitute such building or improvement a public nuisance, and the same may be abated by appropriate legal action.
(Ord. 2021-18 § 22, 2021; Ord. 2004-07 § 2 (part), 2004).