Anaheim Municipal Code Ch. 12.24 Construction of Sidewalks, Driveways, Ramps, Curbs and Gutters

Sections:

* Previous ordinance history: Ords. 404, 1209, 1271 and 5582

All public and private sidewalks, driveways, ramps, curbs and gutters which may be hereafter constructed in the City of Anaheim shall be in accordance with the requirements on file in the office of the Director of Public Works. (Ord. 5855 § 34 (part); April 29, 2003.)

Before commencing construction within rights-of-way, streets, alleys or easements, every person, firm or corporation shall obtain a permit pursuant to the provisions of Chapter 12.12. (Ord. 5855 § 34 (part); April 29, 2003.)

No work will be considered as accepted that is defective in its construction or that fails to conform in all respects to any of the requirements, which are applicable to such work and are on file in the Office of the Director of Public Works, regardless of whether any inspector of the City connected with the work fails to observe, point out, or reject said defect or deficiency during construction. The contractor shall be required to correct any such defective or nonconforming work whenever discovered, before the work shall be deemed finally accepted. (Ord. 5855 § 34 (part); April 29, 2003.)

The contractor shall not disturb any monuments, benchmarks or stakes found on the line of the improvements until ordered by the Director of Public Works or his or her designee. The contractor shall bear the expense of resetting any monuments, benchmarks or stakes that may be disturbed without orders. Any monuments, benchmarks or stakes that are disturbed by work performed by the contractor shall be reestablished, and the corresponding survey documentation shall be submitted to the Department of Public Works. (Ord. 5855 § 34 (part); April 29, 2003.)

In case the contractor shall neglect or refuse, after written notice, to remove or replace any rejected work or materials, they shall be removed and replaced by order of the City Engineer at the contractor's expense.(Ord. 5855 § 34 (part); April 29, 2003.)

The contractor shall notify the Director of Public Works when the contractor desires a final inspection of the work. Upon such notification, the Director shall arrange to make the necessary examination to determine if the work is in compliance with the required specifications. If the work is determined to be in compliance, the Director of Public Works shall issue a Notice of Completion for work performed under a Public Works Construction Contract. Under a Right-of-Way Construction Permit, the Director of Public Works shall release the security pursuant to Section 12.12.060 of, this Code. In the event the work is found not to be in compliance with the required specifications, the Director of Public Works shall notify the contractor of the deficiencies and direct the contractor to make the necessary corrections. (Ord. 5855 § 34 (part); April 29, 2003.)

When any curb-cut or driveway within the City of Anaheim has been abandoned and is no longer in use, and in any case where the use, convenience and necessity of the public require, the Director of Public Works shall have authority to order the owner or agent in charge of property adjacent to which curb-cuts are maintained to alter the curb-cut in such manner as he or she shall find reasonably necessary.

.010 Notice of Alteration Order. Whenever the Director of Public Works shall determine that a curb-cut or driveway has been abandoned, or shall determine that the use, convenience and necessity of the public require an alteration, the Director shall serve a written notice on the owner or agent in charge of the adjacent property and shall post a conspicuous notice on the property notifying the owner or agent in charge that an alteration of the curb-cut is required. Such notice shall specify the time in which the owner or agent shall comply with such requirement, which time shall be not less than twenty days from the date of said notice.

.020 Violation. If the alteration required by the Director of Public Works is not complied with within the time specified in the notice, the owner or agent of the property shall be deemed in violation of this chapter. Each day that the curb-cut or driveway is maintained without alteration, after the time set forth in the notice, shall constitute a separate and distinct violation of this chapter.

.030 Appeal. Any owner or agent in charge of property who has been notified by the Director of Public Works to alter a curb-cut may appeal from the order of the Director to the City Council of the City of Anaheim by filing a written notice of appeal, specifying the grounds for such appeal, with the City Clerk of the City of Anaheim within ten days after the notice of alteration order has been served on such person, or after property has been posted. No appeal shall be heard by the City Council unless the notice of appeal is filed within the time herein specified; provided, however, the City Council may request a review on its own motion. Where an appeal has been filed as hereinabove set forth, or a review has been requested by the City Council, no party shall by deemed in violation of this chapter until such time as the City Council has determined the controversy and the owner or agent is allowed a reasonable time thereafter to comply with such alteration order. (Ord. 5855 § 34 (part); April 29, 2003.)