Chapter 12.08 — CONSTRUCTION OF SIDEWALKS, CURBS, LIGHTING SYSTEMS

State Law reference— For statutory provisions regarding construction of sidewalks, see Str. and Hys. Code §§ 5870 — 5895.54; for provisions regarding repair of sidewalks, see Str. and Hys. Code § 5600 et seq.

I. - Property Owner Responsibilities

Any owner, lessee or agent constructing or arranging for the construction of a building or dwelling or the use of the property shall construct or cause to be constructed street lighting, concrete curbs, gutters and sidewalks, and associated appurtenances, in accordance with city construction standards, locations and grades, unless city-approved street lighting, concrete curbs, gutters and sidewalks, and associated appurtenances, already exist along all street frontages adjoining the lot on which the building or dwelling is to be constructed; provided, however, that in areas not subdivided or parceled into one-half acre or smaller lots, curbs and gutters need not be installed for a greater distance than the minimum lot width required by the zoning regulations of the city for the zone in which the area is located. For corner parcels in such unsubdivided areas, the side frontage shall be determined by the minimum area requirements for the light parcels in zoned areas.

(Prior code § 19.74)

(Ord. No. 834, § 2, 11-17-2020; Ord. No. 839, 2-2-2021)

The building inspector shall deny final public utility connections to any building or dwelling and the certificate of occupancy until street lighting, concrete curbs, gutters and sidewalks, and associated appurtenances, exist or are constructed or their construction is guaranteed to the satisfaction of the city council.

(Prior code § 19.75)

(Ord. No. 839, 2-2-2021)

Upon written application made to the city council, the council may waive by resolution the effect of this title when the council finds that the following conditions exist:

The city council determines that because of the locations of the property, the terrain or location of the property, or other similar reasons, the construction of the street lighting, curbs, gutters and sidewalks, would be impractical or unnecessary.

The decision of the council to conditionally approve or deny the application shall be final.

(Prior code § 19.76)

(Ord. No. 839, 2-2-2021)

When it is the opinion of the director of the department of public works that it is impracticable to construct street lighting, curbs, gutters and sidewalks, or any of them, for any of the following reasons:

A.

Insufficient street and drainage grade data;

B.

Where the construction of street lighting, curbs, gutters and sidewalks, or any of them, would create a:

Temporary blocking of drainage facilities;

Traffic hazard;

Pedestrian hazard;

C.

Impractical due to planned:

Installation of underground utilities;

Widening of street;

Grade change on street; or

Any technical reason that is consistent with sound engineering practices, the owner, or his authorized representative, shall, at his option, either:

a.

Deposit with the city clerk such moneys which are determined by the director of public works to be the cost to construct street lighting, curbs, gutters and sidewalks, or any of them, at the prevailing contract price in the area; or

b.

Execute a written promise to pay to the city the cost to construct street lighting, curbs, gutters and sidewalks, as determined by the director of public works, upon demand by the city made when it is the opinion of the director of public works that installation is feasible.

Moneys deposited under subsection a. shall remain in a special fund until installation is determined to be feasible. Upon written demand made by the city for the cost of construction of curbs, gutters and sidewalks pursuant to subsection b. above, payment shall be made by the owner or his authorized representative within thirty days.

(Ord. 307 § 1, 1974: prior code § 19.76-1)

(Ord. No. 839, 2-2-2021)

In the event that a street or road has been improved and curbs and gutters have been installed under a gas-tax-budgeted project, the adjacent or fronting property owners shall be required to install sidewalks to specifications, location and grades in accordance with city specifications within thirty days after acceptance of the street or road project by the city council, or the owner may deposit with the city clerk sufficient moneys as indicated by the director of the department of public works in compliance with contract costs in the area to cover the installation of these sidewalks in a manner prescribed by the director.

(Prior code § 19.76-2)

A.

The installation and width of vehicle entrance driveways to the property shall be in accordance with city construction standards. Under no circumstances can a driveway or driveways occupy an area greater than fifty percent of the street frontage. Private driveways shall be a minimum of ten feet and a maximum of twenty-four feet. Commercial driveways shall be a minimum of twelve feet and a maximum of thirty-five feet. There shall be a minimum of ten feet from any radius or two feet from any property line and twenty feet between any two driveways serving the same property or installation facility, such as a home, business, parking lots, etc.

B.

All driveway entrances to the property line shall be constructed of P.C.C. to a depth of six inches.

(Prior code § 19.76-3)

(Ord. No. 834, § 2, 11-17-2020)

Editor's note— Ord. No. 834, § 2, adopted Nov. 17, 2020, changed the title of § 12.08.060 from construction—driveway specifications to construction—driveway standards.

Whenever fifty percent or more of the frontage of any block fronting upon a public street has had street lighting, curbs, gutters and sidewalks, or any of them, installed in accordance with city construction standards, or cash bonds have been deposited with the city clerk in compliance with section 12.08.040 representing fifty percent or more of the frontage of any block, it is then mandatory for the remaining street lighting, curbs, gutters and sidewalks, or any of them, to be installed to city construction standards by the adjoining or abutting property owners whether the property has been approved or not.

For the purpose of this section, a block frontage shall be from property line to property line and the curbs shall include curb returns onto the adjoining streets.

(Prior code § 19.76-4)

(Ord. No. 834, § 2, 11-17-2020; Ord. No. 839, 2-2-2021)

The owners of property fronting on any street may have street lighting, curbs, gutters and sidewalks, or any of them, installed on any block by presenting to the city council a petition signed by owners representing fifty percent or more of the frontage on such block and arranging for payment. It then becomes mandatory for the property owners that represent the remaining frontage on such block to participate in the construction of street lighting, curbs, gutters and sidewalks, or any of them, to city specifications. Petitions can be secured from the city clerk. The director of the department of public works shall designate, at ninety-day intervals, all costs involved in the construction of approved curbs, gutters and sidewalks, or any of them.

(Prior code § 19.76-5)

(Ord. No. 839, 2-2-2021)

A.

When any portion of any walkway is out of repair, or in condition to endanger persons or property, or in condition to interfere with the public convenience in the use thereof, the director of public works, in the manner provided, shall notify the owner or person in possession of the property abutting or fronting on that portion of such walkway so out of repair to repair.

B.

The notice to repair shall describe the work to be done, designate the materials to be used and specify the manner in which such work shall be done, and shall be substantially in the following form:

NOTICE TO REPAIR (walkway, curb, driveway, bulkhead, sidewalk, retaining wall, park or parking strip). The owner of the property described as follows: _______ commonly known as _______ is hereby ordered to repair the (walkway, sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip) in front of or abutting said property in accordance with construction standards on file in the office of the Director of Public Works, of the City of Anderson, and all ordinances of the City of Anderson pertaining thereto, within thirty (30) days from the date hereof, or to appeal in writing to the Council of the city within said thirty (30)

days, and show cause why said work would not be done or why the time therefor should be extended. If the work herein indicated is not commenced within the time affixed herein, or any extension thereof granted by said Council, the said Director of Public Works, will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property.

Estimated cost of repair $__________

Dated: ________

Director, Department of Public Works

(All words in parenthesis above except that of those to be covered by the notice shall be deleted.)

(Prior code § 19.76-6 (part))

(Ord. No. 834, § 2, 11-17-2020)

Such notice to repair shall be posted in a conspicuous place on each parcel of property abutting or fronting on the walkway out of repair.

(Prior code § 19.76-6 (part))

Within three days after posting of such notice, the director shall cause a notice similar in form and substance thereto to be mailed by registered mail, postage prepaid, to the owner of such property, as his name and address appear on the records in the office of the city assessor.

(Prior code § 19.76-6 (part))

The owner of such posted property may appeal to the legislative body of the city and show cause why such work should not be done or why the time therefor should be extended. Such appeal shall be in writing and shall be filed with the city clerk within thirty days from the date of the notice required in Sections 12.08.090 through 12.08.110, and will be heard by the council at the next regular meeting of such body held after such appeal has been filed. The council shall hear and pass upon such appeal and its determination thereon shall be final and conclusive. Such hearings may be continued from time to time at the discretion of the city council.

(Prior code § 19.76-6 (part))

Unless the repair required in such notice is commenced by such owner within thirty days from the date of posting notice as provided in Sections 12.08.090 and 12.08.100 and diligently prosecuted to completion, or, in case of an appeal to the legislative body of the city within ten days from the date of the determination thereof, unless such appeal is sustained, the council shall repair the walkway. If upon appeal to the city

council the requirements of the original notice are modified, in making such repairs the director shall be governed by such modification.

(Prior code § 19.76-6 (part))

A.

The director shall cause to be kept in his office a permanent record containing:

The description of each parcel of property upon which a notice to repair has been posted, as provided in Section 12.08.100;

The name of the owner, if known;

The date on which such notice was posted; and

The charges incurred by the city in causing such repair to be made and all incidental expenses in connection therewith.

B.

Each entry shall be made as soon as practicable after completion of such act. In the event that the city makes the repair or causes it to be made, the charges incurred therefor shall be determined by the director, and he shall prepare and mail a bill for the same to the last known address of the owner of the posted property.

(Prior code § 19.76-6 (part))

A.

From and after the date of entry in the permanent record of the charges incurred by the city for the repair, such charges shall become a lien against the posted property.

B.

Such lien shall be enforced in the manner specified by law.

(Prior code § 19.76-6 (part))

II. - Permits—Permittee Responsibilities

The provisions of this article apply only to permits for the laying, constructing, reconstructing or repairing of street lighting, curbs, sidewalks, gutters, driveways, street surfaces, retaining walls, storm drains, culverts or other appurtenant street structures.

This article also applies to permits for the constructing, reconstructing or repairing by any private person of any street light or street lighting system in any street or in any privately owned thoroughfare which is open to public travel.

(Prior code § 19.78)

(Ord. No. 839, 2-2-2021)

An applicant for a permit shall state in his application:

A.

The location, nature and extent of the work to be performed, including, if the work relates to highway lighting, plans and specifications;

B.

The materials to be used; and

C.

Such other information as the city engineer may require.

(Prior code § 19.79)

If, in the opinion of the city engineer, the work proposed to be done requires the making of plans or the setting of stakes or both, the city engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer.

(Prior code § 19.80)

A.

An applicant for a permit to construct any work, except curbs, walks, gutters or highway surfaces, shall, in addition to the issuance fee, pay or make a deposit for an engineering or inspection fee as follows: An amount estimated by the city engineer to be equal to twice the actual cost of all necessary engineering and inspection.

B.

An applicant for a permit to construct a driveway with surfacing other than dirt, gravel or decomposed rock shall, in addition to the issuance fee, pay an engineering or inspection fee as follows:

For each residential driveway, one dollar and fifty cents;

For each commercial driveway, ten dollars.

(Prior code § 19.81)

The engineering and inspection costs provided for in subsection B of Section 12.08.200 shall be presumed to be the actual cost. A refund shall not be made to any applicant unless the inspection or engineering fee was erroneously collected, in which case the entire amount may be returned, or, if the driveway or driveways were not constructed by the permittee, the applicant may apply for a refund of the unused fees less a charge of one dollar and fifty cents on the permit for final inspection charges. Where the deposit has been made under subsection A of Section 12.08.200, the city engineer shall deduct from the deposit the amount of the issuance fee and the actual cost to the city of the required engineering and inspection. If such cost and fee is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys.

If the cost plus the issuance fee exceeds the deposit, the permittee shall pay the excess to the city. If he does not so pay within fifteen days, the city may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued.

(Prior code § 19.82)

The city engineer shall issue, without any inspection fee or deposit therefor, a permit to construct a residential driveway if the applicant for such permit pays the issuance fee and submits satisfactory evidence to the city engineer that:

A.

The distance from the curb line to the property line does not exceed ten feet;

B.

There is no space between the sidewalk and the curb;

C.

The distance from the inside of the sidewalk and the property line does not exceed five feet; and

D.

The driveway will be inspected by a competent governmental agency other than an agency of the city, and such governmental agency will furnish a certificate to the effect that that portion of the driveway installed in the public right-of-way was inspected and complies with minimum standards required by the city.

If an applicant receives a permit pursuant to the provisions of this section and the governmental agency referred to in subsection D fails to make the inspection or fails to file the certificate provided for in subsection D within four months of the issuance of the permit, the city engineer may himself inspect the driveway, in which case the applicant shall pay to the city engineer the actual cost of such inspection.

(Prior code § 19.83)

The city engineer shall not charge any engineering or inspection fee for a permit to construct curbs, walks, gutters or highway surfaces.

(Prior code § 19.84)

When a permit has been revoked by the city engineer, the permittee may obtain a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded.

(Prior code § 19.85)

If so required by the city engineer, the permittee shall make proper arrangements for and bear the cost of relocating any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The city engineer may elect himself to do the necessary relocation. In that case, the permittee shall deposit with the city engineer a sum of money estimated by him to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 12.08.210.

(Prior code § 19.86)

If the applicant complies with every provision of this article, and with all applicable provisions of this code, the city engineer may issue to the applicant a written permit to perform the work set forth in the application.

(Prior code § 19.87)

If an application relating to street lighting is denied, the applicant may apply to the city council for such a permit.

(Prior code § 19.88)

(Ord. No. 839, 2-2-2021)

Every permittee shall commence the proposed work within sixty days after the granting of the permit and thereafter prosecute the work in a diligent and workmanlike manner to completion.

(Prior code § 19.89)

Unless in his opinion a good and sufficient reason exists for the delay, the city engineer may revoke a permit unless work thereunder is commenced within sixty days of the date of issuance.

(Prior code § 19.90)

The city engineer may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work authorized by the permits or such portions thereof is included in the proposed work to be done by any existing assessment district or by any proposed assessment district, concerning the formation of which the debt limit report required by law has been filed.

(Prior code § 19.91)

Before a permittee performs any work covered by this article, he shall obtain from the city engineer the lines and grades therefor.

(Prior code § 19.92)

The permittee shall perform any work in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the city engineer.

(Prior code § 19.93)

No person shall perform any work covered by this article in an amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor.

(Prior code § 19.94)

If any stakes set for any work covered by this article are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the city engineer to be sufficient to pay the cost of setting such additional stakes. The city engineer shall set the additional stakes. After such setting, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 12.08.210.

(Prior code § 19.95)

Not less than eighteen hours before the commencement of any work covered by this article, the permittee shall apply in writing to the city engineer for an inspection therefor. In such application he shall specify the day and hour when and the location at which the work will be commenced.

(Prior code § 19.96)

A permittee shall place and maintain at each end of the work, not more than fifty feet apart along the side thereof, unless otherwise directed by the city engineer, from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. He shall also place and maintain barriers not less than three feet high at each end of the work until the work is completed to the entire satisfaction of the city engineer.

(Prior code § 19.97)

Whenever any permittee has completed any work for which a permit has been granted, he shall so notify the city engineer in writing.

(Prior code § 19.98)

If the city engineer by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all of the provisions of this article, he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature and extent of the work performed under the permit.

(Prior code § 19.99)

A permittee shall remove all material and debris:

A.

Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit; and

B.

In all other cases, within three days.

(Prior code § 19.100)

III. - Street Lighting System

Every light and street lighting system installed or constructed in any street or private thoroughfare which is open to public travel shall conform to the city construction standards.

(Prior code § 19.101)

(Ord. No. 839, 2-2-2021)

If any person offers to dedicate as a street any land upon which any highway light or highway lighting system has been installed, the clerk, before presenting such offer to the city council, shall refer such offer to the city engineer for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of this article and the specifications adopted in this article.

(Prior code § 19.102)

Upon reference to him, the city engineer shall make an adequate investigation of such highway light or highway lighting system and the construction and installation thereof, and report in writing to the city council as to whether such light or lighting system complies with the provisions of Section 12.08.400. If such light or lighting system does not comply, he shall report what changes or alterations are necessary so that such light or lighting system will conform.

(Prior code § 19.103)

If such light or lighting system does not conform to the provisions of Section 12.08.400, the city council shall not accept such offer of dedication unless and until such light or lighting system has been made to conform.

(Prior code § 19.104)