Berkeley Municipal Code Ch. 16.04 Sidewalk Construction and Repair

It is unlawful for any owner of any real property in the City, other than the City itself, fronting on any portion of a public street, alley, or way, to allow any portion of the sidewalk adjacent to the property to be out of repair. Said owner must at all times keep such sidewalk in such condition that it will not endanger persons or property passing thereon and will not interfere with public convenience in the use thereof. Said owner owes a duty to members of the public to keep said sidewalk in a safe condition. If said owner fails to maintain said sidewalk in a safe condition, and a person sustains injury or damage as a result of said failure, then the owner shall be liable to such person for the resulting injury or damage. “Sidewalk” as used in this section has the same meaning as stated in Berkeley Municipal Code Section 1.04.010. (Ord. 7184-NS § 1, 2011; Ord. 582-NS § 1, 1918)

It is unlawful for any person, firm or corporation to construct or cause to be constructed in the City any sidewalk, parking step, driveway approach, curb, or curb and gutter without first obtaining a written permit therefor from the Public Works Department. (Ord. 4109-NS § 1 (part), 1965)

Permits shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, parking step, driveway approach, curb or curb and gutter is to be constructed, the dimensions thereof, and shall refer to this chapter for the materials to be used and the mode of construction. All such permits shall be posted conspicuously near the work by the person to whom such permit is granted. (Ord. 4109-NS § 1 (part), 1965)

No permit shall be granted to construct sidewalks, parking steps, driveway approaches, curbs or curbs and gutters where the council has instituted formal proceedings, under the general laws of the state, to construct such work. (Ord. 4109-NS § 1 (part), 1965)

Nothing in this chapter shall be deemed to compel the Director of Public Works to issue permits or grant other authorization provided for herein, if in their judgment the proposed work is against the public interest or convenience. (Ord. 4109-NS § 2, 1965)

No sidewalks, parking step, driveway approach, curb, or curb and gutter shall be constructed of other material or in other manner than that prescribed by standard plans and specifications, current series, of the Public Works Department, and subject to the conditions set forth in Sections 16.04.070 and 16.04.080. (Ord. 4109-NS § 3 (part), 1965)

A. Definitions. As used herein, "parking strip" means the area between the back of the curb and front of the sidewalk, and "parking step" means the pedestrian walkway within the parking strip.

B. Materials. Sidewalks and parking steps shall be wood-float-finished concrete, heavy-broom-finished concrete or paving bricks imbedded in concrete of a suitable abrasive surface to provide pedestrian safety and convenience. Other material may be used only with the special written permission of the Director of Public Works.

C. Color.

1. Concrete. Concrete color will be that obtained by adding three-quarters of a pound of lampblack per cubic yard of portland cement concrete, except in those cases where other color is authorized by the Director of Public Works in the reasonable exercise of their discretion.

2. Paving Brick. Paving-brick color will be that authorized by the Director of Public Works in the reasonable exercise of their discretion.

D. Concrete Finish. Concrete finish shall be wood-float-finished or heavy-broom-finished, as indicated on the permit.

E. Tree Wells. The director of public works may prescribe or authorize tree wells in parking strips after due consultation with the Director of Recreation and Parks. Prescribed or authorized tree wells shall be indicated on the permit. (Ord. 4109-NS § 3(a), 1965)

A. Materials. Driveway approaches, curbs or curbs and gutters shall be portland cement concrete.

B. Concrete Color. Concrete color will be that obtained by adding three-quarters of a pound of lampblack per cubic yard of portland cement concrete, except in those cases where other color is authorized by the Director of Public Works in the reasonable exercise of their discretion.

C. Concrete Finish. Concrete finish shall be wood-float-finished or heavy-broom-finished, as indicated on the permit. (Ord. 4109-NS § 3(b), 1965)

The placing of gutter fill and the paving area of street area adjacent to curb or curb and gutter construction shall be done only by the City or its authorized agents or representatives.

A. Gutter Fill. Gutter fill is an overlay of paving material placed in and about the street gutter for the purpose of changing its grade, and is used to change the profile of driveway approaches to prevent cars from scraping and to improve the flow of drainage. Property owners may apply to the Public Works Department for gutter fill to be placed in the public right-of-way abutting their property; charges therefor shall be fixed by the

Director of Public Works based upon prevailing prices, and such charges shall be paid prior to the performance of the work by the City.

B. Street Paving Adjacent to Curb or Curb and Gutter Construction. The paving of street area adjacent to curb or curb and gutter construction shall be done by the City, and the permittee shall pay for the performance of such work by the City a charge of one dollar per square foot. The permittee shall be responsible for public safety and convenience at the construction site until such time as the City has completed paving the street area adjacent to the curb or curb and gutter construction. (Ord. 5169-NS § 1 (part), 1979; Ord. 5072-NS § 1 (part), 1978; Ord. 4361-NS (part), 1968; Ord. 4109-NS § 4, 1965)

All sidewalks, parking steps, driveway approaches, curbs or curbs and gutters shall be constructed in every particular in accordance with the permit issued therefor, and in accordance with standards plans and specifications, current series, Public Works Department, City of Berkeley, which the permittee will refer to for particulars. All said work shall be done in a proper and workmanlike manner and to the satisfaction of the Director of Public Works, including construction work, repair work, and cleanup work, and provision for pedestrian and vehicular convenience and safety. (Ord. 4109-NS § 5, 1965)

For permits and field inspection, fees or charges shall be paid in advance to the Public Works Department of the City in the amounts set forth in the public works master fee schedule, as adopted by City Council resolution.

A. All permits issued hereunder shall expire ninety days after issuance and there shall be no refund of the permit charge. In the exercise of their reasonable discretion and for good cause shown the Assistant City Manager for Public Works may waive or reduce the permit and inspection fees for sidewalk work which is necessitated by tree root damage from City owned trees.

B. Field Inspection: A charge for field inspection shall be made for the following:

1. Curbing, and curb and gutter for each ten lineal feet or fraction thereof.

2. Sidewalks and driveway approach for each one hundred square feet or fraction thereof. (Ord. 5987-NS § 1, 1990; Ord. 5933-NS § 1, 1989; Ord. 5476-NS § 1, 1982; Ord. 5356-NS § 1 (part), 1981; Ord. 5273-NS § 1, 1980; Ord. 5169-NS § 1 (part), 1979; Ord. 5072-NS § 1 (part), 1978; Ord. 4361-NS (part), 1968; Ord. 4109-NS § 6(a), 1965)

If application for refund is made within one hundred twenty days of date of permit, the field inspection charge shall be refunded if the work is not done; provided, that no refund whatsoever shall be made if application therefor is not made within said one-hundred-twenty-day period. (Ord. 4109-NS § 6(b), 1965)

A. When construction is to be performed pursuant to the provisions of this chapter, an amount as set forth in the public works master fee schedule, as adopted by City Council resolution, for each permit shall be deposited with the Public Works Department as a guaranty that all work, including excavation, stockpiling materials, protection and repair of property in the public right of way, including shrubs, maintenance and cleanup, will be done in a proper and workmanlike manner and in accordance with all City requirements and to the satisfaction of the Director of Public Works.

B. In lieu of such deposit for each permit, a surety company faithful performance bond in the amount as set forth in the public works master fee schedule, as adopted by City Council resolution, may be filed with the Public Works Department. Such bond shall be conditioned so that all construction of sidewalks, parking steps, driveway approaches, curbs or curbs and gutters shall be done in a proper and workmanlike manner, and in accordance with all City requirements and to the satisfaction of the Director of Public Works. Any such bond may be conditioned as a continuing bond and not be limited to any particular location in the City. The form of such bond shall be approved by the City Attorney.

C. In the event the work is not done in a proper and workmanlike manner, or not done in accordance with the requirements of this chapter or any other ordinance or requirements of the City, or not done to the satisfaction of the Director of Public Works, the City may perform or cause to have performed the necessary construction work, repair work or cleanup work and deduct the cost thereof from said deposit or require the cost thereof to be paid by said surety company on its bond.

D. In the exercise of their reasonable discretion and for good cause shown, the Director of Public Works may waive or reduce the deposit or bond required by this section in order to encourage property owners to do or cause to have done the work provided for hereunder; provided, that if such work is not being performed in a satisfactory and timely manner, the Director of Public Works may order that the deposit or bond required by this section be filed and the work stopped until such filing is made. (Ord. 5933-NS § 1, 1989; Ord. 5356-NS § 1 (part), 1981; Ord. 4361-NS (part), 1968; Ord. 4109-NS § 6(c), 1965)

The Director of Public Works shall have power to require property owners to remove driveway approaches where they are an obstruction to the gutter, and to reconstruct driveway approaches where drainage or other conditions are unsatisfactory. (Ord. 4109-NS § 7, 1965)

Where a curb has been broken to provide a driveway approach for a residence or a business and such driveway approach or portion thereof is no longer needed or used as a driveway approach, the owner of the property shall replace the curb and repair any damage done to the sidewalk by the use of such driveway approach or portion thereof. Such work shall be done in conformity with the requirements for the construction of sidewalks and curbs, as provided in the ordinances of the City. (Ord. 4109-NS § 8, 1965)

For any work performed, wholly or in part, without first having secured the permit required by the provisions of this chapter, the person, firm or corporation having performed such work shall pay a permit fee which shall be five times the permit fee provided by this chapter, and five times the inspection fee provided by this chapter. (Ord. 4109-NS § 10, 1965)

Whenever the City constructs or causes to have constructed any sidewalk, parking step, driveway approach or portion thereof, curb or curb and gutter pursuant to written agreement between a property owner and the Public Works Department of the City, and such property owner fails, neglects or refuses to pay the cost of such construction work or any portion thereof as provided in such agreement, such cost or the unpaid portion thereof shall be a lien against the real property of such property owner and shall be payable in the manner provided for the payment of real property taxes in the City. Such lien shall attach at the time of the failure to make payment as agreed, and the amount due shall be billed and shall be payable with the next ensuing tax bills against said property. The agreement between the property owner and the Public Works Department may contain a provision whereby such property owner agrees that such lien may be levied as herein provided. (Ord. 4109-NS § 9, 1965)

The provisions of this chapter requiring permits, the payment of inspection fees, deposits or surety bonds in lieu of deposits shall not apply to public utilities or public agencies performing public service in the installation and maintenance of pipes or conduits for gas, water, telephone, telegraph, fire alarm, electric, steam messenger or other public utility services. (Ord. 4109-NS § 11, 1965)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 5716-NS § 1 (part), 1986; Ord. 4109-NS § 12, 1965)