Avenal Municipal Code Ch. 2 Sidewalks, Crosswalks, Curbs

DRIVEWAYS Sections:

7-2.01 Permits—Required.
7-2.02 Permits—Applications.
7-2.03 Permits—Fees.
7-2.04 Violations—Penalties.
7-2.05 Private improvements.
7-2.06 Safety hazards. 7-2.01 Permits—Required. It is unlawful for any person to construct or install, or cause to be constructed or installed, any sidewalk, crosswalk, curb, gutter, or driveway, where such structure is constructed of concrete or other permanent substance on or in any public street, alley, or other public way or easement dedicated to the public use in the City, without first obtaining a permit therefor as provided in this chapter or as otherwise provided in Section 7-2.05. No work on the construction or installation of any project as provided in this chapter shall be started, continued, or completed until an application has been made therefor and apermit issued therefor as provided in this chapter. (Ord. 91-13 (part), 1991) 7-2.02 Permits—Applications. The permits required by Section 7-2.01 of this chapter shall be issued by the Public Works Director or such other person as may be designated from time to time by resolution of the Council. Such applications shall be in writing and shall be signed by the person or his authorized agent, or by the authorized representative of the firm or corporation desiring or intending to construct or install, or cause to be constructed or installed, the particular improvement set forth in Section 7-2.01 of this chapter. Such applications shall set forth the nature of the project to be constructed or installed, its exact location and dimensions, and other pertinent facts. Such applications shall also show, by plot plan, profile, dimensions, and description, as the circumstances may require, the exact manner in which the construction or installation conforms to the official standards of location, grade, and specifications of construction and materials as are now, or may hereafter be, established by the City. It shall be the duty of the issuing officer, before issuing a permit, to inspect the application, and he shall ascertain that the project described in such application conforms in every respect to the standards and specifications of the City then in force and effect. A permit shall be issued only if the project, as set forth in the application, conforms to such standards and specifications. Applications shall be consecutively numbered, and each permit issued shall pertain solely to the application identified by number, date, and signatory for which the permit is issued. 7-2.03 Permits—Fees. To cover the costs of setting grades, inspections, and the maintenance of appropriate records, the issuing officer shall collect a fee for each permit issued pursuant to the provisions of this chapter. The fee shall be established by the City Council by resolution.

Title 7 PUBLIC WORKS Avenal, California, Code of Ordinances Page 4 (Ord. 91-06 § 23, 1991) 7-2.04 Violations—Penalties. Any sidewalks, crosswalks, curbs, gutters, or driveways which have been installed by any person without obtaining written permission, or which are installed in a manner which does not conform to the provisions of the written permit, shall be subject to removal on the order of the Public Works Director. Any person installing sidewalks, crosswalks, curbs, gutters, or driveways without first obtaining written permission from the Public Works Director shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. 7-2.05 Private improvements. (a) No encroachment permit is required for the following private improvements within that portion of the right-of-way between the property line and the back of the sidewalk: grass, ground cover, sprinklers, decorative rock/gravel, borders, mailboxes, private walkways, private driveways, (the noncircular type) fences no higher than three (3′) feet, and street trees per City ordinance. (b) All other improvements, including private circular driveways, brick or concrete structures, brick or concrete fences, any fence or wall over three (3′) feet in height, low voltage decorative lighting, or any other structures of a permanent nature, shall require an encroachment permit. (Ord. 91-13 (part), 1991) 7-2.06 Safety hazards. If any private improvement installed or constructed in the public right-of-way is, in the opinion of the City Manager or his designee, deemed to be a public safety hazard, the Manager or his designee may declare the improvement to be a public nuisance and the public nuisance shall be abated as such per Title 6, Chapter 5 of the Avenal Municipal Code. (Ord. 91-13 (part), 1991)