Clayton Municipal Code Ch. 12.16 Maintenance and Construction of Sidewalks, Driveways, Curbs, and Gutters

This chapter shall be known as the sidewalk ordinance.

(Ord. 228, § 1, 1986)

This chapter sets forth rules and regulations to control the repair and construction of sidewalks, driveways, curbs and gutters; establishes the administrative procedures for issuance of permits; and provides for the control of obstructions placed where the construction, alteration, or repair work is performed for the purpose of safeguarding persons and property against unreasonable hazards resulting from uncontrolled construction practices, in the interest of public health, welfare, and safety.

(Ord. 228, § l, 1986)

A. The owner of a parcel of real property which abuts any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance.

B. The owner of a parcel of real property is under a duty to members of the public to keep the portion of any sidewalk area described in subsection A in a safe condition. If the owner makes an alteration to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition. In the course of making any alteration or repair of the sidewalk, the owner shall also keep in mind the encroachment permit requirements of this code.

C. The failure of an owner to fulfill the duties imposed by subsections A and B is negligence, and the owner is liable to members of the public injured as a result of that negligence.

D. If the owner of the parcel of real property is not the person in possession, then the responsibilities and duties imposed by subsections A and B are also imposed on the person in possession of the property.

(Ord. 346, § 1, 1999)

It is unlawful for any person to perform any work within the scope of this chapter except for the removal of obstructions, without first having obtained a permit from the department of public works pursuant to this chapter.

(Ord. 228, § 1, 1986)

A licensed concrete contractor desiring a permit pursuant to this chapter must first deposit with the City Engineer of the City of Clayton a case deposit fee as provided in Section III "Cash Deposit and Bonds" of Chapter 12.04 "Street Encroachments". No fee is required when a homeowner desires a permit pursuant to this chapter to do work on the frontage of his own home.

(Ord. 228, § 1, 1986)

The City Engineer shall charge a fee for each and every permit issued, in addition to inspection and engineering fees as hereinafter provided in this chapter. In no case shall a permit be granted to construct sidewalks, curbs and/or gutters where the council has declared its intention to construct such sidewalks, curbs and/or gutters under the general laws of the State of California, and also provided that in the event any of the terms or conditions of this chapter are not complied with, no further permit shall be issued to such person while noncompliance continues to exist, or while such person is indebted to the City of Clayton for money expended in accordance with the terms and conditions of this chapter.

(Ord. 228, § 1, 1986)

It shall be the duty of the City Engineer to cause an inspection to be made of sidewalks, driveways, curbs and gutters constructed under the permit, to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.

The City Engineer shall charge an inspection fee for all installations of sidewalk, driveway, curb or gutter as hereinafter provided.

(Ord. 228, § 1, 1986)

All sidewalks, driveways, curbs and/or gutters must be repaired and/or constructed in every particular in accordance with the permit therefor issued; must be completed within thirty (30) days from the date of the permit, unless an extension of time thereon is granted by the City Engineer. If all of the construction and/or repair work of any sidewalk and/or driveway is not completed at the expiration of the time allowed by the permit appertaining thereto, and in accordance with the terms of this chapter, the City Engineer may notify the contractor to complete the work within two (2) days, and if not so completed, the City Engineer is authorized to have the same done at the expense of the constructor, and his guarantee deposit, or as much thereof as may be necessary, shall be applied in payment therefor. Such work must be in accordance with such specifications as may be adopted by the City of Clayton, from time to time, for the construction and/or repair of sidewalks, driveways, curbs and/or gutters.

(Ord. 228, § 1, 1986)

A "driveway" is defined as any approach leading to or from a street which passes over or upon the curbing, parking, or sidewalk area, for the purpose of a vehicular approach. Such driveway bottom width shall not be less than twelve (12) feet or more than twenty (20) feet at the curb line except that with the approval of the City Engineer, such driveway may be constructed to a greater width.

(Ord. 228, § 1, 1986)

The City Engineer shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that, at the owner's expense, the curb, parkway, and sidewalk shall be restored to its original condition, or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to established grade.

(Ord. 228, § 1, 1986)

Such notice, as required in Section 12.16.090, shall particularly specify what work is required to be done, how the same is to be accomplished, and what materials shall be used. The notice shall be given personally by service upon the owner or person in possession of the property facing such driveway, or by placing such notice in the United States mail in a sealed envelope addressed to the person in possession of such property, or to the owner thereof, addressed to his last known address as the same appears on the last equalized assessment rolls of the City of Clayton and when no address so appears, to general delivery, City of Clayton, with postage prepaid.

(Ord. 228, § 1, 1986)

If such work is not commenced within two (2) weeks after such notice is given as aforesaid and diligently without interruption prosecuted to completion, the City Engineer shall proceed to cause such work to be done in the manner and pursuant to the provisions of this chapter.

(Ord. 228, § 1, 1986)

The permit granted pursuant to this chapter shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration or repair work is to be performed, such materials or equipment as may be necessary for use in performing such work, provided, however, that such materials and equipment shall not occupy more than one-third of the roadway in front of the construction work, and shall be placed thereon subject to the direction and approval of the City Engineer. All materials, debris, and equipment shall be so placed as not to obstruct any gutter way, and shall be so cared for as to prevent material from being blown or otherwise carried into any gutter way, or any catch basin, or any portion of the street other than that lawfully occupied by such obstruction. No material or other obstruction shall be placed within fifteen (15) feet of fire hydrants, which must remain at all times readily accessible to the fire department.

The permit shall prescribe the date when work shall begin, and the time of occupancy of the street, provided, however, that the City Engineer may order the materials, equipment and debris, or any portion thereof, to be removed within three (3) days after written notice, and in the event the same is not removed within the time prescribed by the City Engineer, or in the permit, as the case may be, the City Engineer may cause the same to be removed and charge the costs thereof against the cash deposit. The placing of materials and equipment upon the street for the purpose of such construction work and the removal thereof shall be held to be part of such construction work. In the construction and/or repair of sidewalks, driveways, curbs and/or gutters, all rejected and refuse materials shall be removed immediately and all surplus materials shall be removed from the site within two (2) days after completion of the work.

(Ord. 228, § 1, 1986)

Whenever the construction or repair of sidewalks, driveways, curbs, and/or gutters, or other improvement contracts or undertakings require the temporary occupancy of any portion of a public street or a public sidewalk and a permit has been granted for such occupancy pursuant to the provisions of this chapter, such permit and such occupancy shall be subject to the provision that permittee furnish and maintain such facilities as fences, barriers, "street closed" signs, lights and watchmen as may be necessary to provide adequate protection and prevention of avoidable accidents to the public.

Where such facilities or any of them are not provided or are out of service and an emergency exists that necessitates protective measures, the City Engineer, or his representative, may provide such facilities during the emergency and the cost thereof shall be paid by the permittee or deducted from any deposit made with the City of Clayton as a condition to the granting of such permit.

The City Engineer, or his representative, before taking the above-mentioned emergency action, shall take all steps reasonable under the circumstances to notify the permittee, or his known representative, or the existing conditions and allow such permittee to care for the same, provided he acts promptly and expeditiously.

(Ord. 228, § 1, 1986)

Every owner of real property in the City of Clayton shall keep the entire width of the sidewalk in front of such property from curb to lot line, free and clear of all weeds, rubbish, debris, or other obstructions, excepting obstructions permitted by law, which from any cause whatever shall have accumulated or may accumulate upon the sidewalk above the established grade of the same.

The City Engineer may order the weeds, rubbish, debris, obstructions or materials to be removed within two (2) weeks after written notice is given, and in the event same is not removed within the time prescribed by the City Engineer, the City Engineer may cause the same to be removed and the cost of the same shall be a lien on the property.

(Ord. 228, § 1, 1986)

It is unlawful to place loose rock, decorative stones or pebbles, bark, asphalt or any other surfacing not specified hereafter in any strip of land used and maintained for parking between any property line and street. It is lawful to pave with concrete, brick, or exposed aggregate concrete in such a parking strip by first obtaining a permit from the City Engineer.

In any of the above-mentioned situations, the City Engineer may require that planting areas be left in the parking strip for the planting of street trees and may require the planting of such trees as a condition of such permit.

(Ord. 228, § 1, 1986)

The applicant shall pay to the City of Clayton in the office of the City Engineer such fees as may be established from time to time by resolution of the council of the City of Clayton in the following categories:

A. Permit Fee. A separate application and permit fee is required for each and every site.

B. Inspection Fee. Based on a percentage of the estimated cost of construction.

C. Engineering Services. When engineering services are necessary for the proper construction of improvements, such services shall be furnished by the City Engineer and fees shall be charged therefor.

D. Cash Deposit Fee. A deposit fee to guarantee contractor's work from any failure or breakage for a twelve-month period.

(Ord. 228, § 1, 1986)

The provisions of Streets and Highways Code Chapter 22 of Part 3, Division 7 of the State of California (cited as the "Improvement Act of 1911") are hereby expressly referred to and by such reference are made a part of this chapter.

(Ord. 228, § 1, 1986)

The provisions of Streets and Highways Code Chapter 27 of Part 3, Division 7 of the State of California (cited as the "Improvement Act of 1911") are hereby expressly referred to and by such reference are made a part of this chapter.

(Ord. 228, § 1, 1986)