Chapter 7-2 STREET IMPROVEMENTS

In enacting the provisions of this chapter, the Council hereby finds that land development and the increase in population density cause existing streets and highways to become inadequate in width and development to provide minimum acceptable services to the lands being developed, and therefore the public is being denied streets and highways of minimum urban standards for safe and convenient vehicular and pedestrian use and travel.

7-2-102 Statement of policy.

It is recognized that provisions must be made for curbs, gutters, and sidewalks along the street frontages of property and for vehicular access to property from streets and alleys, and, in so doing, due consideration must be given to on-street parking and to pedestrian and vehicular safety.

In establishing permissible driveways for access to private property, it shall be the policy of the City to authorize such driveways only where they are necessary and only where they will not unreasonably interfere with the rights of the public in the sidewalk area and in the adjacent street or alley, or unreasonably interfere with vehicular traffic, or unreasonably eliminate on-street parking spaces.

7-2-103 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Curb grade” shall mean the elevation of the curb line with reference to the City datum as established by the City Engineer.

(b) “Sidewalk planting strip” shall mean that portion of the street right-of-way between the property line and the curb line.

(c) “Sidewalk” shall mean that portion of the sidewalk planting strip established for pedestrian use. In those areas where a sidewalk does not exist, the City Engineer shall determine the location of the sidewalk area.

(d) “Planting strip” shall mean that portion of the sidewalk planting strip not required for sidewalk, driveway, or curb use.

(e) “Curb line” shall mean the line of intersection of the vertical projection from the flow line of the gutter and the horizontal top surface of the curb. In those areas where curbs and gutters do not exist, the City Engineer shall determine the location of the curb and gutter from which the curb line will be established.

(f) “Driveway” shall mean the area required for vehicular access to a property across the sidewalk planting strip.

(g) “Property owner” shall mean the owner of the property for which the permit is issued or his duly authorized representative.

(h) “Improvement security” shall mean one or more of the following:

(1) A cash deposit or deposits approved by the City;

(2) A bond by one or more duly authorized corporate sureties; and

(3) An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to meet the improvements are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the permit.

(i) “Property line” shall mean the line bounding the street right-of-way and being the division line between such street and the private property on either side thereof.

(j) “Sidewalk grade” shall mean the elevation of sidewalk lines with reference to the City datum as established by the City Engineer.

(k) “Street” shall mean the land dedicated or used for public street or alley purposes and shall include the traveled way and all land lying between the traveled way and the private property right-of-way line.

(l) “Street center line” shall mean the line determined and established by the City as the true or ultimately true center line of any street, partial street, proposed street, or street easement or right-of-way.

Article 2. Improvement Requirements and Locations

7-2-201 Construction standards.

All structures and facilities shall be constructed or repaired in accordance with current standard drawings and specifications approved by the Council from time to time by resolution and on file in the office of the City Engineer.

7-2-202 Improvements and dedications required.

(a) All street work, including curbs, gutters, sidewalks, paveouts, street trees, fire hydrants, electroliers, drainage improvements, and drive-way approaches, shall be provided along all street frontages of property, and all necessary easements shall be dedicated for such purposes, and underground pipelines or fencing for canals adjacent to the property on which the work is being done shall be constructed or installed as determined by the City Engineer as follows:

(1) For all new buildings or structures, for property development, including parking lots, for any building or structure altered or expanded, except single-family residences, for which additions or alterations over the five (5) year period prior to the issuance of a building permit equal twenty-five (25%) percent or more of the replacement value;

(2) For all single-family residences structurally altered or expanded for which alterations or expansions over the five (5) year period prior to the issuance of the building permit equal twenty-five (25%) percent of the replacement value, except that an owner-occupied single-family residence with less than one thousand two hundred (1,200) square feet of living space may be expanded to one thousand eight hundred (1,800) square feet before the provisions of this section shall be operative. “Replacement value,” as used in this subsection, shall mean the value of the structure as determined by the Building Official using the same valuation schedule used in determining the valuation of the proposed work; and

(3) For any building or property in or on which there is a change of use, as defined in TMC 9-1-202, except in special circumstances.

(b) On large-sized properties on which only a portion of the property is to be occupied by the construction of a building, structure, or property development, and sidewalks, curbs, and gutters are not installed on property adjacent to the property being developed, sidewalks, curbs, gutters, drainage improvements, and driveway approaches may be confined, upon the approval of the City, to that portion of the street frontage abutting the portion of the property being developed, including areas used for the parking of motor vehicles.

(c) Traffic control devices and fire hydrants shall be installed at street intersections and along street frontages when deemed necessary by the City Engineer. The requirements for such improvements shall be established at the time of the issuance of the building permit.

(d) The provisions of this section shall not apply to:

(1) Normal and usual maintenance required to keep a single-family-residence in a safe, sanitary, and livable condition, including reroofing, the replacement of appliances, plumbing and mechanical assemblies, termite and/or dry-rot repairs, and other similar work; and

(2) Repairs, construction, and other work required to bring a structure back to its original condition after a fire, earthquake, wind, flood, or other natural or man-made disaster.

(1223-CS, Amended, 10/13/2016)

7-2-203 Aligned streets.

The owner of property adjoining a street or an alley for which the alignment has been set, although such street or alley may not yet be fully dedicated and improved, shall dedicate any necessary right-of-way and shall install curbs, gutters, sidewalks, driveway approaches, drainage improvements, and paveouts according to the standards set forth in this chapter and applicable sections of this Code.

7-2-204 Curbs and gutters.

Permits issued for the construction of curbs and gutters shall include the installation of paveouts in accordance with standard specifications, as well as any additional pavement deemed necessary by the City, to make a smooth transition between the new and old pavements. All curbs shall be constructed at the location designated by the City Engineer so as to coincide with the present or prospective curb alignment for such street.

7-2-205 Sidewalks.

All sidewalks for public use shall be constructed immediately adjacent to, parallel to, and abutting the rear side of the curb, unless determined otherwise by the City. Curbs and gutters shall be constructed at the time the sidewalk is constructed.

In areas where there are planting strips between the existing curbs and sidewalks, the sidewalks may remain and be repaired from time to time as required. In the event fifty (50%) percent or more of a sidewalk on a given property is in need of repair, the sidewalk shall be removed in its entirety and be replaced at the location specified by the City.

7-2-206 Planting strips.

If a portion of the sidewalk planting strip has been improved but does not satisfy present standards or is badly deteriorated, the removal and replacement of such substandard existing improvements, as the City may specify, shall be required.

7-2-207 Abandoned driveways.

All unused or abandoned driveways shall be removed, and curbs, gutters, and sidewalks, if sidewalks exist adjacent to such driveways, shall be installed to lines and grades established by the City.

7-2-208 Obstructions.

No fence, wall, structure, or other obstruction shall be constructed nearer than twenty-five (25') feet from the street center line nor nearer than the property line, whichever is the greater distance from the street center line, without first obtaining an encroachment permit as provided in this chapter, except in zones not requiring a setback.

7-2-209 Drainage improvements.

(a) Drainage improvements shall include the construction of lines, pumps, and other facilities and the installation of catch basins and ponding lots.

(b) Drainage improvements shall be provided when necessary, as determined by the City Engineer. When storm drainage lines designed or intended to serve the property being developed are located within a reasonable distance of the property being developed, the owner or developer shall construct additional lines and facilities to connect the property being developed to the existing storm drainage lines and pay the applicable storm drainage fees established by resolution of the Council in accordance with Article 5 of Chapter 5 of Title 6 of this Code.

(c) If, in the opinion of the City Engineer, it is not feasible to connect the property being developed to existing lines or facilities, the City Engineer may approve other methods of drainage or may require the payment of storm drainage fees in amounts established by resolution of the Council.

(d) It shall be the responsibility of the property owner to maintain the drainage easement, including, but not limited to, landscaping.

7-2-210 Sight restrictions.

No plant, bush, dirt, structure, or other obstruction to vision which has attained or will attain a height of over thirty-six (36") inches above the center line point elevation of intersecting streets shall be placed within a radius of fifty (50') feet from such intersecting point nor nearer than fifteen (15') feet from the point of intersection of the adjacent property lines, whichever is the greater distance from such street center line.

7-2-211 Semipermanent objects.

(a) No person shall erect or place, or cause to be erected or placed, a semipermanent or immovable object in a place or location where permanent construction or planting is prohibited by law without having first obtained the written permission of the City. Such semipermanent or immovable object(s) shall include, but not be limited to, construction dumpsters, tar pots or other such roofing devices, scaffolds, construction materials, portable commodes, or any other item used in the course of construction, including reconstruction, activities.

(b) No person shall erect or place, or cause to be erected or placed, a semipermanent or immovable object in or upon any public street or highway, or portion thereof, or in or upon any public right of way, or portion thereof, so as to obstruct such public street, highway or right of way without having first obtained the written permission of the City. Such semipermanent or immovable object(s) shall include, but not be limited to, construction dumpsters, tar pots or other such roofing devices, scaffolds, construction materials, portable commodes, or any other item used in the course of construction, including reconstruction, activities.

(c) Any person seeking the City’s written permission to erect or place, or cause to be erected or placed, a semipermanent or immovable object in or upon any public street or highway, or portion thereof, or upon any public right of way, or portion thereof, shall also comply with the Encroachment Permit requirements established in Turlock Municipal Code Sections 7-2-301 et seq.

(d) The applicant shall obtain and maintain insurance acceptable to the City Attorney on forms provided by the City of Turlock. Such proof of insurance must be submitted to the City for approval by the City Attorney as to coverage and insurer, in the following minimum policy limit amounts:

(1) General Liability: One Million and no/100ths ($1,000,000.00) Dollars per occurrence for bodily injury, personal injury and property damage.

(2) Employer’s liability: One Million and no/100ths ($1,000,000.00) Dollars per accident.

(773-CS, Amended, 05/14/1992)

7-2-212 Lines, grades, and staking.

Where the City has established lines and grades, the City, time permitting, may provide staking for projects less than 250 feet in length for R-1 and R-2 properties and less than 100 feet in length for all other properties within ten (10) working days after the date the permit is issued. The City will require the applicant to establish lines and grades and perform staking for projects where lines and grades are not established, or where project lengths exceed those set forth in this section, or where the City does not have sufficient time to provide staking. Additional restaking costs shall be paid by the applicant at the City’s cost, plus fifteen (15%) percent.

7-2-213 Variances.

The permittee or applicant for a permit may seek a variance or relief from the provisions of this chapter by filing an appeal as provided in Title 1, Chapter 4 of this Code; provided, however, no variance or exception to the improvements required by this chapter shall be granted, except for cases of extreme hardship not arising as a result of an act or omission of the appellant or his agent or employee.

(866-CS, Amended, 02/09/1995)

Article 3. Encroachment Permits

7-2-301 Permits required.

It shall be unlawful for any person, other than the City, to place, erect, or maintain any sign, advertisement, pipe line, power line, messenger carrier, conduit, or conveyer across, over, under, or above any street or alley in the City, or to place, erect, or maintain any structure, including curbs, gutters, sidewalks, driveways, paving, valley gutters, or sidewalks fronting strips, in any street in the City, or to make any excavation in any street in the City without first obtaining a permit therefor as provided in this chapter. Any permit issued pursuant to this chapter shall not be assigned to any other person.

7-2-302 Applications: Fees.

Applications for the permits required by this chapter shall be made in writing upon forms furnished by the City and shall be made to the City Engineer who shall issue such permits as provided in this chapter, except that any such permit which is to be issued in conjunction with a building permit shall be applied for at the same time the building permit is applied for and shall be issued by the Building Official subject to all the other requirements of this chapter and prior to or concurrently with the issuance of the building permit. The fees for such permits shall be established by resolution.

7-2-303 Plans and profiles.

When requested to do so by the City, applicants shall furnish plans and profiles in duplicate showing the work to be done, the location, the limits of the work, the location of the pavement, the replacement type, and such other information as the City may require. When the original drawings have been signed by the City Engineer, a mylar copy and two (2) prints of each set of the improvement construction details shall be filed with the City by the developer.

7-2-304 Time of issuance.

The permits required by this chapter shall be secured at least forty-eight (48) hours prior to the time the work under such permit is proposed to commence, except in emergency cases as approved by the City.

7-2-305 Council approval.

No encroachment permit which includes a driveway for access to private property from Main Street between Market Street and Thor Street shall be granted without the express consent of the Council.

7-2-306 Conditions.

The validity of any permit issued shall be subject to the permittee’s compliance with all the general provisions of this chapter as well as any special provisions specified in this chapter. All permits issued pursuant to this chapter shall require that all underground facilities shall be of the quality and installed in a manner which may be prescribed or required by law or by the Standard Drawings and Specifications. The issuance of a permit shall not guarantee to the permittee the exclusive use of any surface area occupied by the permittee.

7-2-307 Time limits.

The permit shall expire thirty (30) calendar days after the date of its issuance if no work has been commenced on the project or if there is a thirty (30) calendar day lapse in progress on the project or, if work is pursued diligently, at the time of the completion and acceptance of the work by the City, but no longer than 180 days after the date of issuance, except as provided in Section 7-2-308 of this article; provided, however, in cases where surveying is not required, the permit shall expire thirty (30) calendar days after the permit is issued, and permits issued in conjunction with a building permit shall expire at the same time the building permit expires.

7-2-308 Extensions of completion dates.

Every permit issued pursuant to this chapter shall specify a completion date for the work. The City, for good cause, may grant a written extension of time to the permittee, which grant shall extend the validity of such permit to such extended time.

7-2-309 Denial.

The City shall have the right to refuse a permit to any person who is in violation of this chapter or who has failed to comply with the provisions of this chapter in connection with the permit being applied for or any permit previously issued, except as provided otherwise by this chapter.

7-2-310 Revocation.

The City, for noncompliance with any of the provisions of this chapter, may revoke any permit granted pursuant to this chapter.

7-2-311 Expiration: Effect.

Should a permit expire and construction not be completed, the work shall be discontinued until another permit has been obtained and the security amended or obtained to guarantee performance under the new permit.

7-2-312 Contents.

The permit shall specify the following information:

(a) The name and address of the owner;

(b) The name and address of the applicant;

(d) The location of the property in front of which the proposed construction is to be performed;

(e) The nature, costs, and dimensions of the proposed work;

(f) The required right-of-way dedication, if any;

(g) The estimated commencement date and time schedule and such additional information as the City may require; and

(h) The completion date for the work.

7-2-313 Responsibility.

The property owner shall be held responsible for the actions of all parties representing him. A party other than the property owner may assume all or a portion of the responsibilities assigned to the property owner by indicating his willingness to do so and the responsibility assumed in the space provided on the permit.

Article 4. Construction

7-2-401 Coordination and neatness.

All work shall be performed in a neat and workmanlike manner and be so programmed as to cause a minimum of interference with traffic and inconvenience to the public. Such work shall be coordinated whenever possible with other projects in the immediate vicinity, to the end that the public convenience is least impaired, to the satisfaction of the City,

7-2-402 Alternative methods and materials.

The City shall determine all questions concerning which alternative methods and materials may be used by the permittee, and the decision of the City Engineer concerning the same shall be final.

7-2-403 Testing and inspections.

All work done by the permittee shall be inspected and tested by the City. The permittee shall notify the City at least twenty-four (24) hours in advance to perform the inspection. Testing and inspections may be performed periodically by the City without notice to, or permission from the permittee to determine if the construction conforms to appropriate standards. The permittee shall pay fees in accordance with a schedule of fees approved by the Council from time to time by resolution and on file in the offices of the City Clerk and the City Engineer.

Inspection and testing fees shall be paid at the time the permit is issued.

7-2-404 Warranties.

After the completion of the work, the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to the street resulting from defective work done under the permit. The obligation of the permittee to inspect and repair work done under the permit shall continue for a period of one year following completion and the approval of such work by the City, or, in the event of repairs thereto, one year after the date of such repairs.

The permittee, upon notice from the City, shall immediately repair any injury or damage to the street occurring as a result of the work done under the permit.

In the event such repairs are not made by the permittee within forty-eight (48) hours after notice, the City is hereby authorized to make such repairs and charge all costs, plus overhead and administrative costs, to the permittee. By acceptance of the permit, the permittee agrees to comply with the provisions of this section.

7-2-405 Public access.

The property owner and permittee shall provide free and unobstructed access during the course of construction to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures, and other public service structures and property that may be required for emergency use. The property owner shall not remove such public service facilities and property or relocate them without written consent from the authorities charged with the control and maintenance of the same.

7-2-406 Temporary access.

Temporary roadways, driveways, walking areas, and rights-of-way for vehicles and pedestrians shall be provided when required by the City.

7-2-407 Monuments.

Any monument of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevations of any public street or right-of-way, property, subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the City Engineer to do so. The replacement of removed or disturbed monuments shall be made by a registered civil engineer or licensed land surveyor at the expense of the property owner.

7-2-408 Completion by City.

If any construction is not completed in accordance with the provisions of this chapter, or with the standard drawings and specifications, or within the time allotted or extensions thereto, the City shall notify the property owner of the particular defects in writing. If the property owner fails to commence the necessary operations to correct such defects within ten (10) days after the mailing of such notice and/or fails to complete such corrective work within such time as stated in the notice, the City Engineer shall cause such defects to be corrected. The actual cost of such work by the City or its contractors, plus an overhead charge as determined by the Director of Finance, shall be charged to and paid for by the permittee.

7-2-409 Cleanup.

(a) All debris and surplus materials shall be promptly removed by the property owner upon the completion of the work.

(b) All areas of the sidewalk planting strip not covered by concrete construction shall be backfilled and graded as shown on the standard drawings.

7-2-410 Backfill.

The permittee shall backfill all trenches and excavations in streets between the curb lines in accordance with the standard drawings and specifications.

7-2-411 Restoration of improvements.

Curbs, gutters, sidewalks, sewers, drains, structures, conduits, cables, landscaping, and all other improvements damaged, disturbed, or removed during the progress of the work shall be restored or replaced to as good or better condition than existed prior to the work performed by the permittee in accordance with the Standard Specifications of the City and to the satisfaction of the City.

7-2-412 Safety, drainage, and lights.

The property owner shall maintain the job site in a safe manner, shall provide adequate lights and storm drainage at his own expense to protect the safety of the public using the adjacent street or sidewalk area, and shall hold the City free and harmless from any and all damages or liability incurred because of his operations during the construction. The safety and drainage precautions shall be commenced prior to the commencement of any excavation.

7-2-413 Temporary closing of public ways.

The City may grant written permission to close, or cause to be closed, for limited periods City streets, alleys, driveways, or areas not under control of the Division of Highways of the State if, in the opinion of the City, the public interests can best be served thereby. The property owner shall be responsible for notifying the police and fire departments, ambulance services, and other agencies which might be affected by such closures.

7-2-414 Public safety barricades and warnings.

The permittee shall provide and maintain, during the performance of the work, to insure public safety, such fences, barricades, warning and directional signals, flares, lights, watchmen, and flagmen as are or may be required by law or regulation or as may be deemed necessary by the City.

7-2-415 Public safety barricades and warnings: Placement by City: Liability for costs.

In the event the permittee shall fail to provide for the safety of the public in the manner provided in Section 7-2-414 of this article, the City may provide whatever facilities are necessary and charge the permittee a fee for the work involved. The fee shall be in accordance with a schedule of fees approved by the Council from time to time by resolution and on file in the office of the City Clerk.

7-2-416 State safety orders and applicable laws.

The permittee shall obey and enforce all safety orders, rules, and regulations of the Division of Industrial Safety of the State applicable to the work, and the permittee shall comply with all applicable Federal, State, and local laws, ordinances, Codes, and regulations.

7-2-417 Emergency information.

On the major number of barricades at any single project there shall be clearly labeled, in letters not less than two (2") inches high, the name of the permittee or his agent.

Article 5. Insurance and Security

7-2-501 Responsibility for accidents: Liability insurance.

The property owner, by acceptance of the permit issued pursuant to the provisions of this chapter, agrees to be responsible for any and all claims and liability for damages caused by any of the construction permitted by the provisions of this chapter or caused by the property owner’s failure to perform his obligations under the permit and save the City harmless therefrom. In the event any such claim or liability for damages is made against or imposed upon the City, or any department, officer, or employee thereof, the property owner, by his acceptance of the permit, shall agree to defend, indemnify, and hold each of them harmless from such claim or liability. The property owner shall provide and keep in force, during the term of the permit, a policy of public liability and property damage insurance policy naming the City as additional insured against liability for personal injury, including accidental death, as well as liability for property damages which may arise in any way out of the exercise of the rights granted by the permit. The amounts of such insurance shall be in accordance with the requirements of TMC 1-6-01.

(902-CS, Amended, 06/27/1996)

7-2-502 Improvement security.

(a) The property owner shall post improvement security with the City Engineer, before the permit is issued, equal to one hundred (100%) percent of the established costs of the work covered by the permit, to be used as follows:

(1) To pay the actual costs of the work completed by the City in connection with any permit issued, including overhead costs;

(2) To pay the actual costs of the work done by the City to repair or restore any public improvement damaged or destroyed by the property owner during the course of any operation performed under any permit, including overhead costs; and

(3) To pay the actual costs of placing lighted barricades on or about the property owner’s work, including overhead costs, and the costs of furnishing, by the City, other safety barricades or warning devices and necessary storm drains in connection with any permit issued.

(b) The property owner shall be entitled to the refund, in whole or in part, as the case may be, of any security posted with the City when all the work to be done by the property owner under the permit issued prior to or subsequent to the posting of such security has been completed by the property owner and has been approved or completed by the City, from which security shall be first deducted all costs incurred by the City for the work performed by the City pursuant to the provisions of this chapter.

Article 6. Miscellaneous Provisions

7-2-601 Maintenance of curbs, gutters, sidewalks, curb cuts, and driveway approaches.¹

(a) Anything in this Code to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming, and collection of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this Code, the provisions of this Code shall control.

(b) The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Turlock’s costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

(c) Maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb 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 and curbs, so that the sidewalk area will remain in a condition that is not dangerous 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.

(d) The City Manager or his designee may in his or her discretion, and for sufficient cause, extend the period in which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety (90) days.

(e) The property owner required under this section 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 such a nondangerous condition as required, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

(f) In conjunction with any sale or transfer of real property and using the Local Option Real Estate Transfer Disclosure Statement form set forth in Civil Code Section 1102.6a, the seller/transferor shall provide notice of the maintenance and repair obligations set forth in this article to the buyer/transferee. The notice shall, at a minimum, include the following language:

The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Turlock’s costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

(g) To provide all property owners with notice of his/her obligation to maintain and repair his/her sidewalk area as set forth in this article, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus.

(1219-CS, Amended, 07/01/2016; 1171-CS, Amended, 07/10/2012)

7-2-602 Exceptions to provisions.

(a) None of the provisions of this chapter, with respect to construction only, shall apply to any streets or portions of streets which may be determined by the Council to have reached a stage of improvement under the provisions of previous regulations which would cause a state of undue hardship or hazard to result from compliance with the provisions of this chapter.

(b) None of the provisions of this chapter, except the minimum location, testing, inspection, fee, and construction standards, shall apply to the following:

(1) Public utility structures, such as street lights and telephone and power lines; and

(2) Street signs, mailboxes, traffic signs, or other installations made by State or Federal governmental agencies.

7-2-603 Approval by the Building Official.

The Building Official shall deny the final approval of any building or its occupancy until the work required by the provisions of this chapter is completed or construction is guaranteed within a specified time limit approved by the City Engineer by an improvement security. Such improvement security shall be approved by the City Attorney in an amount to be fixed by the City Engineer in accordance with the criteria set forth in TMC 7-2-502.

7-2-604 Nuisances: Abatement.

Construction in violation of the provisions of this chapter is hereby declared to be a nuisance. The adjacent property owner shall be notified of the violation and shall be requested to apply for an encroachment permit and to correct the violation. On the owner’s failure to obtain an encroachment permit and correct the violation within forty-five (45) days after such notification, abatement proceedings may be instituted in accordance with the provisions of Chapter 5-5 TMC.

Code reviser’s note: Section 4 of Ord. 1219-CS provides: “The amendments set forth in this Ordinance, specifically Section 7-2-601 subsections (f) and (g), shall become operative on July 1, 2016.”