Chula Vista Municipal Code Ch. 12.04 General Provisions

Sections:

• 12.04.010 Short title. 12.04.020 Plans, maps and studies applicable – Scope – Drainage facility defined. 12.04.025 Enforcement – Generally. 12.04.030 Enforcement – Lien procedure. 12.04.040 Exemptions from fee payment and insurance designated – Liability agreement required.

***** For statutory provisions regarding construction of sidewalks, see Str. and Highways Code §§ 5870 – 5895.54; for provisions regarding repair of sidewalks, see Str. and Highways Code § 5600, et seq.; for provisions authorizing cities to require removal of encroachments, see Gov. Code § 38775.

This title shall be known and may be cited as the “public rights-of-way improvement code.” (Ord. 1205 § 2, 1969; prior code § 27.101).

A. All street and highway improvements, as contained in this title, shall relate to those streets and highways indicated on the street select system as it presently exists or as it may from time to time be amended; the street and highway element of the General Plan of the City of Chula Vista adopted by Resolution No. 3519 on September 22, 1964, as amended; and such other specific plans for streets and highways as may be adopted from time to time by the City Council.

B. The term “drainage facility,” as contained herein, shall relate to those facilities indicated in plans and studies provided by or on file in the office of the Director of Public Works and shall be undertaken in accordance with plans and specifications therefor as approved by the City Council.

C. In addition to street and highway improvements, this title shall provide regulations for the installation of all street furnishings and landscaping as a part of land development of public rights-of-way, including but not limited to benches, street lighting, trash containers and street trees in accordance with maps, plans, standards and specifications adopted by the City Council. (Ord. 1205 § 2, 1969; prior code § 27.102).

The general enforcement of this Title, including the abatement of violations and noncompliance with an issued Permit, shall fall within the following purview: (A) Public Works and/or Code Enforcement, for any violation occurring within the area of public right-of-way between the property line and curb; (B) Police Department, for any violation occurring within the street area of the public right-of-way. (Ord. 3544 § 14, 2023).

In addition to the penalties provided for violations of this title, which constitute misdemeanors, the City shall have the right to secure compliance of all of the provisions of this title by use of the notice and lien procedure as set forth in CVMC 12.12.070. (Ord. 1277 § 1, 1970; Ord. 1205 § 2, 1969; prior code § 27.1601).

All governmental agencies including the state of California and its political subdivisions shall be exempt from any of the fee requirements set forth in any section of this title, and further, said agencies shall not be required to provide insurance as stipulated in any section of this title. Said agencies shall be required to execute an agreement holding the City harmless. (Ord. 1277 § 1, 1970; prior code § 27.1602).