Del Rey Oaks Municipal Code Ch. 12.04 Street and Sidewalk Construction and Repair

As used in this chapter, the term "superintendent of streets" means the City Manager, or their designee.

(Ord. No. 322, § 1, 11-18-2025)

No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb-cut, driveway, or street in the public streets in the city without first obtaining a permit from the building inspector or the superintendent of streets in the manner provided in this section and in the manner provided in Sections 12.04.020 through 12.04.030.

(Prior code § 10-401)

An applicant for a permit hereunder shall file with the building inspector or superintendent of streets an application showing:

A. The name and address of the owner, or agent in charge of the property abutting the proposed work area;

B. Name and address of the party doing the work;

C. The location of the work area;

D. Attached plans showing details of the proposed alteration;

E. Estimated cost of the alteration;

F. Such other information as the superintendent of streets shall find reasonably necessary to the determination of whether a permit should issue hereunder.

(Prior code § 10-402)

The superintendent of streets or building inspector shall issue a permit hereunder when he finds:

A. That the plans for the proposed operation have been approved by the city engineer, to whom they shall be forwarded by the superintendent of streets or building inspector, within a reasonable time after receipt thereof;

B. That the work shall be done according to the standard specifications of the city for public work of like character; and are constructed in accordance with the standard specifications and plans for concrete sidewalk, driveways, driveway approaches, curbs, or curbs and gutters, on file in the office of the city clerk, reference to which is hereby made for further particulars;

C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties, and the reasonable flow of water in the curbs and gutters;

D. That the health, welfare and safety of the public will not be unreasonably impaired.

(Prior code § 10-403)

All operations for which a permit is granted hereunder shall be under the direction and supervision of the superintendent of streets.

(Prior code § 10-404)

A. Where the use, convenience and necessity of the public require, or the reasonable flow of water is interfered with, the superintendent of streets shall have the authority to order the owners, or agents in charge of property adjacent to which curb-cuts are maintained, to alter the curb-cut in such manner as he shall find reasonably necessary under the circumstances.

B. The notice required by this section shall: (1) require compliance by permittee within 30 days of said notice; (2) be in writing; and (3) be served upon permittee as required by law.

(Prior code § 10-405)

No permit issued under this chapter shall be in conflict with the following regulations:

A. All sidewalk, driveway, driveway approach, curb and curb and gutter work shall be done under the direction, supervision and to the satisfaction of the superintendent of streets, and must be constructed in accordance with the standard plans specifications for concrete sidewalks, driveways, driveway approaches, curbs, or curbs and gutters on file in the office of the city clerk, reference to which is hereby made for further particulars.

B. All prepared subgrades and surfaces shall be inspected and approved by the city before any concrete is poured. All completed work shall be subject to approval by the city. At least 24 hours advance notice shall be given to the city by the applicant so that the city may schedule such inspection.

C. No sidewalk, driveway, driveway approach, curb or curb or gutter shall be constructed other than of concrete unless special permission therefore has first been obtained from the public works department.

D. No driveway or driveway approach shall be constructed at a grade in excess of ten percent from gutter or edge of curb to property line, and not in excess of five percent from property line to termination of driveway; except in such portions of the city as have been declared to be in a hillside subdivision by the city council in which event said grades shall not exceed 13⅔ percent; and any deviation from either situation shall be subject to a specific variance to be granted by the planning commission of the city and subject to such conditions as the planning commission may require.

E. All debris and surplus materials shall be removed promptly upon completion of the work.

F. Applicant shall maintain the premises in a safe manner, and shall provide adequate barricades at his own expense to protect the safety of the public using the adjacent streets or sidewalks and shall hold the city free from any damages incurred by his operations.

(Prior code § 10-210)

All permits for the construction or repair of sidewalks, driveways, driveway approaches, curbs or curbs and gutters shall be posted conspicuously near the work by the person to whom the permit is granted.

(Prior code § 10-211)

A. It is unlawful for any person owning any building, lot or premises in the city, fronting on any portion of an improved street or way, where a sidewalk or driveway is laid, to allow any portion of such sidewalk in front of such building, lot or premises to be out of repair, or to become, be or remain defective or to become, be or remain dangerous to the users thereof for any reason. Such person must at all times keep each such sidewalk or driveway in such condition that it will not endanger persons or property passing thereon, and will not interfere with public convenience in the use thereof, or be or remain an obstruction or impediment to normal, customary and usual pedestrian or vehicular traffic, or the normal and usual flow of water in curbs fronting said way.

B. In the event the driveway slopes downward in the section from curb to property line, there shall be a section for at least one foot behind the curb that will slope upward in order to form a gutter and prevent the normal flow of water from entering and flowing over city property.

C. Types of driveway structures permitted are on file in the office of the city clerk.

(Prior code § 10-212)

A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended.

B. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Del Rey Oaks' costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of tire property owner to promptly pay such assessments.

C. For the purposes of this Chapter, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.

D. Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the superintendent of streets may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 90 days from the time the notice referred to in said Section 5614 is given.

(Ord. No. 322, § 2, 11-18-2025)

Editor's note— Ord. No. 322, § 2, adopted November 18, 2025, amended § 12.04.090 in its entirety to read as herein set out. Former § 12.04.090, pertained to Streets and Highways Code provisions adopted, and derived from § 10-213 of Prior Code.

The property owner required by Section 12.04.090 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by Section 12.04.090, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

(Ord. No. 322, § 3, 11-18-2025)

A. The owner of any premises within the city has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner for purposes of this chapter.

B. The owner of any lot fronting any portion of a parkway or sidewalk, or other public right-of-way, shall maintain such parkway, sidewalk, curb, gutter and right-of-way, including any and all trees, shrubs, hedges, or landscaping in the abutting parkway, sidewalk, or public right-of-way, in a condition that will not interfere with the public safety and convenience and the use of the parkway, sidewalk, curb, gutter and right-of-way.

C. The owners of lots fronting any portion of any parkway, sidewalk, curb, gutter or other public right-of-way shall keep those areas free of debris at all times.

D. The failure to comply with the requirements of this section shall be deemed a public nuisance. The city may exercise any remedy permitted by law for violations of this section, including those contained in Chapters 1.16 and 1.19.

E. Notwithstanding the owner's primary responsibility for the maintenance of parkways, sidewalks, curbs, gutters and public rights-of-way, the city shall retain discretion for ensuring the general maintenance level of public rights-of-way for the purpose of ensuring the safety of the public, including, but not limited to, maintaining street trees and other landscaping improvements, including irrigation systems, roadways systems and shoulders, utility services, parkways, and pedestrian sidewalks. This includes privately owned improvements within the public right-of-way.

(Ord. No. 322, § 4, 11-18-2025)